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<!DOCTYPE html> <html lang="en"> <head> <title>Handy Production Legal Center</title> <meta http-equiv="Content-Type" content="text/html; charset=utf-8"> <meta name="viewport" content="width=device-width, initial-scale=1.0, minimum-scale=1.0, maximum-scale=1.0"> <meta name="referrer" content="origin-when-cross-origin"> <meta http-equiv="Content-Security-Policy" content="default-src 'unsafe-inline' 'unsafe-eval' data: *"> <meta name="robots" content="nofollow, noarchive, noimageindex"> <meta name="googlebot" content="nofollow, noarchive, noimageindex"> <link rel="shortcut icon" href="https://cache-landingpages.services.handy.com/assets/favicon-465fb4e7d7152f5abb6b2ecf7330aefa8a067f174110dcd80324b56aeedfea59.ico" type="image/x-icon"> <link rel="icon" href="https://cache-landingpages.services.handy.com/assets/favicon-465fb4e7d7152f5abb6b2ecf7330aefa8a067f174110dcd80324b56aeedfea59.ico" type="image/x-icon"> <link href="//fonts.googleapis.com/css?family=Heebo:300,400,500,600,700,800,900" rel="stylesheet"> <style type="text/css">/*! normalize.css v3.0.2 | MIT License | git.io/normalize */ html, body { border: 0; color: #43474e; font-family: 'Heebo', Helvetica, Arial, sans-serif; font-size: 12px; -webkit-font-smoothing: antialiased; -moz-osx-font-smoothing: grayscale; -webkit-text-size-adjust: 100%; -ms-text-size-adjust: 100%; vertical-align: baseline; line-height: 1.5; margin: 0; padding: 0; width: 100%; background-color: #FFF; } div, span, object, iframe, img, table, caption, thead, tbody, tfoot, tr, tr, td, article, aside, canvas, details, figure, hgroup, menu, nav, footer, header, section, summary, mark, audio, video { border: 0; margin: 0; padding: 0; } h1, h2, h3, h4, h5, h6, p, blockquote, pre, a, abbr, address, cit, code, del, dfn, em, ins, q, samp, small, strong, sub, sup, b, i, hr, dl, dt, dd, ol, ul, li, fieldset, legend, label { border: 0; font-size: 100%; vertical-align: baseline; margin: 0; padding: 0; } article, aside, canvas, figure, figure img, figcaption, hgroup, footer, header, nav, section, audio, video { display: block; } audio, canvas, progress, video { display: inline-block; vertical-align: baseline; } audio:not([controls]) { display: none; height: 0; } [hidden], template { display: none; } a { background-color: transparent; } a:active, a:hover { outline: 0; } abbr[title] { border-bottom: 1px dotted; } b, strong { font-weight: bold; } dfn { font-style: italic; } h1 { font-size: 2em; margin: 0.67em 0; } mark { background: #ff0; color: #000; } small { font-size: 80%; } sub, sup { font-size: 75%; line-height: 0; position: relative; vertical-align: baseline; } sup { top: -0.5em; } sub { bottom: -0.25em; } img { border: 0; } svg:not(:root) { overflow: hidden; } figure { margin: 1em 40px; } hr { -moz-box-sizing: content-box; box-sizing: content-box; height: 0; } pre { overflow: auto; } code, kbd, pre, samp { font-family: monospace, monospace; font-size: 1em; } button, input, optgroup, select, textarea { color: inherit; font: inherit; margin: 0; } button { overflow: visible; } button, select { text-transform: none; } button, html input[type="button"], input[type="reset"], input[type="submit"] { -webkit-appearance: button; cursor: pointer; } button[disabled], html input[disabled] { cursor: default; } button::-moz-focus-inner, input::-moz-focus-inner { border: 0; padding: 0; } input { line-height: normal; } input[type="checkbox"], input[type="radio"] { box-sizing: border-box; padding: 0; } input[type="number"]::-webkit-inner-spin-button, input[type="number"]::-webkit-outer-spin-button { height: auto; } input[type="search"] { -webkit-appearance: textfield; -moz-box-sizing: content-box; -webkit-box-sizing: content-box; box-sizing: content-box; } input[type="search"]::-webkit-search-cancel-button, input[type="search"]::-webkit-search-decoration { -webkit-appearance: none; } legend { border: 0; padding: 0; } textarea { overflow: auto; } optgroup { font-weight: bold; } table { border-collapse: collapse; border-spacing: 0; } td, th { padding: 0; } .container { position: relative; width: 100%; margin: 0 auto; padding: 0 20px; box-sizing: border-box; } .column, .columns { width: 100%; float: left; box-sizing: border-box; } /* Opt In / Out Buttons */ .version-container .ps-action-button { border-radius: 3px; margin-left: 20px; } .version-container .ps-action-button.opt-in { border: 1px solid #5dbb61; color: #5dbb61; } .version-container .ps-action-button.opt-in:after { content: 'Opt In'; } .version-container .ps-action-button.opt-out { border: 1px solid #d64a4d; color: #d64a4d; } .version-container .ps-action-button.opt-out:after { content: 'Opt Out'; } /* PDF Viewer */ .ps-button-pinned .pdf-zoom-button { width: 40px; height: 40px; background-color: #f7f9fb; } .split-panel-left { position: relative; left: 0; right: auto; top: 0; bottom: 0; padding: 0; width: 100%; overflow-y: auto; } .zoom-button-container { width: 30%; margin-top: 0px; margin-right: auto; margin-bottom: 0px; margin-left: auto; } .page-number-container { width: 50%; margin-top: -5px; margin-right: auto; margin-bottom: 0px; margin-left: auto; text-align: center; } .ps-label-order { color: #b6c0ca !important; display: inline-block; font-size: 24px; font-weight: 400; user-select: none; -khtml-user-select: none; -o-user-select: none; -moz-user-select: -moz-none; -webkit-user-select: none; } @keyframes spinner { to {transform: rotate(360deg);} } .spinner:before { content: ''; box-sizing: border-box; position: absolute; top: 20%; left: 60%; width: 130px; height: 130px; border-radius: 50%; border: 10px solid transparent; border-top-color: #3498ec; border-bottom-color: #3498ec; animation: spinner .8s ease infinite; } .spinner:after { content: 'Working'; position: absolute; top: 22.7%; left: 61.7%; color: #fff; font-size: 20px; -webkit-animation: pulsate .8s ease-out; -webkit-animation-iteration-count: infinite; opacity: 0.5; } @-webkit-keyframes pulsate { 0% { opacity: 0.5; } 50% { opacity: 1.0; } 100% { opacity: 0.5; } } @media (min-width: 400px) { .container { width: 85%; padding: 0; } } @media (min-width: 800px) { .container { width: 90%; } .column, .columns { margin-left: 4%; } .column:first-child, .columns:first-child { margin-left: 0; } .one.column, .one.columns { width: 4.66666666667%; } .two.columns { width: 13.3333333333%; } .three.columns { width: 22%; } .four.columns { width: 30.6666666667%; } .five.columns { width: 39.3333333333%; } .six.columns { width: 48%; } .seven.columns { width: 56.6666666667%; } .eight.columns { width: 65.3333333333%; } .nine.columns { width: 74.0%; } .ten.columns { width: 82.6666666667%; } .eleven.columns { width: 91.3333333333%; } .twelve.columns { width: 100%; margin-left: 0; } .one-third.column { width: 30.6666666667%; } .two-thirds.column { width: 65.3333333333%; } .one-half.column { width: 48%; } .offset-by-one.column, .offset-by-one.columns { margin-left: 8.66666666667%; } .offset-by-two.column, .offset-by-two.columns { margin-left: 17.3333333333%; } .offset-by-three.column, .offset-by-three.columns { margin-left: 26%; } .offset-by-four.column, .offset-by-four.columns { margin-left: 34.6666666667%; } .offset-by-five.column, .offset-by-five.columns { margin-left: 43.3333333333%; } .offset-by-six.column, .offset-by-six.columns { margin-left: 52%; } .offset-by-seven.column, .offset-by-seven.columns { margin-left: 60.6666666667%; } .offset-by-eight.column, .offset-by-eight.columns { margin-left: 69.3333333333%; } .offset-by-nine.column, .offset-by-nine.columns { margin-left: 78.0%; } .offset-by-ten.column, .offset-by-ten.columns { margin-left: 86.6666666667%; } .offset-by-eleven.column, .offset-by-eleven.columns { margin-left: 95.3333333333%; } .offset-by-one-third.column, .offset-by-one-third.columns { margin-left: 34.6666666667%; } .offset-by-two-thirds.column, .offset-by-two-thirds.columns { margin-left: 69.3333333333%; } .offset-by-one-half.column, .offset-by-one-half.columns { margin-left: 52%; } } html { font-size: 62.5%; } body { font-size: 1.5em; line-height: 1.6; } h1, h2, h3, h4, h5, h6 { margin-top: 0; margin-bottom: 1.5rem; color: #5d646f; font-weight: 400; } h1 { font-size: 3.25rem; line-height: 1.2; letter-spacing: -0.1rem; font-weight: 300; } h2 { font-size: 2.5rem; line-height: 1.25; letter-spacing: -0.1rem; margin-bottom: 1.5rem; font-weight: 300; } h3 { font-size: 2.0rem; line-height: 1.3; letter-spacing: -0.1rem; margin-bottom: 1rem; } h4 { font-size: 1.8rem; line-height: 1.35; letter-spacing: -0.08rem; margin-bottom: 1rem; } h5 { font-size: 1.6rem; line-height: 1.5; letter-spacing: -0.05rem; margin-bottom: 1rem; } h6 { font-size: 1.2rem; line-height: 1.6; letter-spacing: 0; margin-bottom: 1rem; } p { margin-top: 0; margin-bottom: 0; } a.inline-link, a.inline-link:active, a.inline-link:visited { color: #00819E; } a.inline-link:hover { color: #00819E; } .u-full-width { width: 100%; box-sizing: border-box; } .u-max-full-width { max-width: 100%; box-sizing: border-box; } .u-pull-right { float: right; } .u-pull-left { float: left; } hr.divider { margin-top: 1.5rem; margin-bottom: 1.7rem; border-width: 0; border-style: solid; border-top-color: #d2dde5; border-top-width: 1px; height: 0; width: 100%; } .container:after, .row:after, .u-cf { content: ""; display: table; clear: both; } #main { display: none; padding-top: 0; } .header { background-color: #fff; border-bottom: 1px solid #0BB8E3; padding: 2.75rem 0; } .header h1 { color: #00819E; margin-bottom: 0; } .contract-header { color: #5d646f; } #contract-list { padding-top: 2.25rem; padding-bottom: 2rem; margin-bottom: 2rem; border-bottom: 1px solid #d2dde5; } #contract-list h4 { color: #5d646f; } #contract-list ul { list-style: none; margin-bottom: 0; } #contract-list ul li a { display: inline-block; text-decoration: none; padding: 0.5rem 1rem 0.5rem 0; } #contract-list ul li a:hover { color: #0873af; text-decoration: underline; } #contract-list ul li.active a, #contract-list ul li.active a:hover { font-weight: bold; color: #16354b; } .input-select { height: 38px; padding: 6px 10px; background-color: #fff; border: 1px solid #d2dde5; -webkit-border-radius: 3px; -moz-border-radius: 3px; border-radius: 3px; box-shadow: none; -webkit-box-sizing: border-box; -moz-box-sizing: border-box; box-sizing: border-box; } .input-select:focus { border: 1px solid #9bd1f6; outline: 0; } .select-version-label { display: block; } .select-version { max-width: 100%; width: 100%; margin-bottom: 1rem; } .select-language { float: left; clear: left; margin-bottom: 0; margin-top: 2rem; text-transform: capitalize; font-size: 0.85em; max-width: 100%; } .effective-date { float: left; margin-bottom: 0; padding-top: 0.5rem; font-size: 100%; } .version-download-link { font-size: 0.85em; margin: 0.65rem 0 1.25rem 0; float: left; clear: left; } .summary-of-changes { -moz-background-clip: padding; -webkit-background-clip: padding-box; background-clip: padding-box; padding: 1rem 2rem 1.5rem; } .summary-of-changes h5 { margin-bottom: 0.5rem; color: #8798a5; } .summary-of-changes p { margin-bottom: 0; } .table-of-contents { display: none; margin-top: 20px; counter-reset: section; } .table-of-contents h3 { color: #43474e; } .table-of-contents ol { display: inline-block; width: 45%; padding: 0 10px; margin-bottom: 0; box-sizing: border-box; vertical-align: top; } .table-of-contents ol li { color: #00819E; list-style-type: none; } .table-of-contents ol li:before { counter-increment: section; content: counter(section) ". "; margin-right: 4px; } .version-translation { padding-top: 0; } hr.footer-divider { margin-top: 4rem; margin-bottom: 0; } #footer { padding: 1.3rem 0 1.5rem; } #footer p { margin-top: 0; margin-bottom: 0.25rem; } #footer .powered-by, #footer .footer-copyright { display: block; text-align: center; font-size: 0.75em; } @media (min-width: 800px) { .header { padding: 3.15rem 0; } #main { padding-top: 40px; } #contract-list { padding-top: 0; padding-bottom: 0; margin-bottom: 0; border-bottom-width: 0; } #contract-list ul li a { display: block; padding: 0.5rem 0; } h1 { font-size: 3.25rem; } h2 { font-size: 3rem; margin-bottom: 1.5rem; } h3 { font-size: 2.0rem; } h4 { font-size: 2.0rem; } h5 { font-size: 1.6rem; } h6 { font-size: 1.4rem; } .select-version { max-width: 360px; } .version-download-link { float: right; clear: none; } #footer p { margin-bottom: 0; } #footer .powered-by { display: inline-block; float: left; } #footer .footer-copyright { display: inline-block; float: right; } } /* DOCUMENT STYLES */ .body h1, .body h2, .body h3, .body h4, .body h5, .body h6, .body p, .body blockquote, .body pre, .body a, .body abbr, .body address, .body cit, .body code, .body del, .body dfn, .body em, .body ins, .body q, .body samp, .body small, .body strong, .body sub, .body sup, .body b, .body i, .body hr, .body dl, .body dt, .body dd, .body ol, .body ul, .body li, .body fieldset, .body legend, .body label { border: initial; font-size: inherit; vertical-align: initial; margin: initial; padding: initial; } .body > div, .body h1, .body h2, .body h3, .body h4, .body h5, .body h6, .body p, .body ul, .body ol, .body li, .body table { position: relative; margin-top: 10px; margin-bottom: 10px; outline: 0; } .body table { border-collapse: collapse; border-spacing: initial; border: 1px solid #e2ebf2; width: 100%; } .body table caption, .body table th, .body table td { text-align: left; vertical-align: top; } .body table td { border: 1px solid #e2ebf2; padding: 10px; } .body a, .body a:focus, .body a:hover { cursor: pointer; text-decoration: initial; } .body ol { list-style-type: decimal; padding: 0 0 0 40px; list-style-position: outside; } .body ol > ol, .body ol > li > ol { list-style-type: lower-alpha; } .body ol > ol > ol, .body ol > li > ol > li > ol { list-style-type: lower-roman; } .body ul { list-style-type: disc; padding: 0 0 0 40px; list-style-position: outside; } .body ul > ul, .body ul > li > ul { list-style-type: circle; } .body ul > ul > ul, .body ul > li > ul > li > ul { list-style-type: square; } .body blockquote { padding: 0 40px; } .body p { font-size: 14px; } .body h1, .body h2, .body h3, .body h4, .body h5, .body h6 { font-weight: normal; } .body h1 { font-size: 32px; } .body h2 { font-size: 28px; } .body h3 { font-size: 24px; } .body h4 { font-size: 20px; } .body h5 { font-size: 18px; } .body h6 { font-size: 16px; } .body { color: #43474e; } .body .ps-section { position: relative; margin-top: 10px; margin-bottom: 10px; outline: 0; } .body .ps-section:first-of-type { margin-top: 0; } .body .ps-section:last-child { margin-bottom: 0; } .body .ps-section[data-section-type="1"] { font-size: 14px; } /* h1 - h6 */ .body .ps-section[data-section-type="2"] { font-weight: normal; } .body .ps-section[data-section-style="1"] { font-size: 32px; } .body .ps-section[data-section-style="2"] { font-size: 28px; } .body .ps-section[data-section-style="3"] { font-size: 24px; } .body .ps-section[data-section-style="4"] { font-size: 20px; } .body .ps-section[data-section-style="5"] { font-size: 18px; } .body .ps-section[data-section-style="6"] { font-size: 16px; } /* ul */ .body .ps-section[data-section-type="3"] { font-size: 14px; list-style-type: disc; padding: 0 0 0 40px; list-style-position: outside; } .body .ps-section[data-section-type="3"] > .ps-section[data-section-type="3"] { list-style-type: circle; } .body .ps-section[data-section-type="3"] > .ps-section[data-section-type="3"] > .ps-section[data-section-type="3"] { list-style-type: square; } /* ol */ .body .ps-section[data-section-type="4"] { font-size: 14px; list-style-type: decimal; padding: 0 0 0 40px; list-style-position: outside; } .body .ps-section[data-section-type="4"] > .ps-section[data-section-type="4"] { list-style-type: lower-alpha; } .body .ps-section[data-section-type="4"] > .ps-section[data-section-type="4"] > .ps-section[data-section-type="4"] { list-style-type: lower-roman; } .body .ps-section[data-section-type="4"] > li:before { display: none; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"] { list-style-type: none !important; counter-reset: item; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"] > li { display: block; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"] > li:before { display: inline; content: counters(item,".") ". "; counter-increment: item; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"][data-list-style-type="decimal"] > li:before { content: counters(item,".",decimal) ". "; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"][data-list-style-type="decimal-leading-zero"] > li:before { content: counters(item,".",decimal-leading-zero) ". "; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"][data-list-style-type="lower-roman"] > li:before { content: counters(item,".",lower-roman) ". "; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"][data-list-style-type="upper-roman"] > li:before { content: counters(item,".",upper-roman) ". "; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"][data-list-style-type="lower-alpha"] > li:before { content: counters(item,".",lower-alpha) ". "; } .body .ps-section[data-section-type="4"][data-indent-type="outline-format"][data-list-style-type="upper-alpha"] > li:before { content: counters(item,".",upper-alpha) ". "; } /* blockquote */ .body .ps-section[data-section-type="5"][data-indent-depth="1"] { padding: 0 0 0 40px; } .body .ps-section[data-section-type="5"][data-indent-depth="2"] { padding: 0 0 0 80px; } .body .ps-section[data-section-type="5"][data-indent-depth="3"] { padding: 0 0 0 120px; } .body .ps-section[data-section-type="5"][data-indent-depth="4"] { padding: 0 0 0 160px; } .body .ps-section[data-section-type="5"][data-indent-depth="5"] { padding: 0 0 0 200px; } .body .ps-section[data-section-type="5"][data-indent-depth="6"] { padding: 0 0 0 240px; } /* table */ .body .ps-section[data-section-type="6"] { display: table; border-collapse: collapse; border-spacing: initial; border: 1px solid #e2ebf2; width: 100%; } /* img */ .body .ps-section[data-section-type="7"] { } /* hr */ .body .ps-section[data-section-type="8"] { border-style: solid; border-width: 0px; border-top-width: 1px; border-color: #e2ebf2; } /* pre */ .body .ps-section[data-section-type="9"] { font-family: Menlo, Monaco, Consolas, "Courier New", monospace; font-size: inherit; white-space: normal; } /* Error Notification */ #notification-container { display: none; position: absolute; top: 10px; z-index: 21474830021; height: auto; width: 80%; margin: 0 10%; text-align: center; overflow: visible; font-size: 0; pointer-events: none; -webkit-backface-visibility: hidden; -moz-backface-visibility: hidden; -ms-backface-visibility: hidden; backface-visibility: hidden; -webkit-perspective: 1000px; -moz-perspective: 1000px; -ms-perspective: 1000px; perspective: 1000px; } .notification { display: inline-block; border-top: 0 solid transparent; border-bottom: 0 solid transparent; -webkit-border-radius: 3px; -moz-border-radius: 3px; border-radius: 3px; -webkit-background-clip: padding-box; -moz-background-clip: padding-box; background-clip: padding-box; padding: 0 50px 0; margin-left: auto; margin-right: auto; margin-bottom: 3px; overflow: visible; color: #fff; font-size: 14px; position: relative; width: auto; min-width: 150px; max-height: 150px; min-height: 54px; -webkit-box-shadow: 0 4px 9px rgba(6, 8, 8, 0.15); -moz-box-shadow: 0 4px 9px rgba(6, 8, 8, 0.15); box-shadow: 0 4px 9px rgba(6, 8, 8, 0.15); pointer-events: auto; -webkit-transform: translateY(0); -moz-transform: translateY(0); -o-transform: translateY(0); -ms-transform: translateY(0); transform: translateY(0); -ms-filter: 'progid:DXImageTransform.Microsoft.Alpha(Opacity=calc(100))'; -webkit-opacity: 1; -moz-opacity: 1; opacity: 1; visibility: visible; -webkit-transition: visibility 0ms linear 0ms, opacity 150ms ease-out, transform 150ms ease-out, max-height 150ms ease-out 0ms, min-height 150ms ease-out 0ms, margin-bottom 150ms ease-out 0ms; -moz-transition: visibility 0ms linear 0ms, opacity 150ms ease-out, transform 150ms ease-out, max-height 150ms ease-out 0ms, min-height 150ms ease-out 0ms, margin-bottom 150ms ease-out 0ms; -o-transition: visibility 0ms linear 0ms, opacity 150ms ease-out, transform 150ms ease-out, max-height 150ms ease-out 0ms, min-height 150ms ease-out 0ms, margin-bottom 150ms ease-out 0ms; -ms-transition: visibility 0ms linear 0ms, opacity 150ms ease-out, transform 150ms ease-out, max-height 150ms ease-out 0ms, min-height 150ms ease-out 0ms, margin-bottom 150ms ease-out 0ms; transition: visibility 0ms linear 0ms, opacity 150ms ease-out, transform 150ms ease-out, max-height 150ms ease-out 0ms, min-height 150ms ease-out 0ms, margin-bottom 150ms ease-out 0ms; -ms-filter: 'progid:DXImageTransform.Microsoft.Alpha(Opacity=calc(98))'; -webkit-opacity: 0.98; -moz-opacity: 0.98; opacity: 0.98; } .notification.notification-dismissable:after { content: 'Dismiss'; display: block; position: absolute; top: 0; left: 0; right: 0; bottom: 0; z-index: 2; background-color: inherit; -webkit-border-radius: 3px; -moz-border-radius: 3px; border-radius: 3px; -webkit-background-clip: padding-box; -moz-background-clip: padding-box; background-clip: padding-box; color: #fff; font-size: 14px; font-weight: 700; padding: 16px 0 17px; -ms-filter: 'progid:DXImageTransform.Microsoft.Alpha(Opacity=calc(0))'; -webkit-opacity: 0; -moz-opacity: 0; opacity: 0; visibility: hidden; -webkit-transition: visibility 0ms linear 150ms, z-index 0ms linear 150ms, opacity 150ms ease, max-height 150ms ease, transform 150ms ease; -moz-transition: visibility 0ms linear 150ms, z-index 0ms linear 150ms, opacity 150ms ease, max-height 150ms ease, transform 150ms ease; -o-transition: visibility 0ms linear 150ms, z-index 0ms linear 150ms, opacity 150ms ease, max-height 150ms ease, transform 150ms ease; -ms-transition: visibility 0ms linear 150ms, z-index 0ms linear 150ms, opacity 150ms ease, max-height 150ms ease, transform 150ms ease; transition: visibility 0ms linear 150ms, z-index 0ms linear 150ms, opacity 150ms ease, max-height 150ms ease, transform 150ms ease; } .notification.notification-dismissable:hover:after { cursor: pointer; -webkit-box-shadow: 0 2px 12px rgba(6, 8, 8, 0.18); -moz-box-shadow: 0 2px 12px rgba(6, 8, 8, 0.18); box-shadow: 0 2px 12px rgba(6, 8, 8, 0.18); -ms-filter: 'progid:DXImageTransform.Microsoft.Alpha(Opacity=calc(100))'; -webkit-opacity: 1; -moz-opacity: 1; opacity: 1; visibility: visible; -webkit-transition: visibility 0ms linear 0ms, z-index 0ms linear 0ms, opacity 150ms ease 0ms, max-height 150ms ease 0ms, transform 150ms ease 0ms; -moz-transition: visibility 0ms linear 0ms, z-index 0ms linear 0ms, opacity 150ms ease 0ms, max-height 150ms ease 0ms, transform 150ms ease 0ms; -o-transition: visibility 0ms linear 0ms, z-index 0ms linear 0ms, opacity 150ms ease 0ms, max-height 150ms ease 0ms, transform 150ms ease 0ms; -ms-transition: visibility 0ms linear 0ms, z-index 0ms linear 0ms, opacity 150ms ease 0ms, max-height 150ms ease 0ms, transform 150ms ease 0ms; transition: visibility 0ms linear 0ms, z-index 0ms linear 0ms, opacity 150ms ease 0ms, max-height 150ms ease 0ms, transform 150ms ease 0ms; } .notification-error { background-color: #d74b51; border-color: #bd4f57; color: #851e1c; } .notification .tbl { display: table; min-height: 54px; width: 100%; } .notification .cell { padding: 16px 0; vertical-align: middle; } .notification p { display: block; color: white; width: auto; margin: 0; } .pdf-fallback-container { display: none; background-color: lightgray; border-radius: 8px; text-align: center; padding: 8px 0; } .pdf-fallback-container a { float: none; display: block; } </style> <script></script> <script>var pdfDoc = null, _pageNum = 1, _pagesRendering = 0, _pageNumPending = null, _scale = 1.56, _scaleDown = (1.56 / 1.4), _vid = 0; var isIE = ((window.navigator.appName === 'Microsoft Internet Explorer') || ((window.navigator.appName === 'Netscape') && (new RegExp('Trident/.*rv:([0-9]{1,}[.0-9]{0,})').exec(window.navigator.userAgent) !== null))); var isIE10orLess = isIE && window.navigator.userAgent.indexOf("MSIE") != -1; var pdfFallback = false; var PDFJS = window['pdfjs-dist/build/pdf']; var PDFJSViewer = window['pdfjs-dist/web/pdf_viewer']; var isPreviewMode = false; function renderPDF(url) { if (isIE10orLess) return renderPDFFallback(); if (isIE || pdfFallback) return renderLegacyPDF(url); renderPDFViewer(url); } var _viewers = {}; function renderPDFViewer(url) { if (_viewers[_vid]) return _viewers[_vid].forceRendering(); var pdfLinkService = new PDFJSViewer.PDFLinkService({ externalLinkTarget: 2 }); var pdfFindController = new PDFJSViewer.PDFFindController({ linkService: pdfLinkService }); var container = document.getElementById('viewer-container-' + _vid); var pdfViewer = new PDFJSViewer.PDFViewer({ container: container, linkService: pdfLinkService, findController: pdfFindController }); pdfLinkService.setViewer(pdfViewer); _viewers[_vid] = pdfViewer; var loadingTask = PDFJS.getDocument({ url: url }); loadingTask.promise.then(function(pdfDocument) { pdfViewer.setDocument(pdfDocument); pdfLinkService.setDocument(pdfDocument, null); pdfViewer.eventBus.on('pagesinit', function() { var pdfBody = document.getElementsByClassName('js-body-'+ _vid); var pdfBodyWidth = pdfBody[0].offsetWidth; var page = pdfViewer.getPageView(0); var scale = (960 > pdfBodyWidth - 60 ? pdfBodyWidth - 60 : 960) / page.width; pdfViewer.currentScaleValue = scale; }); }); } function renderPDFFallback() { document.getElementById('pdf-fallback-download-container-' + _vid).style.display = 'block'; } /** * If another page rendering in progress, waits until the rendering is * finished. Otherwise, executes rendering immediately. */ function queueRenderPage(page_number) { if (_pagesRendering) { _pageNumPending = page_number; } else { document.getElementById('page_num-' + _vid).textContent = page_number; renderPage(page_number); } } /** * Displays previous page. */ function onPrevPage() { if (_pageNum <= 1) { return; } _pageNum--; queueRenderPage(_pageNum); } /** * Displays next page. */ function onNextPage() { if (_pageNum >= pdfDoc.numPages) { return; } _pageNum++; queueRenderPage(_pageNum); } /** * Get page info from document, resize canvas accordingly, and render page. * @param page_number Page number. */ function renderPage(page_number, zoomScale) { var canvas = document.getElementById('the-canvas-' + _vid), ctx = canvas.getContext('2d'), pdfBody = document.getElementsByClassName("js-body-"+ _vid), desiredWidth = pdfBody[0].offsetWidth; _pagesRendering += 1; // Using promise to fetch the page pdfDoc.getPage(page_number).then(function(page) { if(!zoomScale) { _scale = desiredWidth / page.getViewport({ scale: 1.0 }).width; _scaleDown = _scale / 1.4; } else _scale = zoomScale; var viewport = page.getViewport({ scale: _scale }); canvas.height = viewport.height; canvas.width = viewport.width; // Render PDF page into canvas context var renderContext = { canvasContext: ctx, viewport: viewport }; // Wait for rendering to finish var renderTask = page.render(renderContext); renderTask.promise.then(function() { _pagesRendering -= 1; // New page rendering is pending if (_pageNumPending !== null) { renderPage(_pageNumPending); _pageNumPending = null; } })['catch'](function(err) { // 'catch' is a reserved word in IE 8 and below console.error(err); }); })['catch'](function(err) { // 'catch' is a reserved word in IE 8 and below console.error(err); }); } function scalePDF(scale) { _scale = scale; _scaleDown = (scale / 1.4); if (pdfDoc) renderPage(_pageNum, _scale); } function zoomIn() { scalePDF(_scale + 0.1); } function zoomOut() { scalePDF(_scale - 0.1); } /** * Asynchronously downloads and renders the PDF. */ function renderLegacyPDF(url) { document.getElementById('legacy-viewer-container-' + _vid).style.display = 'block'; document.getElementById('next-'+ _vid).addEventListener('click', onNextPage); document.getElementById('prev-'+ _vid).addEventListener('click', onPrevPage); document.getElementById('zoom-in-'+ _vid).addEventListener('click', zoomIn); document.getElementById('zoom-out-'+ _vid).addEventListener('click', zoomOut); // Load PDF from server var loadingTask = PDFJS.getDocument({ url: url }); loadingTask.promise.then(function(pdfDoc_) { pdfDoc = pdfDoc_; document.getElementById('page_count-' + _vid).textContent = pdfDoc.numPages; document.getElementById('page_num-' + _vid).textContent = _pageNum; renderPage(_pageNum); })['catch'](function(err) { // 'catch' is a reserved word in IE 8 and below console.error(err); }); } function removePDFEventListeners() { pdfDoc = null; _pageNum = 1; _pagesRendering = 0; _pageNumPending = null; _scale = 1.56; _scaleDown = (1.56 / 1.4); if (isIE10orLess) return; // removeEventListener is IE9+ document.getElementById('next-'+ _vid).removeEventListener('click', onNextPage); document.getElementById('prev-'+ _vid).removeEventListener('click', onPrevPage); document.getElementById('zoom-in-'+ _vid).removeEventListener('click', zoomIn); document.getElementById('zoom-out-'+ _vid).removeEventListener('click', zoomOut); } function getQueryVariable(v) { var query = window.location.search.substring(1), vars = query.split('&'), val = null; for (var i = 0, l = vars.length; i < l; i++) { var pair = vars[i].split('='); if (decodeURIComponent(pair[0]) == v) { val = decodeURIComponent(pair[1]); break; } } return val; } (function() { var signer_id = getQueryVariable('sig'); var jur = getQueryVariable('jur'); var test_mode = getQueryVariable('tm'); (function(w,d,s,c,f,n,t,g,a,b,l){w['PactSafeObject']=n;w[n]=w[n]||function(){(w[n].q=w[n].q||[]).push(arguments)},w[n].on=function(){(w[n].e=w[n].e||[]).push(arguments)},w[n].once=function(){(w[n].eo=w[n].eo||[]).push(arguments)},w[n].off=function(){(w[n].o=w[n].o||[]).push(arguments)},w[n].t=1*new Date(),w[n].l=0;a=d.createElement(s);b=d.getElementsByTagName(s)[0];a.async=1;a.src=c;a.onload=a.onreadystatechange=function(){w[n].l=1};a.onerror=a.onabort=function(){w[n].l=0};b.parentNode.insertBefore(a,b);setTimeout(function(){if(!w[n].l&&!w[n].loaded){w[n].error=1;a=d.createElement(s);a.async=1;a.src=f;a.onload=a.onreadystatechange=function(){w[n].l=1};a.onerror=a.onabort=function(){w[n].l=0};b.parentNode.insertBefore(a,b);l=function(u,e){try{e=d.createElement('img');e.src='https://d3r8bdci515tjv.cloudfront.net/error.gif?t='+w[n].t+'&u='+encodeURIComponent(u);d.getElementsByTagName('body')[0].appendChild(e)}catch(x){}};l(c);setTimeout(function(){if(!w[n].l&&!w[n].loaded){w[n].error=1;if(g&&'function'==typeof g){g.call(this);}l(f)}},t)}},t)})(window,document,'script','https://vault.pactsafe.io/ps.min.js','//d3l1mqnl5xpsuc.cloudfront.net/ps.min.js','_ps',4000/*,function optionalErrorCallback() { alert('Unable to load the PactSafe JS Library.') }*/); _ps('create', "f2c54d1f-373d-4a51-b961-d1bea6d73ec5"); if (signer_id) { _ps('set', 'signer_id', signer_id); _ps('set', 'execution_method', 'clickthrough'); if (jur) _ps('set', 'jurisdiction', jur); if (test_mode) _ps('set', 'test_mode', test_mode === "true" || test_mode === "1"); var cids = ["459949", "459910", "459965", "459888", "459894", "459905", "459931", "459944", "459874", "459915", "459920"]; _ps('retrieve', cids); _ps.on('retrieved', renderOptInOut); } })(); function renderOptInOut(data) { for (var cid in data) { var con = document.getElementById('contract-versions-' + cid); if (con) { var vers = con.getElementsByClassName('version-container'); for (var i = 0; i < vers.length; i++) { var id = vers[i].id.split('-'); var vid = id[id.length - 1]; var label = document.getElementById('contract-id-' + cid + '-version-' + vid).getElementsByClassName('effective-date')[0]; if (label.nextSibling && label.nextSibling.className && label.nextSibling.className.indexOf('ps-action-button') > -1 ) label.parentNode.removeChild(label.nextSibling); var button = document.createElement('button'); button.className = "ps-action-button"; button.setAttribute('data-vid', vid); button.setAttribute('data-cid', cid); if (data[cid] == vid || data[cid] == true) { button.className += " opt-out"; label.parentNode.insertBefore(button, label.nextSibling); listenTo(button, 'click', sendAction); break; } else if ( i == 0 ) { button.className += " opt-in"; label.parentNode.insertBefore(button, label.nextSibling); listenTo(button, 'click', sendAction); } } } } } function sendAction(e) { if (!e || !e.target || !e.target.className || !_ps || isPreviewMode) return; var event = e.target.className.indexOf('opt-in') > -1 ? 'opted_in' : 'opted_out', vid = e.target.getAttribute('data-vid'), cid = e.target.getAttribute('data-cid'), gid = getQueryVariable('g'), data = {}; _ps('send', event, { contracts: [ cid ], versions: [ vid ], group: gid, event_callback: function() { data[cid] = event == 'opted_in' ? vid: false; renderOptInOut(data) } }); } function sendVisited(){ if (!_ps || isPreviewMode) return; var gid = getQueryVariable('g'), vids = getDisplayedVersions(); _ps('send', 'visited', { contracts: [_active_contract], versions: vids, group: gid }); } if (window.location.search.indexOf('?g=') > -1 || window.location.search.indexOf('&g=') > -1) window._loadingGroup = true; function getBrowserLocale() { return (window.navigator && (window.navigator.language || window.navigator.browserLanguage) || 'en-US'); } function listenTo(obj, eventName, callback, useCapture) { try { stopListening(obj, eventName, callback); obj.addEventListener ? obj.addEventListener(eventName, callback, !!useCapture) : obj.attachEvent && obj.attachEvent('on' + eventName, callback); } catch (err) { console.error(err); } } function stopListening(obj, eventName, callback) { try { obj.removeEventListener ? obj.removeEventListener(eventName, callback, !1) : obj.detachEvent && obj.detachEvent('on' + eventName, callback); } catch (err) { console.error(err); } } function hasClass(el, c) { var classArr = null, classStr = ''; c = '' + c; classArr = el.className.split(' '); return classArr.indexOf(c) !== -1; } function isString(str) { return void 0 != str && -1 < (str.constructor + "").indexOf("String"); } function parseHash(hash) { var arr, i, items, j, len, vars; hash = hash || window.location.hash; items = hash.replace('#', '').split('|'); vars = {}; for (j = 0, len = items.length; j < len; j++) { i = items[j]; arr = i.split(':'); if (arr.length === 1 && arr[0]) vars['key'] = arr[0]; else vars[arr[0]] = arr[1]; } return vars; } var _active_contract; // Polyfill needed for IE 8 and below // src: https://gist.github.com/eikes/2299607 if (!document.getElementsByClassName) { document.getElementsByClassName = function(search) { var d = document, elements, pattern, i, results = []; if (d.querySelectorAll) { // IE8 return d.querySelectorAll("." + search); } if (d.evaluate) { // IE6, IE7 pattern = ".//*[contains(concat(' ', @class, ' '), ' " + search + " ')]"; elements = d.evaluate(pattern, d, null, 0, null); while ((i = elements.iterateNext())) { results.push(i); } } else { elements = d.getElementsByTagName("*"); pattern = new RegExp("(^|\\s)" + search + "(\\s|$)"); for (i = 0; i < elements.length; i++) { if ( pattern.test(elements[i].className) ) { results.push(elements[i]); } } } return results; } Element.prototype.getElementsByClassName = document.getElementsByClassName; } /** * Closest is not supported in all browsers so we need to do a looping through the parent nodes * to find the parent with the certain class. And in order to do that there is a match function that happens * which also is not supported fully in all browswers so hence we have polyfills. * * Source: https://stackoverflow.com/questions/22119673/find-the-closest-ancestor-element-that-has-a-specific-class */ if (!Element.prototype.matches) { Element.prototype.matches = Element.prototype.matchesSelector || Element.prototype.mozMatchesSelector || Element.prototype.msMatchesSelector || Element.prototype.oMatchesSelector || Element.prototype.webkitMatchesSelector || function(s) { var matches = (this.document || this.ownerDocument).querySelectorAll(s), i = matches.length; while (--i >= 0 && matches.item(i) !== this) {} return i > -1; }; } function findAncestor(el, sel) { if (typeof el.closest === 'function') { return el.closest(sel) || null; } while (el) { if (el.matches(sel)) { return el; } el = el.parentElement; } return null; } function displayContract() { var params = parseHash(window.location.hash), key = getQueryVariable('k'), cid, con; if (key) cid = contractMap[k]; else { if (params['key']) params['a'] = contractMap[params['key']]; if (params['a']) cid = params['a']; } if (!cid) { var paragraphEl = document.getElementById(params['key']); if (paragraphEl) { var contractContainer = findAncestor(paragraphEl, '.contract-container'); if (contractContainer) cid = contractContainer.getAttribute('data-id'); } } if (cid) { con = document.getElementById('contract-id-' + cid); if (con) { var cons = document.getElementsByClassName('contract-container'); for (var i = 0, l = cons.length; i < l; i++) cons[i].style.display = 'none'; con.style.display = 'block'; _active_contract = cid; } var cl = document.getElementById('contract-list'); if (cl) { var cls = cl.getElementsByTagName('li'), active = document.getElementById('contract-nav-' + cid); if (active) { for (var i = 0, l = cls.length; i < l; i++) cls[i].removeAttribute('class'); active.parentElement.className = 'active'; } } } else { var cni = document.getElementsByClassName('contract-nav-link'); if (cni.length > 0) { cni[0].parentElement.className = 'active'; cid = cni[0].getAttribute('data-id'); con = document.getElementById('contract-id-' + cid); if (con) { con.style.display = 'block'; _active_contract = cid; } } } if(con && con.getAttribute('data-location') && !getQueryVariable('v')) { var sel = document.getElementById('select-version-' + _active_contract); if (sel) { var selectedElement = sel.getElementsByClassName(sel.value); displayVersion(selectedElement[0].getAttribute('data-version')); } else { var versionEl = document.querySelector('.contract-version-number[data-version-id="' + getDisplayedVersions()[0] + '"]'); if (versionEl) displayVersion(versionEl.getAttribute('data-version')); } } else if (getQueryVariable('v')) displayVersion(getQueryVariable('v')); sendVisited(); } function checkForAnchor() { var params = parseHash(window.location.hash); if (_active_contract) { var selectedElement = document.querySelectorAll('#contract-versions-' + _active_contract + ' #' + params['key']); if (selectedElement.length > 0) return; } displayContract(); } function displayGroup() { if (!window._loadingGroup) { document.getElementById('contracts-list-header').innerHTML = 'All Contracts'; document.getElementById('main').style.display = 'block'; } else { var gid = getQueryVariable('g'), groups = [], gi = document.getElementsByClassName('group-item'); for (var i = gi.length - 1; i >= 0; i--) { groups = (gi[i].getAttribute('data-groups') || '').split(','); if (groups.indexOf(gid) < 0) { if (hasClass(gi[i], 'contract-nav-link')) gi[i].parentElement.parentElement.removeChild(gi[i].parentElement); else gi[i].parentElement.removeChild(gi[i]); } } document.getElementById('main').style.display = 'block'; } } function getDisplayedVersions(){ var versions = []; if (!document.getElementById('contract-versions-' + _active_contract)) return; Array.prototype.slice.call(document.getElementById('contract-versions-' + _active_contract) .getElementsByClassName('version-container')) .filter(function(version){ return version.style.display != 'none'; }) .forEach(function(version){ versions.push(version.getAttribute('data-vid')); }); return versions; } function getDisplayedTranslations(vid){ var versionElements = []; if (!document.getElementById('version-languages-' + vid)) return; Array.prototype.slice.call(document.getElementById('version-languages-' + vid) .getElementsByClassName('version-translation')) .filter(function(version){ return version.style.display != 'none'; }) .forEach(function(version){ versionElements.push(version); }); return versionElements; } function displayTranslatedVersionTitle() { var displayedVersions = getDisplayedVersions(); if (!displayedVersions) return; var displayedVersion = displayedVersions[0]; var displayedTranslations = getDisplayedTranslations(displayedVersion); if (!displayedTranslations) return; var displayedTranslation = displayedTranslations[0]; var translatedTitle = displayedTranslation.getAttribute('data-title-translation'); var locale = displayedTranslation.getAttribute('data-locale'); var contractContainer = findAncestor(displayedTranslation, '.contract-container'); if (contractContainer) cid = contractContainer.getAttribute('data-id'); var title = document.querySelector('#contract-id-' + cid + ' .contract-header h2'); title.innerHTML = translatedTitle; var titleElement = document.getElementById('contract-nav-' + cid); titleElement.innerHTML = translatedTitle; } function displayTranslatedHeaderTitles(locale) { if (!locale) locale = getBrowserLocale().toLowerCase(); var locale_generic = locale.split('-')[0]; var contracts = Object.keys(contractMap); for (i=0; i < contracts.length; i++) { var contract = contractMap[contracts[i]] var versionsContainer = document.getElementById('contract-versions-' + contract); var selectedVersion = Array.prototype.slice.call(versionsContainer.children).filter(function(v) { return v.style.display != 'none'; })[0]; var versionLocale = selectedVersion.getElementsByClassName('version-locale-' + locale); if (versionLocale.length === 0) { if (locale === locale_generic) continue; versionLocale = selectedVersion.getElementsByClassName('version-locale-' + locale_generic); if (versionLocale.length === 0) continue; } var translatedTitle = versionLocale[0].getAttribute('data-title-translation'); var titleElement = document.getElementById('contract-nav-' + contract); titleElement.innerHTML = translatedTitle; var displayedTranslation = document.getElementById('version-' + selectedVersion.getAttribute('data-vid') + '-locale-' + locale); if (!displayedTranslation) continue; var title = document.querySelector('#contract-id-' + contract + ' .contract-header h2'); title.innerHTML = translatedTitle; } } function selectVersion(e) { if (e && e.target) { if (hasClass(e.target, 'select-version')) { var sel = e.target; var vs = document.getElementById('contract-' + sel.name), vb = vs ? vs.getElementsByClassName('version-container') : [], vc = document.getElementById(sel.value); for (var i = 0, l = vb.length; i < l; i++) vb[i].style.display = 'none'; if (vc) vc.style.display = 'block'; if(vc.getAttribute('data-location')) { if(_vid && vc.getAttribute('data-vid') != _vid) removePDFEventListeners(); _vid = vc.getAttribute('data-vid'); renderPDF(vc.getAttribute('data-location')); } sendVisited(); displayTranslatedVersionTitle(); } } } function displayVersion(vnum) { if (!vnum || !_active_contract) return; var requestedVersion = getQueryVariable('v'); var sel = document.getElementById('select-version-' + _active_contract); if (!sel && requestedVersion) { var versionEl = document.querySelector('.contract-version-number[data-version-id="' + getDisplayedVersions()[0] + '"]'); var displayedVersionNumber = versionEl ? versionEl.getAttribute('data-version') : null; if (displayedVersionNumber !== requestedVersion) { displayError('The terms you are trying to access have been updated, these are the most recent version terms available.'); } }; if (sel) { for (var i = 0, l = sel.options.length; i < l; i++) { if (sel.options[i].getAttribute('data-version') == vnum) { sel.selectedIndex = i; sel.options[i].selected = true; break; } } } var vs = sel ? document.getElementById('contract-' + sel.name) : null; var vb = vs ? vs.getElementsByClassName('version-container') : []; var vc = sel ? document.getElementById(sel.value) : document.querySelectorAll('[data-vid="' + getDisplayedVersions()[0] + '"]')[0]; for (var i = 0, l = vb.length; i < l; i++) vb[i].style.display = 'none'; if (vc) vc.style.display = 'block'; if(vc.getAttribute('data-location')) { if(_vid && vc.getAttribute('data-vid') != _vid) removePDFEventListeners(); _vid = vc.getAttribute('data-vid'); renderPDF(vc.getAttribute('data-location')); } } function selectTranslation(e) { if (e && e.target && e.target.id == 'select-language') { displayTranslation(e, e.target.value); displayTranslatedVersionTitle(); displayTranslatedHeaderTitles(e.target.value); } } function displayTranslation(e, locale) { if (!locale) locale = getBrowserLocale().toLowerCase(); var locale_generic = locale.split('-')[0]; var sel = document.getElementById('select-language'), version_containers = document.getElementsByClassName('version-translation-container'), version_translations, selected_translation, vt; if (!e && sel) { var found = false; for (var i = 0, l = sel.options.length; i < l; i++) { if (sel.options[i].value == locale) { found = true; sel.selectedIndex = i; sel.options[i].selected = true; break; } } if (!found) { for (var i = 0, l = sel.options.length; i < l; i++) { if (sel.options[i].value == locale_generic) { sel.selectedIndex = i; sel.options[i].selected = true; break; } } } } for (var i = 0, l = version_containers.length; i < l; i++) { version_translations = version_containers[i].getElementsByClassName('version-translation'); selected_translation = version_containers[i].getElementsByClassName('version-locale-' + locale); selected_translation = selected_translation.length > 0 ? selected_translation[0] : null; for (var ii = 0, ll = version_translations.length; ii < ll; ii++) version_translations[ii].style.display = 'none'; if (!selected_translation) { if (version_translations.length > 0) selected_translation = version_translations[0]; for (var ii = 0, ll = version_translations.length; ii < ll; ii++) { vt = version_translations[ii]; if (vt.getAttribute('data-locale') == locale_generic || vt.getAttribute('data-locale-gen') == locale_generic) { selected_translation = vt; break; } } } if (selected_translation) selected_translation.style.display = 'block'; } } function buildToC() { var vcs = document.getElementsByClassName('version-translation'), vc = null, toc = null, tocl = null, sections = null, sec = null, li = null, anc = null, half = null; for (var i = 0, l = vcs.length; i < l; i++) { vc = vcs[i]; sections = vc.getElementsByClassName('ps-section-title'); if (sections.length == 0) continue; half = (sections.length > 10 ? Math.ceil(sections.length / 2) : 5); toc = vc.getElementsByClassName('table-of-contents')[0]; tocl = toc.getElementsByClassName('table-of-contents-links')[0]; for (var ii = 0, ll = sections.length; ii < ll; ii++) { sec = sections[ii]; if (!sec.hasAttribute('id')) continue; if (ii == half) { tocl = document.createElement('ol'); tocl.setAttribute('class', 'table-of-contents-links'); toc.appendChild(tocl); } li = document.createElement('li'); anc = document.createElement('a'); anc.setAttribute('href', '#' + sec.getAttribute('id')); anc.setAttribute('data-section', sec.getAttribute('data-section')); anc.setAttribute('class', 'table-of-contents-link'); if (sec.hasAttribute('title')) anc.innerText = sec.getAttribute('title'); else anc.innerText = sec.innerText; li.appendChild(anc); tocl.appendChild(li); } if (tocl.childElementCount > 0) toc.style.display = 'block'; } } function initialLoad() { if (window._loaded) return; window._loaded = true; displayGroup(); listenTo(window, 'hashchange', checkForAnchor); listenTo(document, 'change', selectVersion); listenTo(document, 'change', selectTranslation); buildToC(); displayContract(); displayVersion(getQueryVariable('v')); displayTranslation(); displayTranslatedHeaderTitles(); } function attachReadyHandlers() { if (document.readyState === 'complete') return setTimeout(initialLoad, 1); if (document.addEventListener) { document.addEventListener('DOMContentLoaded', initialLoad, false); window.addEventListener('load', initialLoad, false); } else { document.attachEvent('onreadystatechange', function() { if (document.readyState === 'complete') initialLoad(); }); window.attachEvent('onload', initialLoad); } } function displayError(errorString) { document.getElementsByClassName('notification-label')[0].innerText = errorString; document.getElementById('notification-container').style.display = 'block'; document.getElementsByClassName('notification-dismissable')[0].addEventListener('click', dismissError); } function dismissError() { document.getElementById('notification-container').style.display = 'none'; document.getElementsByClassName('notification-dismissable')[0].removeEventListener('click', dismissError); } var contractMap = { "us-full-service-pro-agreement": "459949", "ca-full-service-pro-agreement": "459910", "gb-full-service-pro-agreement": "459965", "us-terms-of-use": "459888", "ca-terms-of-use": "459894", "gb-terms-of-use": "459905", "gb-privacy-policy": "459931", "us-privacy-policy": "459944", "gb-booking-terms": "459874", "cookies-policy": "459915", "do-not-sell-or-share-my-personal-information": "459920" }; attachReadyHandlers(); </script> </head> <body> <header class="header">  <div class="container"> <div class="row"> <div class="title"> <h1> <img class="brand-logo" alt="Logo alt text" src="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/assets/d6BxRfOkz.png" height="60px"><span class="legal-center-text logo" style="float: right; line-height: 60px;">Legal Center</span> </h1> </div> <div class="navigation"></div> </div> </div> </header> <div id="notification-container" class="page-container-full"> <div class="clear notification-clear"></div> <div class="alignc notification notification-error notification-dismissable"> <div class="tbl"> <div class="cell valignm"> <p><span class="notification-label">Error</span></p> </div> </div> </div> </div>  <main id="main" class="container"> <div class="row"> <div id="contract-list" class="three columns"> <h4 id="contracts-list-header" " style="display: none;">Contracts</h4> <ul> <li class="active"> <a href="#us-full-service-pro-agreement" id="contract-nav-459949" class="inline-link contract-nav-link group-item" data-id="459949" data-groups="">US Service Professional Agreement</a> </li> <li> <a href="#ca-full-service-pro-agreement" id="contract-nav-459910" class="inline-link contract-nav-link group-item" data-id="459910" data-groups="">CA Service Professional Agreement</a> </li> <li> <a href="#gb-full-service-pro-agreement" id="contract-nav-459965" class="inline-link contract-nav-link group-item" data-id="459965" data-groups="">GB Service Professional Agreement</a> </li> <li> <a href="#us-terms-of-use" id="contract-nav-459888" class="inline-link contract-nav-link group-item" data-id="459888" data-groups="">US Terms of Use</a> </li> <li> <a href="#ca-terms-of-use" id="contract-nav-459894" class="inline-link contract-nav-link group-item" data-id="459894" data-groups="">CA Terms of Use</a> </li> <li> <a href="#gb-terms-of-use" id="contract-nav-459905" class="inline-link contract-nav-link group-item" data-id="459905" data-groups="">GB Terms of Use</a> </li> <li> <a href="#gb-privacy-policy" id="contract-nav-459931" class="inline-link contract-nav-link group-item" data-id="459931" data-groups="">GB Privacy Policy</a> </li> <li> <a href="#us-privacy-policy" id="contract-nav-459944" class="inline-link contract-nav-link group-item" data-id="459944" data-groups="">US Privacy Policy</a> </li> <li> <a href="#gb-booking-terms" id="contract-nav-459874" class="inline-link contract-nav-link group-item" data-id="459874" data-groups="">GB Booking Terms</a> </li> <li> <a href="#cookies-policy" id="contract-nav-459915" class="inline-link contract-nav-link group-item" data-id="459915" data-groups="">Cookies Policy</a> </li> <li> <a href="#do-not-sell-or-share-my-personal-information" id="contract-nav-459920" class="inline-link contract-nav-link group-item" data-id="459920" data-groups="">Do Not Sell or Share My Personal Information</a> </li> </ul> </div> <div id="contract-body" class="nine columns">  <div id="contract-id-459949" class="contract-container group-item " data-id="459949" data-key="us-full-service-pro-agreement" data-groups="" style="display: block;"> <div class="contract-header"> <h2>US Service Professional Agreement</h2> <div class="row"> <div class="six columns" id="version-effective-date-459949"> <label for="select-version-459949" class="select-version select-version-label">Version</label> <select name="versions-459949" id="select-version-459949" class="select-version select-version-select input-select"> <option selected value="contract-id-459949-version-67195ae239daed969d1f5670" class="contract-id-459949-version-67195ae239daed969d1f5670" data-version="2.0">Version 2.0  (Current)</option> <option value="contract-id-459949-version-6578ad4d96e275e9683ad392" class="contract-id-459949-version-6578ad4d96e275e9683ad392" data-version="1.0">Version 1.0</option> </select> </div> </div> </div> <div id="contract-versions-459949"> <div id="contract-id-459949-version-67195ae239daed969d1f5670" data-vid="67195ae239daed969d1f5670" class="version-container js-version-container-459949 " style="display: block;"> <div id="version-languages-67195ae239daed969d1f5670" class="version-translation-container"> <div id="version-67195ae239daed969d1f5670-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="US Service Professional Agreement"> <div class="row"> <h5 class="effective-date" role="presentation">Effective October 23rd 2024</h5> <a id="download-version-67195ae239daed969d1f5670-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/67195ae239daed969d1f5670.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-67195ae239daed969d1f5670"> <div data-section-type="1" class="ps-section" data-id="S1LhFYvIp" data-time="1702496686204">HANDY TECHNOLOGIES, INC. <br />SERVICE PROFESSIONAL AGREEMENT <br />U.S. <br /><a href="#california_service_agreement"><u>Click here for California Service Professional Agreement</u></a></div><div data-section-type="1" class="ps-section" data-id="S1eIhtYw8a" data-time="1702496686204">This Service Professional Agreement (the Agreement) sets forth the terms and conditions whereby you, an independently-established home service provider fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed), qualified and customarily engaged in a trade, occupation and/or business to provide the services contemplated by this Agreement (the Service Professional), agree to provide certain services (as described on Schedule 1) via the web-based platform of Handy Technologies, Inc. doing business under the brand names “Angi Services” and “Handy”, a Delaware corporation, with a mailing address at 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, and its affiliates, parents, and subsidiaries (collectively, “Company”). You acknowledge that the services contemplated by this Agreement may be made available under (a) Company’s and its affiliates’ various brands, including but not limited to Handy, Angi, Angi Services, Angie’s List, and Home Advisor, and/or (b) the brands of Company’s contractual partners. Service Professional’s designated contact person, mailing address, phone number and email address is located on Service Professional’s account profile page and is incorporated herein by reference as if fully set forth herein. Service Professional is obligated to maintain this information and ensure it is current.</div><div data-section-type="1" class="ps-section" data-id="rybU2YFDUa" data-time="1702496686204">Service Professional agrees to download a copy of this Agreement from: <a href="https://www.handy.com/pro_terms"><u>www.handy.com/pro_terms</u></a></div><div data-section-type="1" class="ps-section" data-id="ByfI3YtD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1X83FYwI6" data-time="1702496686204"><strong> IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 12.2. </strong></div><div data-section-type="1" class="ps-section" data-id="H1EUhKKw8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyHIhYYDIa" data-time="1702496686204"><strong>1. GENERAL PROVISIONS</strong></div><div data-section-type="1" class="ps-section" data-id="ByUL2YFDI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkvI3FFwU6" data-time="1702496686204">1.1 <u>Background Statement.</u></div><div data-section-type="1" class="ps-section" data-id="SydU3tFwUT" data-time="1702496686204">Company is the creator of a technology platform that creates a marketplace to connect potential clients (Service Requesters) with fully-licensed (to the extent required by applicable law) and qualified professionals, such as Service Professional, in the business of providing home and/or office cleaning, handyperson services, plumbing services, electrical services, painting services, lawn care, home improvement and/or moving services (Services). Company provides a web-based and mobile application-based portal (the Platform) through which Service Requesters contract with Company and separately with the Service Professionals who provide Services to Service Requesters. Service Professional understands and intends that Service Professional will contract with and provide the services to Service Requesters strictly as an independently-owned and operated business enterprise, and not as an employee, worker, agent, joint venturer, partner or franchisee of Company or any Service Requester for any purpose.</div><div data-section-type="1" class="ps-section" data-id="HkY82YtP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="By582FtwUa" data-time="1702496686204">Company and Service Professional acknowledge and agree that the Services are outside the usual course of Company’s business and that the Services will be performed outside all of the places of Company’s business.</div><div data-section-type="1" class="ps-section" data-id="H1i8nKtDIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1nI3tFPUp" data-time="1702496686204">1.2 <u>The Platform and Terms of Use.</u></div><div data-section-type="1" class="ps-section" data-id="B1pL2YKv8a" data-time="1702496686204">Before receiving access to the Platform, Service Professional must also review and agree to the <a href="https://www.handy.com/terms">Terms of Use</a> of the Platform, which are incorporated herein by reference and which Service Professional acknowledges he/she has reviewed and accepted. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall control. From time to time, in their sole and complete discretion, Service Requesters will post jobs on the Platform, setting forth the nature of the Services required (the Jobs). Jobs posted will include a date, general neighborhood or geographic area where the Job will take place and time frame requested by the Service Requester (the Timeframe), and an estimate of time necessary to complete the work (the Estimated Work Time). Timeframes will be displayed on the Platform either as a specific time (i.e. 5:00 pm) or as a range (i.e., 2:00 pm to 5:00 pm). The Estimated Work Time will be displayed either as a specific time (i.e. 2 hours) or as a range (i.e., 2-3 hours). Service Professional acknowledges and agrees that s/he understands that claiming a Job creates a contractual relationship between Service Professional and Service Requester. Service Professional and Service Requester may negotiate the terms of their contract, including the Timeframe and Estimated Work Time, to be different than the terms first offered by the Service Requester through the Platform. Company does not guarantee any minimum number of jobs will be available to Service Professional at any point during the term of this Agreement. Subject only to the limitation set forth in Section 9.1, Service Professional is not obligated to review the Jobs posted or select any Jobs posted by any Service Requester at any time. Service Professional agrees that Service Professional's name, phone number and likeness may be provided or made available to Service Requester by or on behalf of Company after the Job is booked.</div><div data-section-type="1" class="ps-section" data-id="Bk0L2ttDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJke83Ktw8p" data-time="1702496686204">1.3 <u>Background Checks</u></div><div data-section-type="1" class="ps-section" data-id="B1elL2FFw8p" data-time="1702496686204">Before receiving access to the Platform, Service Professional must submit to and pass a background check through Company’s background check provider. After receiving access to the Platform, Company may from time-to-time, in its reasonable discretion and in accordance with applicable law, conduct additional background checks on Service Professional through Company’s background check provider. Company conducts background checks in accordance with applicable law.</div><div data-section-type="1" class="ps-section" data-id="ByWxI2YYP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryfg83FYDI6" data-time="1702496686204">1.4 <u>Registration Processing</u></div><div data-section-type="1" class="ps-section" data-id="rJ7e8nFFPUT" data-time="1702496686204">In select markets, Service Professional may be required to pay nonrefundable registration processing (Registration Processing Fee) in order to process Service Professional’s registration to use the Platform. Payment of the Registration Processing Fee does not guarantee a Service Professional access to or Jobs through the Platform.</div><div data-section-type="1" class="ps-section" data-id="rkExLnKKwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryHlU3FKwUT" data-time="1702496686204"><strong>2.<u>THE SERVICES</u></strong></div><div data-section-type="1" class="ps-section" data-id="SJUlI2KFPLa" data-time="1702496686204">Service Professional shall be eligible to book Jobs through the Platform requesting any Services that Service Professional is fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed) and qualified to provide as specified on Schedule 1 to this Agreement and as selected by the Service Professional during the sign-up process or during Service Professional’s use of the Platform. In those jurisdictions where a license, permit, or certification is required to perform the Services, Service Professional shall, upon reasonable request, provide proof to Company of all necessary licenses, permits and/or certifications before Service Professional provides any such Services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SJDgL3FFD8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkue83FFP8T" data-time="1702496686204">2.1 <u> Job Completion.</u></div><div data-section-type="1" class="ps-section" data-id="rkYeInKFD8T" data-time="1702496686204">Once Service Professional has accepted a Job, Service Professional is contractually obligated to complete the Job within the Timeframe specified by, and to the satisfaction of, the Service Requester. Repeated cancellations and/or rescheduled Jobs on short-notice by Service Professional may result in termination of this Agreement in accordance with Section 9. Additionally, at Company’s reasonable discretion, cancellation or rescheduling by the Service Professional or Service Professional’s failure to complete a Job to the satisfaction of Service Requester may result in liquidated damages being charged to Service Professional as described in Schedule 2. Service Professional may also be entitled to a fee or liquidated damages in the event a Service Requester cancels or reschedules a Job or fails to provide satisfactory details about their Job as described in Schedule 2. Modifications to Schedule 2 will be effective upon written notification to Service Professional and will supersede any and all prior versions.</div><div data-section-type="1" class="ps-section" data-id="Sk5gUntFv8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Skoe83FtwLa" data-time="1702496686204">Company is interested only in the results to be achieved by Service Professional: completion of each accepted Job in accordance with Service Requester's specifications as detailed by Service Requester, and as negotiated between Service Requester and Service Professional. Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement. Service Professional understands and agrees that Service Professional's failure to complete a Job in accordance with Service Requester's specifications detailed by Service Requester through the Platform constitutes a material breach of this Agreement and may result in liquidated damages as described in Schedule 2 and/or termination of this Agreement in accordance with Section 9, unless Service Professional cures the breach either through a reduced Service Fee or completion of the Job (without additional Service Fees being charged to the Service Requester) to the satisfaction of the Service Requester.</div><div data-section-type="1" class="ps-section" data-id="HJ2lU2KFwUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1TlL3YKDLp" data-time="1702496686204">By accepting this Agreement, Service Professional authorizes Company to withhold the amounts listed in Schedule 2 (where applicable) as payment of liquidated damages from Service Professional's Service Fees.</div><div data-section-type="1" class="ps-section" data-id="SJCe83YYDI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1J-LhKFwU6" data-time="1702496686204">2.2 <u>Service Requester Ratings.</u></div><div data-section-type="1" class="ps-section" data-id="rJxWLnFKD8T" data-time="1702496686204">Service Professional acknowledges that the Platform provides Job referral only to Service Professionals who maintain high standards of professionalism and quality of service. Service Professional acknowledges that Service Requester may rate and review a Service Professional at the end of every booking. To ensure that the Platform remains a reliable platform, Service Professional agrees to maintain a Service Requester rating at or above the minimum rating established by Company for access to the Platform, as modified from time to time. In the event a Service Professional's aggregate rating falls below the applicable minimum rating, Company reserves the right to deactivate the Service Professional's access to the Platform. Company agrees to provide Service Professional written notice of the minimum rating and any changes thereto.</div><div data-section-type="1" class="ps-section" data-id="B1W-UhFYPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Byz-L2FFPUa" data-time="1702496686204">2.3 <u>No Control.</u></div><div data-section-type="1" class="ps-section" data-id="S1Q-I3tFPLp" data-time="1702496686204">Service Professional shall be, at all times while this Agreement is in effect, both under the terms of this Agreement and in fact, free from Company's supervision, control and direction in the performance of the Services. Company shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professional performs the Services, the Jobs Service Professional selects, the tools and materials used by Service Professional to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professional in completing Jobs, or the manner in which Service Professional completes the Jobs. Company will not and has no right to, under any circumstances, require Service Professional to participate in training, nor does Company offer or provide training to Service Professional. Those provisions of the Agreement reserving ultimate authority in Company have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.</div><div data-section-type="1" class="ps-section" data-id="HkE-U3tFD86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJr-L3YYvUT" data-time="1702496686204">Service Professional is not obligated to personally perform the Services. Service Professional shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professional deems necessary and appropriate to complete the Services. Service Professional shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of same.</div><div data-section-type="1" class="ps-section" data-id="SyUZ83ttDLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1vZ8nKKwLa" data-time="1702496686204">Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professional, Service Professional shall require any such individuals to submit to a basic background check satisfactory to Company.</div><div data-section-type="1" class="ps-section" data-id="SJObLntFvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJYbL3tKDUp" data-time="1702496686204">Service Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required state and federal income tax withholdings, unemployment insurance, and social security taxes as to Service Professional and all persons engaged by Service Professional in the performance of the Services. Service Professional agrees that he/she is fully and solely responsible for filing, and shall file, an appropriate schedule of expenses and all other appropriate tax documents with the Internal Revenue Service in compliance with required filing periods. Service Professional shall be responsible for, and shall indemnify and hold Company harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="rJ9b82tFDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJoWLhFKPUa" data-time="1702496686204">To the extent required by applicable law, Service Professional agrees to maintain a separate set of books or records reflecting all items of income and expense associated with operating his or her business.</div><div data-section-type="1" class="ps-section" data-id="Sk2ZLnKYvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJ6-I2YYPU6" data-time="1702496686204">3. SERVICE FEES</div><div data-section-type="1" class="ps-section" data-id="ryAZU2YFP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sy1MI2KYwUT" data-time="1702496686204">3.1 <u>Service Fees.</u></div><div data-section-type="1" class="ps-section" data-id="H1gMU2FFDL6" data-time="1702496686204">Service Requester shall pay for completed Jobs through the Platform at the Prices agreed to by Service Requester at the time their Job is posted on the Platform, which shall be based on the stated parameters of the Job. Each Job made available to Service Professional on the Platform shall set forth the Timeframe, Estimated Work Time, details about the Service requested, and the estimated Service Fee the Service Professional shall be entitled to upon completion of the Job, as modified from time to time. The difference between the Price and Service Fee, if any, shall be the fee retained by Company for its referral service (Booking Fee).</div><div data-section-type="1" class="ps-section" data-id="B1ZGUnFtwLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1GMI3FtwU6" data-time="1702496686204">For purposes of New York City Local Law 140 only (to the extent applicable), the value of the services performed pursuant to this Agreement is equal to the net amount paid to Service Professional for each Job, after accounting for the pre-negotiated fees and/or platform costs (including the Booking Fee and any other fees).</div><div data-section-type="1" class="ps-section" data-id="SkQf83KFwUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1NGL3FYwLa" data-time="1702496686204">3.2 <u>Service Fee Payment.</u></div><div data-section-type="1" class="ps-section" data-id="HkBMI2FKvI6" data-time="1702496686204">Company will transmit payment to Service Professional, whether in Service Professional’s capacity as a sole proprietorship or other corporate entity, via direct deposit. So long as Service Professional has completed the steps necessary to set up a direct deposit account and provided those details to Company, Company shall then remit payment for each Job, less Company's Booking Fee and any other applicable fees within seven (7) business days following the day the Job was completed. Absent Service Professional's failure to complete the appropriate steps to arrange for payment by direct deposit, Company's failure to remit payment within seven (7) business days following the day the Job was completed shall constitute a material breach of this Agreement. For purposes of this Section 3.3, “remit” shall refer to Company’s initiation of a payment to Service Professional; provided that Company has initiated payment to Service Professional within seven (7) business days following the day the Job was completed, Company shall not be liable if the paid amount is not accessible by Service Professional within that time frame. Service Professional may request payment for a booking to be remitted sooner than as set forth above for a fee as set forth in through the Platform. Such fee will apply each time that the Service Professional requests a payment sooner than seven (7) business days following the day the Job was completed. If applicable, Company will report the payments paid to Service Professional under this Agreement by filing the appropriate Form 1099 with the Internal Revenue Service as required by law. Payment processing services for Service Professionals are provided by Stripe and are subject to the <u>Stripe Connected Account Agreement</u>, located at <a href="https://stripe.com/us/connect-account/legal">https://stripe.com/us/connect-account/legal</a>, which includes the <u>Stripe Terms of Service</u>, located at <a href="https://stripe.com/us/legal">https://stripe.com/us/legal</a> (collectively, the Stripe Services Agreement). By agreeing to this Agreement, Service Professional agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Company enabling payment processing services through Stripe, Service Professional agrees to provide Company accurate and complete information about Service Professional and Service Professional's business, and Service Professional authorizes Company to share it and transaction information related to Service Professional's use of the payment processing services provided by Stripe.</div><div data-section-type="1" class="ps-section" data-id="HyIzIhtFPUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJwzUhFFDI6" data-time="1702496686204">4. EQUIPMENT AND OPERATIONS</div><div data-section-type="1" class="ps-section" data-id="Byuz83KYP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJYM83YKPUa" data-time="1702496686204">4.1 <u>Compatible Mobile Device.</u></div><div data-section-type="1" class="ps-section" data-id="rJ9zL3KYvUp" data-time="1702496686204">Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must possess a smartphone equipped with access to the Platform (the Compatible Mobile Device).</div><div data-section-type="1" class="ps-section" data-id="SyiMInttPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r12z82YKwLT" data-time="1702496686204">4.2 <u>Pro Portal.</u></div><div data-section-type="1" class="ps-section" data-id="S1pfLhFFDLa" data-time="1702496686204">Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must download Company's Service Professional mobile application (the Pro Portal) onto the Compatible Mobile Device used by the Service Professional. If location services are enabled on a Service Professional’s Compatible Mobile Device, Company will collect the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device from the Pro Portal for a period of time starting 4 hours prior to the scheduled start of a Job and ending 2 hours following the scheduled end of a Job for the purpose of (i) providing support for the Service Professional and Service Requester to find each other and (ii) resolving disputes between the Service Professional and Service Requester about whether the Service Professional arrived for and/or completed the Job. For up to a 4 hour period prior to the scheduled start of a Job, Company may also share the Service Professional's Location Coordinates with the Service Requester for the same purposes. In addition, at any point, Company may collect the Location Coordinates of the Compatible Mobile Device on which the Pro Portal is installed for the purpose of notifying a Service Professional of Jobs that are posted on short notice by Service Requesters in the Service Professional's vicinity. Service Professional shall have no obligation to accept any Job offered in this manner. Company may also disclose the Service Professional's Location Coordinates and contact information as required by applicable law, to authorized service providers, or when Company believes that such disclosure is necessary to protect the rights, property, or safety of Company, Platform users, Service Requesters, or others. Company has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Service Professional provides the Services contemplated by this Agreement, or the frequency with which the Service Professional uses the Platform to book Jobs. Company retains Location Coordinates information for purposes of resolving disputes between the Service Professional and Service Requester about whether the Service Professional arrived for and/or completed the Job and retains de-identified Location Coordinates data indefinitely. By executing this Agreement, Service Professional agrees to the use and disclosure of Location Coordinates information as described above.</div><div data-section-type="1" class="ps-section" data-id="HyRfLnFKPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bky7U3YtPUp" data-time="1702496686204">4.3 <u>Costs of Operation.</u></div><div data-section-type="1" class="ps-section" data-id="H1lmInKKPUp" data-time="1702496686204">Service Professional is solely responsible for any costs or expenses incurred by Service Professional in connection with the operation of Service Professional’s business and the performance of the Services. Service Professional shall furnish and maintain, at Service Professional's own expense, the tools, equipment, supplies, and other materials used to perform the Services. Service Professional, at Service Professional's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.</div><div data-section-type="1" class="ps-section" data-id="SJ-QIhKFDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1G7U3KtDUT" data-time="1702496686204">4.4 <u>Company Apparel or Identification.</u></div><div data-section-type="1" class="ps-section" data-id="SJmmU2tKDUa" data-time="1702496686204">Service Professional will have no obligation to wear or display Company branded apparel, badge or other form of identification.</div><div data-section-type="1" class="ps-section" data-id="SJVQ83tYPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkH7I3KKwLa" data-time="1702496686204">4.5 <u>Use of Voice, Image and Likeness.</u></div><div data-section-type="1" class="ps-section" data-id="Bk8Q82YKDLT" data-time="1702496686204">Service Professional gives Company permission to use any and all of Service Professional's voice, image, likeness, and any ratings and reviews from Service Requesters about Service Professional, with or without using Service Professional's name, in connection with the products and/or services available through the Platform, for the purposes of advertising and promoting such products and/or services and/or the Platform itself, for the purposes of identifying Service Professional to Service Requester, except to the extent expressly prohibited by law. In addition to the foregoing, Service Professional may be required to submit an image for use by the Platform to facilitate identifying Service Professional with Service Requesters. Service Professional also represents and warrants the Service Professional owns the copyright of any image or likeness that the Service Professional provides to Company.</div><div data-section-type="1" class="ps-section" data-id="SkPm8ntYvIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJd7IntKPUa" data-time="1702496686204">4.6 <u>Call and SMS Data.</u></div><div data-section-type="1" class="ps-section" data-id="HytXU3YFwU6" data-time="1702496686204">Service Professional agrees to Company's use of a service provider to mask the Service Professional's phone number when the Service Professional calls or exchanges text (SMS) messages with the Service Requester. To facilitate this process, Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. Service Professional consents to the masking process described above and to Company's use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="Hy5QLhttDLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkiQI2FKDL6" data-time="1702496686204">Service Professional also consents to Company's sending text (SMS) messages directly to the Service Professional as described in the Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="S1hQInKYDLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJ678ntKwI6" data-time="1702496686204">5. RELATIONSHIP OF THE PARTIES</div><div data-section-type="1" class="ps-section" data-id="H1AXU3KYPIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJy4LhtFv8a" data-time="1702496686204">Service Professional is an independent contractor. Service Professional represents that he or she is customarily engaged in an independently established trade, occupation, profession and/or business offering the Services to the general public and/or Service Professional represents that he or she maintains a principal place of business in connection with Service Professional’s trade, occupation, profession and/or business that is eligible for a business deduction for federal income tax purposes. This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Service Professional and Company or any Service Requester for any purpose. Service Professional has no authority (and shall not hold himself or herself out as having authority) to bind Company and Service Professional shall not make any agreements or representations on Company's behalf without Company's prior written consent. Service Professional understands that Service Professional will not be eligible to participate in any benefit plans offered to Company's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Company to its employees. <strong>Company will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Service Professional's behalf</strong>. Service Professional shall be responsible for, and shall indemnify and hold Company harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="Skl4UnYKvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyW482YKwLp" data-time="1702496686204">6. REPRESENTATIONS AND WARRANTIES</div><div data-section-type="1" class="ps-section" data-id="ryMVIhFFv8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1XV8hKFDIT" data-time="1702496686204">Service Professional represents and warrants to Company that: (a) Service Professional has, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional have the legal right to provide the Services that are contemplated by this Agreement in the United States; (b) Service Professional is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are fully-licensed (to the extent required by applicable law) and authorized to provide the Services contemplated by this Agreement within the jurisdiction in which Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional intend to offer said Services, and have the required skill, experience, and qualifications to perform the Services; (c) Service Professional shall perform the Services in accordance with best industry standards for similar services and shall ensure that all assistants, helpers, subcontractors and other personnel used by the Service Professional in relation to the delivery of Services shall do likewise, including the completion of all Jobs referred to Service Professional that he/she opts to accept through the Platform; (d) Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional shall perform the Services in accordance with all applicable laws, rules and regulations; (e) Service Professional has the right to and does advertise and hold itself out to the public as available to provide the same or similar services as those provided under this Agreement; (f) Service Professional has the right to and does contract with other businesses to provide the same or similar services as those provided under this Agreement and maintains a clientele without restrictions from Company or the Service Requester; and (g) Service Professional maintains a business location that is separate from the business or work location of Company or the Service Requester.</div><div data-section-type="1" class="ps-section" data-id="B14EI3tYPI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJBNI3tFw8a" data-time="1702496686204">For Service Professionals performing the Services in Washington State, Service Professional shall, within a reasonable period of time after this Agreement is electronically signed, establish an account with the Department of Revenue and all other required state agencies, for the business Service Professional is conducting for the payment of all state taxes normally paid by employer and businesses. Service Professional further agrees, within a reasonable period of time after this Agreement is electronically signed, to register for and receive a unified business identifier number from Washington State.</div><div data-section-type="1" class="ps-section" data-id="HJL48nYtvLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJv48hYFwI6" data-time="1702496686204">Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="r1dEInYFw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJFVU2FFPU6" data-time="1702496686204">7. INDEMNIFICATION</div><div data-section-type="1" class="ps-section" data-id="HkqN8htFvUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkjVL3FYw8T" data-time="1702496686204">Service Professional shall defend, indemnify and hold harmless Company and its affiliates, parents, subsidiaries, and partners and their respective officers, directors, employees, agents, successors, and assigns and any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the Platform from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Service Professional's acts or omissions, which shall include any acts or omissions of any assistants, helpers, subcontractors or other personnel engaged by Service Professional; and (b) Service Professional's breach of any representation, warranty, or obligation under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SynELhKFwUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJ6VI3FtP8T" data-time="1702496686204">The Services that Service Professional provides pursuant to this Agreement are fully and entirely Service Professional's responsibility. Company is not responsible or liable for the actions or inactions of a Service Requester or other third party in relation to the Services provided by Service Professional. Service Professional understands, therefore, that by using the Platform, Service Professional will be introduced to third parties in relation to whom Company has not conducted any background or reference checking, that may be potentially dangerous, and that Service Professional uses the Platform at his/her own risk.</div><div data-section-type="1" class="ps-section" data-id="rkC4InKtD8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkkHLnFKPIT" data-time="1702496686204">8. INSURANCE</div><div data-section-type="1" class="ps-section" data-id="BygBLhKFvLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJZS8nFYvL6" data-time="1702496686204">It is the sole responsibility of the Service Professional to maintain in full force and effect commercial and general liability (in no case less than $1,000,000 per occurrence), adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to Handy, with policy limits sufficient to protect and indemnify Handy and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, parents, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Professional or Service Professional's assistants, agents, contractors, servants, or employees. Service Professional shall name Handy and its affiliates as additional insureds under the applicable policies and provide proof to Handy of such insurance before Service Professional provides any such services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HyzHU3tYwLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy7HLhKtvUa" data-time="1702496686204">9. TERM; TERMINATION</div><div data-section-type="1" class="ps-section" data-id="rk4H8htKvLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJSSUnFFD8T" data-time="1702496686204">9.1 <u>Term.</u></div><div data-section-type="1" class="ps-section" data-id="Sy8HInKKw8a" data-time="1702496686204">This Agreement shall be effective as of the date it is executed by Service Professional and shall remain in effect unless and until terminated as set forth in this Section 9 (the Term). Service Professional understands that Company may temporarily deactivate Service Professional's profile on Platform in the event that Service Professional is inactive on the Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Company shall reactivate Service Professional's profile upon request from Service Professional.</div><div data-section-type="1" class="ps-section" data-id="SJwHL3FtwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJ_rUnttwI6" data-time="1702496686204">The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Service Professional the right to choose when to make himself or herself available and each Job referred and accepted is treated as a separate service arrangement.</div><div data-section-type="1" class="ps-section" data-id="rkFBLnKYPLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkqHI2YtwIa" data-time="1702496686204">9.2 <u>Termination.</u></div><div data-section-type="1" class="ps-section" data-id="B1sBI3KFPI6" data-time="1702496686204">(a) Company and Service Professional may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Company's failure to timely remit Service Fees as described herein, Service Professional's repeated failure to complete a Job he or she has booked on the platform to the Service Requester’s satisfaction, Service Professional's failure to meet the applicable minimum rating, or if a Service Professional cancels or reschedules two (2) or more Jobs he or she has booked on less than 2 hours' notice prior to the applicable Job start time within any twenty-eight (28) day period.</div><div data-section-type="1" class="ps-section" data-id="ry2rU3ttw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk6rIhKKwUT" data-time="1702496686204">In the event there is a dispute whether Company or Service Professional materially breached the agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration, unless Service Professional exercises his/her right to opt out of arbitration, as described in Section 12.2, below.</div><div data-section-type="1" class="ps-section" data-id="SyRB82FtD8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1kLI3FFw8a" data-time="1702496686204">(b) In addition to the foregoing, Service Professional may terminate the Agreement for any reason upon fifteen (15) days' written notice.</div><div data-section-type="1" class="ps-section" data-id="r1eIU2YFDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyZL8nKFwI6" data-time="1702496686204">9.3 <u>Service Professional's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="H1fU8hFYD86" data-time="1702496686204">Upon termination of this Agreement for any reason, Service Professional shall: (a) complete any outstanding Jobs Service Professional has booked (the Outstanding Jobs) and (b) certify in writing to Company that Service Professional has complied with the requirements of this Section.</div><div data-section-type="1" class="ps-section" data-id="BkXIU2ttDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkVLUnYKPIT" data-time="1702496686204">9.4 <u>Company's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="r1rUInttv8p" data-time="1702496686204">Upon termination of this Agreement: (a) if the termination is effected by Company, Company shall immediately pay to Service Professional any outstanding earned Service Fees; or (b) if the termination is effected by Service Professional, Company shall pay to Service Professional any outstanding earned Service Fees within seven (7) business days. In either event, Company shall pay Service Fees for any Outstanding Jobs as soon as practicable after Service Professional has completed the Outstanding Jobs.</div><div data-section-type="1" class="ps-section" data-id="SyI8LnFtD86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1v8UnFYvUp" data-time="1702496686204">9.5 <u>Surviving Provisions.</u></div><div data-section-type="1" class="ps-section" data-id="B1_8LhtYDIT" data-time="1702496686204">The terms and conditions of this Section 9.5 and Sections 5, 6, 7, 9.3, 9.4, 10, 11, and 12 (including, but not limited to, Section 12.2) shall survive the expiration or termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SyYLU2tFPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r15LI3KYPL6" data-time="1702496686204">10. OTHER BUSINESS ACTIVITIES; NON-EXCLUSIVITY</div><div data-section-type="1" class="ps-section" data-id="HysI83YtwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkhLUntKvUT" data-time="1702496686204">Service Professional may be engaged or employed in any other business, trade, profession, or other activity, including providing Services to customers booked through means other than the Platform, including other web-based portals, smartphone applications, and/or platforms. Company has no obligation to utilize Service Professional under this Agreement and may use other providers to perform the same or similar services as those that may be performed by Service Professional under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HJTLInYtvUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ry0IL3FtDLa" data-time="1702496686204">11. ASSIGNMENT</div><div data-section-type="1" class="ps-section" data-id="HyyP8hKYD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SygPInKFvIa" data-time="1702496686204">Service Professional may not assign this Agreement, absent written authorization by Company. This provision shall not be construed as limiting Service Professional’s right to engage personnel to assist in the Services as set forth in this Agreement. Company may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="HJWDU2tKwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyfDUhtKDIa" data-time="1702496686204">12. DISPUTE RESOLUTION; GOVERNING LAW</div><div data-section-type="1" class="ps-section" data-id="H1Xw82FKvUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk4wU3KFPLa" data-time="1702496686204">12.1 <u>Informal Negotiations.</u></div><div data-section-type="1" class="ps-section" data-id="rJHDUhKYP86" data-time="1702496686204">To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Service Professional and Company, Service Professional and Company agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice of the dispute, controversy, or claim. Service Professional's address for such notices is the address provided by Service Professional to Company. Company's address for such notices is 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204.</div><div data-section-type="1" class="ps-section" data-id="r1IP8hYKvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkDvU3YFPLp" data-time="1702496686204">12.2 <u>Mutual Arbitration Provision.</u></div><div data-section-type="1" class="ps-section" data-id="Sy_v8hFFDIa" data-time="1702496686204">COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO THE RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE IN ARBITRATION, as set forth below. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall survive the termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HyKw8hFYwLa" data-time="1702496686204">Except as expressly provided below, this Mutual Arbitration Provision shall apply to any and all Claims (as defined below) between you and Company, including, but not limited to, any Company d/b/as, affiliates, subsidiaries, parents, successors and assigns and each of Company’s respective officers, directors, investors, insurers, employees, agents, or shareholders. This Mutual Arbitration Provision shall also apply to any and all disputes and/or claims between you and any third-party entity in any way involved in making available, arranging and/or facilitating the Services. The parties agree that the third-parties referenced in this paragraph are intended third-party beneficiaries of this Mutual Arbitration Provision. The parties agree that any disputes and/or claims regarding the application of this Mutual Arbitration Provision to any such third-parties referenced in this paragraph shall be resolved exclusively by an arbitrator. For avoidance of doubt, Service Requesters are not considered “third parties” for purposes of this paragraph.</div><div data-section-type="1" class="ps-section" data-id="Sy5vU3KtPIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sysv83YKvUT" data-time="1702496686204">EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES AND/OR CLAIMS BETWEEN YOU AND COMPANY SHALL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.</div><div data-section-type="1" class="ps-section" data-id="Sk3wU3YYvLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJpP82KYvLa" data-time="1702496686204">Disputes and claims covered by this Mutual Arbitration Provision include, but are not limited to, any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and any and all prior versions thereof (including the formation, breach, termination, enforcement, interpretation or validity thereof), the Service Professional's classification as an independent contractor, Service Professional’s provision of Services under this Agreement, the payments received by Service Professional for providing Services, Service Professional’s registration to use the Platform, disputes with any entity or individual arising out of or related to the use of the Platform, background checks, privacy, trade secrets, unfair competition, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, retaliation, discrimination or harassment and claims arising under the Fair Credit Reporting Act, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, state or local statutes or regulations addressing the same or similar subject matters, and all other aspects of the Service Professional's relationship with Company whether arising under federal, state or local statutory and/or common law. The parties further agree that this Mutual Arbitration Provision covers all claims or disputes between you and a third-party concerning the provision of any background check of you by a consumer reporting agency and claims or disputes between you and any other third-party entity involved in requesting or in any way involved in making available, arranging and/or facilitating the Services.</div><div data-section-type="1" class="ps-section" data-id="Sy0vU2KKDLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJyO8nFFPLp" data-time="1702496686204"><strong>Except as stated in Section 12.2(d), below, only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, validity, enforceability, conscionability, and/or formation of this Mutual Arbitration Provision.</strong></div><div data-section-type="1" class="ps-section" data-id="SklOInKFwIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sk-_83KtPLa" data-time="1702496686204">(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Service Professional must be delivered to: Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204.</div><div data-section-type="1" class="ps-section" data-id="BkMdI2ttw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJ7dU3tYP8T" data-time="1702496686204">(b) <strong><u>CLASS ACTION WAIVER-PLEASE READ.</u></strong> COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION AND/OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS ACTION AND/OR COLLECTIVE ACTION (CLASS ACTION WAIVER). COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BOTH ARE WAIVING THE RIGHT TO BRING, PURSUE OR HAVE A CLAIM OR DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.</div><div data-section-type="1" class="ps-section" data-id="rJEuLhtKPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1rd8nFKwUT" data-time="1702496686204">(c)<strong><u>REPRESENTATIVE ACTION WAIVER-PLEASE READ</u></strong> Company and Service Professional mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a representative action, and an arbitrator shall not have any authority to arbitrate a representative action ("Representative Action Waiver").</div><div data-section-type="1" class="ps-section" data-id="HJIOIhFtvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1D_8htFPU6" data-time="1702496686204">(d) Notwithstanding any other clause contained in this Agreement, this Mutual Arbitration Provision, or the AAA Rules, as defined below, any claim that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, invalid, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. As stated above, all other disputes regarding interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="Bydd8hYKDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJK_L3FKDI6" data-time="1702496686204">(e) Service Professional agrees and acknowledges that entering into this Mutual Arbitration Provision does not change Service Professional's status as an independent contractor in fact and in law, that Service Professional is not an employee of Company or any Service Requester and that any disputes in this regard shall be determined solely by an arbitrator and subject to final and binding arbitration as provided in this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="BJq_82tYDLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJsOLhtYP8T" data-time="1702496686204">(f) Unless Company and Service Professional otherwise mutually agree in a signed writing, the arbitration will be conducted in the county where Service Professional resides. If Service Professional’s claim does not exceed $10,000 (including attorneys' fees), then the arbitration will be conducted solely on the basis of documents Company and Service Professional submit to the arbitrator, unless Service Professional requests a hearing or the arbitrator determines that a hearing is necessary. Unless Company and Service Professional both waive the right to a hearing in writing, a hearing shall always be conducted if Service Professional’s claim exceeds $10,000 (including attorneys' fees).</div><div data-section-type="1" class="ps-section" data-id="rkhdLntFvLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hkp_8nFtwIT" data-time="1702496686204">The Arbitrator shall be selected by mutual agreement of Company and Service Professional. Unless Company and Service Professional mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted, and who has experience in the underlying subject matter. If the parties cannot agree on the Arbitrator, the selection of the Arbitrator shall be governed by the American Arbitration Association Consumer Arbitration Rules ("AAA Rules").</div><div data-section-type="1" class="ps-section" data-id="SkCOLhKtDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByJtIntFP86" data-time="1702496686204">Regardless of whether the Arbitrator is affiliated with the American Arbitration Association, the parties agree that any arbitration shall be governed by the AAA Consumer Arbitration Rules (including the AAA Consumer Arbitration Fee schedule) in effect at the time the arbitration is initiated, except as follows (unless and to the extent otherwise mutually agreed in writing by Company and Service Professional):</div><div data-section-type="1" class="ps-section" data-id="BJlKInFYDUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1bYIhYtP8a" data-time="1702496686204">(1) The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney or a retired federal or state judicial officer with experience in the law underlying the dispute;</div><div data-section-type="1" class="ps-section" data-id="HJzKUhFYw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1XKI2FFwIT" data-time="1702496686204">(2) The Arbitrator's fees shall be apportioned in accordance with applicable law as determined by the Arbitrator;</div><div data-section-type="1" class="ps-section" data-id="r1NFIhFFDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkBKIhKYPIa" data-time="1702496686204">(3) Unless applicable law requires otherwise, and notwithstanding anything to the contrary in the applicable AAA rules or fee schedule(s), Company and you shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings;</div><div data-section-type="1" class="ps-section" data-id="rk8Y8nFFw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1PtUnFFwIa" data-time="1702496686204">(4) The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes;</div><div data-section-type="1" class="ps-section" data-id="S1OY8hYtPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryFY8ntFwIT" data-time="1702496686204">(5) Except as provided in the Class Action Waiver and Representative Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable;</div><div data-section-type="1" class="ps-section" data-id="HycFI2tFwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rysYL2tFPIa" data-time="1702496686204">(6) The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions;</div><div data-section-type="1" class="ps-section" data-id="Sk2tU3tKvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJptL2FKPU6" data-time="1702496686204">(7) The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law;</div><div data-section-type="1" class="ps-section" data-id="ryAYU3YYvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1JcL3KKvI6" data-time="1702496686204">(8) Either Company or Service Professional may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 12.2 may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="H1lcUhFYvIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJ-9L2KYvIT" data-time="1702496686204">(g) Regardless of any other terms of this Agreement or Mutual Arbitration Provision, nothing prevents Service Professional from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 12.2, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any required conditions precedent and/or exhausting required administrative remedies under applicable law before bringing a claim in arbitration. Company will not retaliate against Service Professional for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.</div><div data-section-type="1" class="ps-section" data-id="rJzcI3tKD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk7cLhYFvIa" data-time="1702496686204">(h) The AAA Rules may be found at www.adr.org or by searching for AAA Consumer Arbitration Rules or by calling the AAA at 1-800-778-7879.</div><div data-section-type="1" class="ps-section" data-id="B1NcI2tKP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkS5LnttvUa" data-time="1702496686204">(i) <u>Service Professional’s Right to Opt Out of Arbitration</u>. Arbitration is not a mandatory condition of Service Professional’s contractual relationship with Company, and therefore Service Professional may submit a statement notifying Company that Service Professional wishes to opt out and not be subject to this Mutual Arbitration Provision. In order to opt out, Service Professional must notify Company of Service Professional’s intention to opt out by submitting to Company at Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, a signed and dated written notice stating that Service Professional is opting out of this Mutual Arbitration Provision. Service Professional also may opt out by sending an email to optout@angi.com stating Service Professional’s intention to opt out. In order to be effective, Service Professional’s opt out notice must be provided within 30 days of the date this Agreement is electronically signed by Service Professional ("Effective Date"). If Service Professional opts out as provided in this paragraph, Service Professional will not be subject to any adverse action from Company as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If Service Professional does not opt out within 30 days of the Effective Date of this Agreement, Service Professional and Company shall be deemed to have mutually and voluntarily agreed to this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="r1UcL2FFPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyPcLnYYDIT" data-time="1702496686204">Service Professional acknowledges and agrees that if Company modifies any provision of this Agreement other than any term of this Section 12.2, Service Professional will not have a renewed opportunity to opt out of arbitration.</div><div data-section-type="1" class="ps-section" data-id="SJu9U3FKvL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Byt9LhKKvL6" data-time="1702496686204">If, however, Company modifies this Mutual Arbitration Provision after the date you first agreed to this Agreement (or any subsequent changes to the Agreement), you may reject any such change to the Mutual Arbitration Provision by providing Company written notice of such rejection within 30 days of the date below. This written notice must be provided either (a) by Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, or (b) by email from the email address associated with your account to: <u>optout@angi.com</u>. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to the Mutual Arbitration Provision. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Company in accordance with the provisions of this Mutual Arbitration Provision as of the date you first agreed to this Agreement (or any subsequent changes to the Agreement).</div><div data-section-type="1" class="ps-section" data-id="Sk99LhFtwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJo9L2FKPI6" data-time="1702496686204">(j) <u>Right To Consult With A Lawyer:</u> Service Professional has the right to consult with private counsel of Service Professional's choice for independent legal advice with respect to any aspect of this Agreement or Mutual Arbitration Provision, or any claim that may be subject to this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="Hy2q8nKKPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1a5U2tFDU6" data-time="1702496686204">(k) In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, or representative general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Class Action Waiver and/or Representative Action Waiver is unenforceable, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.</div><div data-section-type="1" class="ps-section" data-id="ByCqI2KKP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk1jU3tKPLa" data-time="1702496686204">12.3 <u>Governing Law.</u></div><div data-section-type="1" class="ps-section" data-id="rygiLhKYPLp" data-time="1702496686204">Except for the Mutual Arbitration Provision set forth in Section 12.2, and except as may be prohibited by the law of the State in which Service Professional primarily works and resides, this Agreement shall be governed and interpreted pursuant to the laws of the state in which the Service Professional performs the majority of his or her services under the Agreement, notwithstanding any principles of conflicts of law. The Mutual Arbitration Provision set forth in Section 12.2 shall be enforced under the Federal Arbitration Act, or if it is deemed inapplicable for any reason, then under the laws of the State of Delaware, notwithstanding any principles of conflicts of law.</div><div data-section-type="1" class="ps-section" data-id="Hk-oU3YtPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJfjUhKFDLp" data-time="1702496686204">13. SERVICE REQUESTER PRIVACY</div><div data-section-type="1" class="ps-section" data-id="Hk7s8nKtvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B14iU2FKvLT" data-time="1702496686204">Service Professional understands that in performing the Services, he or she will receive certain private and/or confidential information regarding the Service Requesters and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon written consent by the Service Requester, Service Professional agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the Service Requesters, including addresses, telephone numbers and/or financial information. Service Professional further agrees not to engage in any activity which violates the privacy of any Service Requester, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Service Requester or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="S1HsU2Ftw86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1LsI3FYvU6" data-time="1702496686204">14. MODIFICATION</div><div data-section-type="1" class="ps-section" data-id="SJPoLhFYDLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1OsUntFwUp" data-time="1702496686204">Service Professional hereby expressly acknowledges and agrees that, by using or receiving access to the Platform, Service Professional and Company are bound by the then-current version of this Agreement, including any supplements to this Agreement or documents incorporated herein, including the Schedules below, except as stated in Section 12.2(i) with respect to a Service Professional’s right to opt-out of the arbitration. Service Professional shall be bound by modifications to this Agreement only upon Service Professional’s electronically signing any modifications or supplements.</div><div data-section-type="1" class="ps-section" data-id="BytjLnKtPI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJ9jI2YtwIa" data-time="1702496686204">15. DEFEND TRADE SECRETS ACT OF 2016</div><div data-section-type="1" class="ps-section" data-id="rJiiUhtFPLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy3o8nKYDUa" data-time="1702496686204">Service Professional acknowledges receipt of the following notice under 18 U.S.C § 1833(b)(1): An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.</div><div data-section-type="1" class="ps-section" data-id="r16oLhtKD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkRs8ntFDLa" data-time="1702496686204">16. MISCELLANEOUS</div><div data-section-type="1" class="ps-section" data-id="ryknU3KtDIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hkeh8htFD8p" data-time="1702496686204">All notices other than those required by Section 3.1 and Section 12, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or electronic mail (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). This Agreement, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement may be executed in multiple counterparts, including by facsimile or other electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.</div><div data-section-type="1" class="ps-section" data-id="Hk-hU3YKwIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1Gh82YFvUa" data-time="1702496686204">This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Company's website or the Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims, except as expressly set forth in Section 12.2.</div><div data-section-type="1" class="ps-section" data-id="HyX3U3tKv8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ry43InKKPLp" data-time="1702496686204">Service Professional acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Service Professional's own expense, prior to signing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJr3L3KYDUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJUhU2KKPUa" data-time="1702496686204">BY CHECKING THE BOX STATING I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT, YOU HEREBY AGREE TO THIS SERVICE PROFESSIONAL AGREEMENT AND AGREE TO ACT IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.</div><div data-section-type="1" class="ps-section" data-id="BkwhInKYwLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJd3LnttvU6" data-time="1702496686204">You understand that your electronic signature is as legally binding as a handwritten signature.</div><div data-section-type="1" class="ps-section" data-id="B1Y2IhKtwLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Syc3U3tYvIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hyo283KFDU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy22LnFtDLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1ahL2KFPLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyAhL2tFP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1168hYYwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJxpI2Ftv8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy-6IhtYwIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyMTIhtYvIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJXaU2FtPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hk4aI3FFP8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJB6U2ttwLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="By86L3FFPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJwTIhtKwLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="By_T82tYDI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJtaUhKtD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1568ntFvIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJiT83YFDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sk26U3KYwUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1TT8hYKPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryApL3YKw8T" data-time="1702496686204">SCHEDULE 1</div><div data-section-type="1" class="ps-section" data-id="ByyCUhtYvU6" data-time="1702496686204">Service Professional acknowledges he or she is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are licensed (to the extent required by applicable law), qualified and otherwise authorized to provide, among the Services listed below, only those Services selected by the Service Professional during the sign-up process or in the Pro Portal:</div><div data-section-type="1" class="ps-section" data-id="S1e0L3YKwIa" data-time="1702496686204">Home Cleaning</div><div data-section-type="1" class="ps-section" data-id="HJW0U3YFvL6" data-time="1702496686204">Furniture Assembly</div><div data-section-type="1" class="ps-section" data-id="S1M0I2YFDLa" data-time="1702496686204">Hanging Pictures and Shelves</div><div data-section-type="1" class="ps-section" data-id="Bk7CL2KtP8a" data-time="1702496686204">Mounting Televisions</div><div data-section-type="1" class="ps-section" data-id="BkV0I3tKDI6" data-time="1702496686204">Moving Help</div><div data-section-type="1" class="ps-section" data-id="ryB0I3tFDLa" data-time="1702496686204">Interior Painting</div><div data-section-type="1" class="ps-section" data-id="ByUAUnYtvLT" data-time="1702496686204">Drain Work</div><div data-section-type="1" class="ps-section" data-id="BJvAI2KFwUT" data-time="1702496686204">AC Work</div><div data-section-type="1" class="ps-section" data-id="ryOAInYYDLT" data-time="1702496686204">Other Handyman Work</div><div data-section-type="1" class="ps-section" data-id="HJKR82FYvLT" data-time="1702496686204">Window Treatments</div><div data-section-type="1" class="ps-section" data-id="S1cRInttP86" data-time="1702496686204">Garbage Disposal Work</div><div data-section-type="1" class="ps-section" data-id="ryiRLnKtvLT" data-time="1702496686204">Toilet Work</div><div data-section-type="1" class="ps-section" data-id="Hk208nKFDLa" data-time="1702496686204">Other Plumbing Work</div><div data-section-type="1" class="ps-section" data-id="rJTA8ntYvU6" data-time="1702496686204">Smart Home Installations</div><div data-section-type="1" class="ps-section" data-id="rkRA82FtPL6" data-time="1702496686204">Ceiling and Bath Fans - Electrical</div><div data-section-type="1" class="ps-section" data-id="SJJkgI3KKP8a" data-time="1702496686204">Light Fixtures - Electrical</div><div data-section-type="1" class="ps-section" data-id="B1e1eU2KFDLT" data-time="1702496686204">Outlets - Electrical</div><div data-section-type="1" class="ps-section" data-id="SkZ1gLhtKvUT" data-time="1702496686204">Other Electrical Work</div><div data-section-type="1" class="ps-section" data-id="BkzyeIhKKPUa" data-time="1702496686204">Lawn Care</div><div data-section-type="1" class="ps-section" data-id="r17Je83ttvL6" data-time="1702496686204">Other</div><div data-section-type="1" class="ps-section" data-id="SkEJxL2KFDIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyBke8ntYwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByIJeI3YtwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1PyxUnKFDI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk_1eUhYYwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1YkgL3FYPI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJqygUnFFDUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJi1x8ntYPUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B13klUnFtD8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1pyxI3YFw8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1AklLnFFvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk1ggI3tFvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HklxgL3FFD8T" data-time="1702496686204"> <br /></div><div id="schedule_2" data-section-type="1" class="ps-section" data-id="HJbxgI3FKvIp" data-time="1702496686204"><strong> SCHEDULE 2 - LIQUIDATED DAMAGES </strong> <strong> SERVICE FAILURE/CANCELLATION</strong></div><div data-section-type="1" class="ps-section" data-id="HyGelInFKwUp" data-time="1702496686204">ALL REGIONS*</div><div data-section-type="1" class="ps-section" data-id="rJQleInFtvUT" data-time="1702496686204"> <table border="1" cellpadding="0" cellspacing="0" class="ps-section" data-id="Hk4egU2KYv8T" data-time="1702496686204" data-section-type="6"> <colgroup> <col width="473"></col> <col width="165"></col> </colgroup> <tbody class="ps-section" data-id="rJBxxU3FYw8p" data-time="1702496686204"> <tr class="ps-section" data-id="H1LgeIntFP8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="r1vegL2YFDIa" data-time="1702496686204"> <div class="ps-section" data-id="BJOlg8hKtD8p" data-time="1702496686204" data-section-type="1">Failure to start Job at time specified by, or agreed with, Service Requester and Service Requester complains</div> </td> <td class="ps-section ps-parent" data-id="SyKgeI3tFvUp" data-time="1702496686204"> <div class="ps-section" data-id="S1qeeUntKPI6" data-time="1702496686204" data-section-type="1">Fee of $15</div> </td> </tr> <tr class="ps-section" data-id="HysggIhKtD8a" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="Hk2xlLnFFPIT" data-time="1702496686204"> <div class="ps-section" data-id="ryTeeLntYvUp" data-time="1702496686204" data-section-type="1">Service Professional leaves before Job is completed and before the scheduled time has elapsed and Service Requester complains</div> </td> <td class="ps-section ps-parent" data-id="r1CelUhFFPUa" data-time="1702496686204"> <div class="ps-section" data-id="rykbeL2ttwLT" data-time="1702496686204" data-section-type="1">Fee of $15.</div> </td> </tr> <tr class="ps-section" data-id="HJl-gU2KYDU6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BybWlInYtPLp" data-time="1702496686204"> <div class="ps-section" data-id="BkGWlUhFtPIT" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 48 hours' notice but with more than 24 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="S17WgInKYvUp" data-time="1702496686204"> <div class="ps-section" data-id="SkVZlU2FtDIa" data-time="1702496686204" data-section-type="1">Fee of $10</div> </td> </tr> <tr class="ps-section" data-id="HySbgL2KFwIp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BJIWxUhtFw8p" data-time="1702496686204"> <div class="ps-section" data-id="S1Pbe8ntKwIp" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 24 hours' notice but with more than 4 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="B1_-lU2FFvLa" data-time="1702496686204"> <div class="ps-section" data-id="BJKZlL2tYPIT" data-time="1702496686204" data-section-type="1">Fee of $20</div> </td> </tr> <tr class="ps-section" data-id="By9bxLhtYvUT" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="SJsZx83YYwUT" data-time="1702496686204"> <div class="ps-section" data-id="ry3be8nYYw8a" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 4 hours' notice prior to Job start time specified by, or agreed with, Service Requester and Service Requester complains to Handy</div> </td> <td class="ps-section ps-parent" data-id="rk6blI3ttP86" data-time="1702496686204"> <div class="ps-section" data-id="HyAWgIntYPUa" data-time="1702496686204" data-section-type="1">Fee of $40</div> </td> </tr> <tr class="ps-section" data-id="S11MlU2FKwIa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="r1gzgInKKv8p" data-time="1702496686204"> <div class="ps-section" data-id="HybMgUhKYPIT" data-time="1702496686204" data-section-type="1">Service Professional fails to appear for booked Job without notice to Service Requester and Company</div> </td> <td class="ps-section ps-parent" data-id="r1GflUhFKw8a" data-time="1702496686204"> <div class="ps-section" data-id="BJmGgIhYYD86" data-time="1702496686204" data-section-type="1">Fee of $50</div> </td> </tr> <tr class="ps-section" data-id="Hy4MgUhFYP8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="rkrGgUhFYvUa" data-time="1702496686204"> <div class="ps-section" data-id="rkUGxL2FKDIT" data-time="1702496686204" data-section-type="1">Service Professional requests payment remission ahead of standard schedule</div> </td> <td class="ps-section ps-parent" data-id="ByDfg8ntFPI6" data-time="1702496686204"> <div class="ps-section" data-id="SkOGeI3KFwUp" data-time="1702496686204" data-section-type="1">Fee of up to $5 per request</div> </td> </tr> <tr class="ps-section" data-id="H1FGgLntYvLa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HkcGlI3FKwUa" data-time="1702496686204"> <div class="ps-section" data-id="rJoGxU3FKPUp" data-time="1702496686204" data-section-type="1">Service Requester cancels or reschedules on less than 12 hours' notice but with more than 30 minutes' notice prior to Job start time. No payment if cancellation is a result of reported failure to appear for booked Job without notice</div> </td> <td class="ps-section ps-parent" data-id="Bk3zgU3FKDIa" data-time="1702496686204"> <div class="ps-section" data-id="rkpfeL2YYPLT" data-time="1702496686204" data-section-type="1">Payment of $15</div> </td> </tr> <tr class="ps-section" data-id="Hy0MgL2tFvLp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BJkQeInFKwUp" data-time="1702496686204"> <div class="ps-section" data-id="r1e7gI2YKP8p" data-time="1702496686204" data-section-type="1">Service Requester cancels or reschedules on less than 30 minutes' notice</div> </td> <td class="ps-section ps-parent" data-id="HJ-QxL2ttDIT" data-time="1702496686204"> <div class="ps-section" data-id="r1fmlIhYtv8T" data-time="1702496686204" data-section-type="1">Payment equal to the entire service fee for Job, up to 2 hours <strong>(up to 3 hours in California)</strong></div> </td> </tr> <tr class="ps-section" data-id="ry7QgU2FKDUa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="SJE7gL2YtDIp" data-time="1702496686204"> <div class="ps-section" data-id="SkBmeI3FKDUa" data-time="1702496686204" data-section-type="1">Inability to perform services not attributable to a no-show or cancellation (e.g. Service Professional had difficulty opening lock with key provided, location of Job had unsafe working conditions, Job was not accurately described by Service Requester, etc.)</div> </td> <td class="ps-section ps-parent" data-id="S1UQe8hFKDLT" data-time="1702496686204"> <div class="ps-section" data-id="H1DXeU3FYDI6" data-time="1702496686204" data-section-type="1">Payment of $15</div> </td> </tr> <tr class="ps-section" data-id="SJumxLhtFDI6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HkKXeLhtKwLp" data-time="1702496686204"> <div class="ps-section" data-id="HkqXe8nKKv8a" data-time="1702496686204" data-section-type="1">Damage and/or loss of a Service Requester’s items or property</div> </td> <td class="ps-section ps-parent" data-id="B1sQeUhFYPLT" data-time="1702496686204"> <div class="ps-section" data-id="H1h7l83tKwIp" data-time="1702496686204" data-section-type="1">Fee of $5 based on the loss or as otherwise negotiated.</div> </td> </tr> <tr class="ps-section" data-id="Sy6mlU3YYw8a" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="ByRQl83tKwU6" data-time="1702496686204"> <div class="ps-section" data-id="BJJVg83tYwLT" data-time="1702496686204" data-section-type="1">Failure to return Service Requester’s key</div> </td> <td class="ps-section ps-parent" data-id="B1xElUhKFwIp" data-time="1702496686204"> <div class="ps-section" data-id="HJ-4xLhtFPL6" data-time="1702496686204" data-section-type="1">Fee of $100 based on the loss or as otherwise negotiated.</div> </td> </tr> </tbody> </table></div><div data-section-type="1" class="ps-section" data-id="HyPNl83FFD8p" data-time="1702496686204">* The above-referenced fee amounts are intended to act as default fees only, in the event Service Professional and Service Requester or, separately, Service Professional and Company do not negotiate a different amount.</div><div data-section-type="1" class="ps-section" data-id="Bku4e8nFFPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJF4xLnKFPL6" data-time="1702496686204"> <br /></div><div id="california_service_agreement" data-section-type="2" data-section-style="2" class="ps-section" data-id="rk9VlInKFPIp" data-time="1702496686204">FOR CALIFORNIA SERVICE PROFESSIONALS ONLY</div><div data-section-type="1" class="ps-section" data-id="SkjVgUnFtPIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S13VgLhFYPUT" data-time="1702496686204"><strong>Service Professional Agreement</strong></div><div data-section-type="1" class="ps-section" data-id="ByTNg8hYYD86" data-time="1702496686204"><strong>HANDY TECHNOLOGIES, INC.</strong> <br /><strong>SERVICE PROFESSIONAL AGREEMENT</strong> <br /><strong>FOR CALIFORNIA SERVICE PROFESSIONALS ONLY</strong></div><div data-section-type="1" class="ps-section" data-id="r10VgInYYPL6" data-time="1702496686204">This Service Professional Agreement (the Agreement) sets forth the terms and conditions whereby you, an independently-established home service provider fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed), qualified and customarily engaged in a trade, occupation and/or business to provide the services contemplated by this Agreement (the Service Professional), agree to provide certain services (as described on Schedule 1) via the web-based platform of Handy Technologies, Inc. doing business under the brand names “Angi Services” and “Handy”, a Delaware corporation, with a mailing address at 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, and its affiliates, parents, and subsidiaries (collectively, “Company”). You acknowledge that the services contemplated by this Agreement may be made available under (a) Company’s and its affiliates’ various brands, including but not limited to Handy, Angi, Angi Services, Angie’s List, and Home Advisor, and/or (b) the brands of Company’s contractual partners. Service Professional’s designated contact person, mailing address, phone number and email address is located on Service Professional’s account profile page and is incorporated herein by reference as if fully set forth herein. Service Professional is obligated to maintain this information and ensure it is current.</div><div data-section-type="1" class="ps-section" data-id="BkyreL2FFDIT" data-time="1702496686204">Service Professional agrees to download a copy of this Agreement from: <a href="https://www.handy.com/pro_terms"><u>www.handy.com/pro_terms</u></a></div><div data-section-type="1" class="ps-section" data-id="S1lHlU3tKwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkbre83YKw86" data-time="1702496686204"><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 12.2.</strong></div><div data-section-type="1" class="ps-section" data-id="rJMSe83tFwIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B17SxInKtDLa" data-time="1702496686204"><strong>1. GENERAL PROVISIONS</strong></div><div data-section-type="1" class="ps-section" data-id="S14BlI3KKwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1SrlLhYFw8a" data-time="1702496686204">1.1 <u>Background Statement.</u></div><div data-section-type="1" class="ps-section" data-id="SyUHgInKYvLa" data-time="1702496686204">Company is the creator of a technology platform that creates a marketplace to connect potential clients (Service Requesters) with fully-licensed (to the extent required by applicable law) and qualified professionals, such as Service Professional, in the business of providing home and/or office cleaning, handyperson services, plumbing services, electrical services, painting services, lawn care, home improvement and/or moving services (Services). Company provides a web-based and mobile application-based portal (the Platform) through which Service Requesters contract with Company and separately with the Service Professionals who provide Services to Service Requesters. Service Professional understands and intends that Service Professional will contract with and provide the services to Service Requesters strictly as an independently-owned and operated business enterprise, and not as an employee, worker, agent, joint venturer, partner or franchisee of Company or any Service Requester for any purpose.</div><div data-section-type="1" class="ps-section" data-id="SyvreI3FKD86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByOrlL3FFvUp" data-time="1702496686204">Company and Service Professional acknowledge and agree that the Services are outside the usual course of Company’s business and that the Services will be performed outside all of the places of Company’s business.</div><div data-section-type="1" class="ps-section" data-id="HJKBgUhKYvIa" data-time="1702496686204">1.2 <u>The Platform and Terms of Use.</u></div><div data-section-type="1" class="ps-section" data-id="By9HxLhKKwUp" data-time="1702496686204">Before receiving access to the Platform, Service Professional must also review and agree to the <a href="https://www.handy.com/terms">Terms of Use</a> of the Platform, which are incorporated herein by reference and which Service Professional acknowledges he/she has reviewed and accepted. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall control. From time to time, in their sole and complete discretion, Service Requesters will post jobs on the Platform, setting forth the nature of the Services required (the Jobs). Jobs posted will include a requested date, the general neighborhood or geographic area where the Job will take place, a time frame requested by the Service Requester (the Timeframe), and an estimate of time necessary to complete the work (the Estimated Work Time). Timeframes will be displayed on the Platform either as a specific time (i.e. 5:00 pm) or as a range (i.e., 2:00 pm to 5:00 pm). The Estimated Work Time will be displayed either as a specific time (i.e. 2 hours) or as a range (i.e., 2-3 hours). Service Professional acknowledges and agrees that s/he understands that after claiming a Job, s/he will have a negotiation period in which to discuss any aspect of the Job with the Service Requestor and to decline the Job without penalty (the Negotiation Period). There is no contractual relationship between Service Professional and Service Requestor during the Negotiation Period. If a claimed Job is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Service Requester. Service Professional and Service Requester may negotiate the terms of their contract, including the Timeframe, Estimated Work Time and Additional Payments, to be different than the base terms first set through the Platform. Company does not guarantee any minimum number of jobs will be available to Service Professional at any point during the term of this Agreement. Subject only to the limitation set forth in Section 9.1, Service Professional is not obligated to review the Jobs posted or select any Jobs posted by any Service Requester at any time. Service Professional agrees that Service Professional's name, phone number and likeness may be provided or made available to Service Requester by or on behalf of Company after the Job is booked.</div><div data-section-type="1" class="ps-section" data-id="BysSeIhFtP8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rk2BeInFFvIa" data-time="1702496686204">1.3 <u>Background Checks</u></div><div data-section-type="1" class="ps-section" data-id="BJpHxLhFKwUa" data-time="1702496686204">Before receiving access to the Platform, Service Professional must submit to and pass a background check through Company’s background check provider. After receiving access to the Platform, Company may from time-to-time, in its reasonable discretion and in accordance with applicable law, conduct additional background checks on Service Professional through Company’s background check provider. Company conducts background checks in accordance with applicable law.</div><div data-section-type="1" class="ps-section" data-id="BJAHx8hFtDLa" data-time="1702496686204">1.4 <u>Registration Processing</u></div><div data-section-type="1" class="ps-section" data-id="ryJ8eIhFKD8T" data-time="1702496686204">In select markets, Service Professional may be required to pay nonrefundable registration processing (Registration Processing Fee) in order to process Service Professional’s registration to use the Platform. Payment of the Registration Processing Fee does not guarantee a Service Professional access to or Jobs through the Platform.</div><div data-section-type="1" class="ps-section" data-id="HkeUeLhKYDIT" data-time="1702496686204"><strong>2.<u>THE SERVICES</u></strong></div><div data-section-type="1" class="ps-section" data-id="Byb8x8nKKPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkMIlI2YYw86" data-time="1702496686204">Service Professional shall be eligible to book Jobs through the Platform requesting any Services that Service Professional is fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed) and qualified to provide as specified on Schedule 1 to this Agreement and as selected by the Service Professional during the sign-up process or during Service Professional’s use of the Platform. In those jurisdictions where a license, permit, or certification is required to perform the Services, Service Professional shall, upon reasonable request, provide proof to Company of all necessary licenses, permits and/or certifications before Service Professional provides any such Services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="rJmIlLhttwLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="By48e83KtwIa" data-time="1702496686204">2.1 <u> Job Completion.</u></div><div data-section-type="1" class="ps-section" data-id="S1H8gL3FtwUp" data-time="1702496686204">Once Service Professional has booked and is contractually bound to a Job, Service Professional is contractually obligated to either complete the Job or work on the Job for the full Estimated Work Time specified by (or negotiated with) the Service Requester, whichever comes first. Repeated cancellations and/or repeated rescheduled Jobs on short-notice by Service Professional without Service Requester’s approval may result in termination of this Agreement in accordance with Section 9. Additionally, at Company’s reasonable discretion, cancellation or rescheduling by the Service Professional or Service Professional’s failure to complete a Job to the satisfaction of Service Requester may result in liquidated damages being charged to Service Professional as described in Schedule 2. Service Professional may also be entitled to a fee or liquidated damages in the event a Service Requester cancels or reschedules a Job or fails to provide satisfactory details about their Job as described in Schedule 2. Modifications to Schedule 2 will be effective upon written notification to Service Professional and will supersede any and all prior versions.</div><div data-section-type="1" class="ps-section" data-id="HkIIlU2tYPLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BywIx83KYPLp" data-time="1702496686204">Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement. Service Professional understands and agrees that Service Professional's failure to complete a Job in accordance with Service Requester's specifications detailed by or agreed with Service Requester constitutes a material breach of this Agreement. That breach may result in liquidated damages as described in Schedule 2 and/or termination of this Agreement in accordance with Section 9, unless Service Professional cures the breach either through a reduced Service Fee or completion of the Job (without additional Service Fees being charged to the Service Requester) to the satisfaction of the Service Requester. Service Professional further understands and agrees that failing to arrive at a job as specified by or agreed to with the Service Requester, without notice to Service Requester and Company, will result in Company sending a message to Service Professional asking whether Service Professional intends to keep Service Professional’s upcoming jobs. Service Professional further understands and agrees that failure to respond to Company may result in the withdrawal of upcoming referrals. Service Professional agrees that Company may refer such jobs to other service professionals. If Service Professional directly arranges with Service Requester to perform a job for which the referral was withdrawn, Service Professional will promptly notify Company of this fact.</div><div data-section-type="1" class="ps-section" data-id="HJuIlI3FYPI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyFIgL3YFv8a" data-time="1702496686204">By accepting this Agreement, Service Professional authorizes Company to withhold the amounts listed in Schedule 2 (where applicable) as payment of liquidated damages from Service Professional's Service Fees</div><div data-section-type="1" class="ps-section" data-id="Skc8lL3YFwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1iLe83YFwI6" data-time="1702496686204">2.2 <u>Service Requester Ratings.</u></div><div data-section-type="1" class="ps-section" data-id="Hkh8eI3ttwL6" data-time="1702496686204">Service Professional acknowledges that the Platform provides Job referral only to Service Professionals who maintain high standards of professionalism and quality of service. Service Professional acknowledges that Service Requester may rate and review a Service Professional at the end of every booking. To ensure that the Platform remains a reliable platform, Service Professional agrees to maintain a Service Requester rating at or above the minimum rating established by Company for access to the Platform, as modified from time to time. In the event a Service Professional's aggregate rating falls below the applicable minimum rating, Company reserves the right to deactivate the Service Professional's access to the Platform. Company agrees to provide Service Professional written notice of the minimum rating and any changes thereto.</div><div data-section-type="1" class="ps-section" data-id="BkaIlL2YKP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1CLe8hYFDIa" data-time="1702496686204">2.3 <u>No Control.</u></div><div data-section-type="1" class="ps-section" data-id="BJ1PeL2FYDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyewlL3FFwUT" data-time="1702496686204">Service Professional shall be, at all times while this Agreement is in effect, both under the terms of this Agreement and in fact, free from Company's supervision, control and direction in the performance of the Services. Company shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professional performs the Services, the Jobs Service Professional selects, the tools and materials used by Service Professional to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professional in completing Jobs, or the manner in which Service Professional completes the Jobs. Company will not and has no right to, under any circumstances, require Service Professional to participate in training, nor does Company offer or provide training to Service Professional. Those provisions of the Agreement reserving ultimate authority in Company have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.</div><div data-section-type="1" class="ps-section" data-id="rk-PxU2KKv8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1zwlI2KYDIa" data-time="1702496686204">Service Professional is not obligated to personally perform the Services. Service Professional shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professional deems necessary and appropriate to complete the Services. Service Professional shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of same.</div><div data-section-type="1" class="ps-section" data-id="HyXPlU3Ktw8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1VwlI3KFvLp" data-time="1702496686204">Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professional, Service Professional shall require any such individuals to submit to a basic background check satisfactory to Company.</div><div data-section-type="1" class="ps-section" data-id="BySPlI2FtvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkLvlUnYYw86" data-time="1702496686204">Service Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required state and federal income tax withholdings, unemployment insurance, and social security taxes as to Service Professional and all persons engaged by Service Professional in the performance of the Services. Service Professional agrees that he/she is fully and solely responsible for filing, and shall file, an appropriate schedule of expenses and all other appropriate tax documents with the Internal Revenue Service in compliance with required filing periods. Service Professional shall be responsible for, and shall indemnify and hold Company harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="HJwwxL2tKw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJuDg8hKYwIp" data-time="1702496686204">To the extent required by applicable law, Service Professional agrees to maintain a separate set of books or records reflecting all items of income and expense associated with operating his or her business.</div><div data-section-type="1" class="ps-section" data-id="BJtvgU3Ytw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sk5wxI2tFDU6" data-time="1702496686204">3. SERVICE FEES</div><div data-section-type="1" class="ps-section" data-id="SysDl8nKYP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BknweIhtFDIp" data-time="1702496686204">3.1 <u>Service Fees.</u></div><div data-section-type="1" class="ps-section" data-id="SJawl8htYDIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1RwxL3YFv8p" data-time="1702496686204">Service Requester shall pay for completed Jobs through the Platform at the Prices agreed to by Service Requester at the end of the Negotiation Period with the Service Provider. Each Job made available to Service Professional on the Platform shall set forth the Timeframe, Estimated Work Time, details about the Service requested, and the base Service Fee the Service Professional shall be entitled to upon completion of the Job. The difference between the Price and base Service Fee, if any, shall be the fee retained by Company for its referral service (Booking Fee).</div><div data-section-type="1" class="ps-section" data-id="HJyugU2FtvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Byx_e8hFtPLT" data-time="1702496686204">For purposes of New York City Local Law 140 only (to the extent applicable), the value of the services performed pursuant to this Agreement is equal to the net amount paid to Service Professional for each Job, after accounting for the pre-negotiated fees and/or platform costs (including the Booking Fee and any other fees).</div><div data-section-type="1" class="ps-section" data-id="ry-_xIntYP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJzOgIhttPI6" data-time="1702496686204">3.2 <u>Service Fee Payment.</u></div><div data-section-type="1" class="ps-section" data-id="BkmdeI3KtvL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkEdgIntKD86" data-time="1702496686204">Company will transmit payment to Service Professional, whether in Service Professional’s capacity as a sole proprietorship or other corporate entity, via direct deposit. So long as Service Professional has completed the steps necessary to set up a direct deposit account and provided those details to Company, Company shall then remit payment for each Job, less Company's Booking Fee and any other applicable fees within seven (7) business days following the day the Job was completed. Absent Service Professional's failure to complete the appropriate steps to arrange for payment by direct deposit, Company's failure to remit payment within seven (7) business days following the day the Job was completed shall constitute a material breach of this Agreement. For purposes of this Section 3.3, “remit” shall refer to Company’s initiation of a payment to Service Professional; provided that Company has initiated payment to Service Professional within seven (7) business days following the day the Job was completed, Company shall not be liable if the paid amount is not accessible by Service Professional within that time frame. Service Professional may request payment for a booking to be remitted sooner than as set forth above for a fee as set forth in through the Platform. Such fee will apply each time that the Service Professional requests a payment sooner than seven (7) business days following the day the Job was completed. If applicable, Company will report the payments paid to Service Professional under this Agreement by filing the appropriate Form 1099 with the Internal Revenue Service as required by law. Payment processing services for Service Professionals are provided by Stripe and are subject to the <u>Stripe Connected Account Agreement</u>, located at <a href="https://stripe.com/us/connect-account/legal">https://stripe.com/us/connect-account/legal</a>, which includes the <u>Stripe Terms of Service</u>, located at <a href="https://stripe.com/us/legal">https://stripe.com/us/legal</a> (collectively, the Stripe Services Agreement). By agreeing to this Agreement, Service Professional agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Company enabling payment processing services through Stripe, Service Professional agrees to provide Company accurate and complete information about Service Professional and Service Professional's business, and Service Professional authorizes Company to share it and transaction information related to Service Professional's use of the payment processing services provided by Stripe.</div><div data-section-type="1" class="ps-section" data-id="SyHuxL2ttDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJLueLnYYvUT" data-time="1702496686204">4. EQUIPMENT AND OPERATIONS</div><div data-section-type="1" class="ps-section" data-id="ByD_xI3ttDU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Byu_gIhtKwI6" data-time="1702496686204">4.1 <u>Compatible Mobile Device.</u></div><div data-section-type="1" class="ps-section" data-id="SyKuxL2FtPIa" data-time="1702496686204">Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must possess a smartphone equipped with access to the Platform (the Compatible Mobile Device).</div><div data-section-type="1" class="ps-section" data-id="Syque83FKvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hyoug82KKwIT" data-time="1702496686204">4.2 <u>Pro Portal.</u></div><div data-section-type="1" class="ps-section" data-id="ByndgInKYPLp" data-time="1702496686204">Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must download Company's Service Professional mobile application (the Pro Portal) onto the Compatible Mobile Device used by the Service Professional. If location services are enabled on a Service Professional’s Compatible Mobile Device, Company will collect the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device from the Pro Portal for a period of time starting 4 hours prior to the scheduled start of a Job and ending 2 hours following the scheduled end of a Job for the purpose (i) providing support for the Service Professional and Service Requester to find each other and (ii) resolving disputes between the Service Professional and Service Requester about whether the Service Professional arrived for and/or completed the Job. For up to a 2 hour period prior to the scheduled start of a Job, Company may also share the Service Professional's Location Coordinates with the Service Requester for the same purposes. Company may also disclose the Service Professional's Location Coordinates and contact information as required by applicable law, to authorized service providers, or when Company believes that such disclosure is necessary to protect the rights, property, or safety of Company, Platform users, Service Requesters, or others. Company has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Service Professional provides the Services contemplated by this Agreement, or the frequency with which the Service Professional uses the Platform to book Jobs. Service Professional has no obligation to enable location services on a Compatible Mobile Device. Company retains Location Coordinates information for purposes of resolving disputes between the Service Professional and Service Requester about whether the Service Professional arrived for and/or completed the Job and retains de-identified Location Coordinates data indefinitely. By executing this Agreement and enabling location services on a Compatible Mobile Device, Service Professional agrees to the use and disclosure of Location Coordinates information as described above.</div><div data-section-type="1" class="ps-section" data-id="rkpuxLhtKvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S10OxUhKFwUp" data-time="1702496686204">4.3 <u>Costs of Operation.</u></div><div data-section-type="1" class="ps-section" data-id="SykYxLntKvIT" data-time="1702496686204">Service Professional is solely responsible for any costs or expenses incurred by Service Professional in connection with the operation of Service Professional’s business and the performance of the Services. Service Professional shall furnish and maintain, at Service Professional's own expense, the tools, equipment, supplies, and other materials used to perform the Services. Service Professional, at Service Professional's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.</div><div data-section-type="1" class="ps-section" data-id="HJeYxUntYDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkWKgInYFD8a" data-time="1702496686204">4.4 <u>Company Apparel or Identification.</u></div><div data-section-type="1" class="ps-section" data-id="SJfKxL3YtP8p" data-time="1702496686204">Service Professional will have no obligation to wear or display Company branded apparel, badge or other form of identification.</div><div data-section-type="1" class="ps-section" data-id="BJmteUhtFwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1EtxI3YtPL6" data-time="1702496686204">4.5 <u>Use of Voice, Image and Likeness.</u></div><div data-section-type="1" class="ps-section" data-id="SJSYl8hFtDLT" data-time="1702496686204">Service Professional gives Company permission to use any and all of Service Professional's voice, image, likeness, and any ratings and reviews from Service Requesters about Service Professional, with or without using Service Professional's name, in connection with the products and/or services available through the Platform, for the purposes of advertising and promoting such products and/or services and/or the Platform itself, for the purposes of identifying Service Professional to Service Requester, except to the extent expressly prohibited by law. In addition to the foregoing, Service Professional may be required to submit an image for use by the Platform to facilitate identifying Service Professional with Service Requesters. Service Professional also represents and warrants the Service Professional owns the copyright of any image or likeness that the Service Professional provides to Company.</div><div data-section-type="1" class="ps-section" data-id="r1UYe8hYtPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1DtxI2KtvI6" data-time="1702496686204">4.6 <u>Call and SMS Data.</u></div><div data-section-type="1" class="ps-section" data-id="BkdYlLnttvIT" data-time="1702496686204">Service Professional agrees to Company's use of a service provider to mask the Service Professional's phone number when the Service Professional calls or exchanges text (SMS) messages with the Service Requester. To facilitate this process, Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. Service Professional consents to the masking process described above and to Company's use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="SyttxI2KtPL6" data-time="1702496686204">Service Professional also consents to Company's sending text (SMS) messages directly to the Service Professional as described in the Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="Sy5Fg82FYPLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJoYlInFKPUT" data-time="1702496686204">5. RELATIONSHIP OF THE PARTIES</div><div data-section-type="1" class="ps-section" data-id="BynFl8nYFvIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryatxUhYYPIp" data-time="1702496686204">Service Professional is an independent contractor. Service Professional represents that he or she is customarily engaged in an independently established trade, occupation, profession and/or business offering the Services to the general public as a sole proprietor or business entity. Service Professional represents that he or she maintains a principal place of business in connection with Service Professional’s trade, occupation, profession and/or business that is eligible for a business deduction for federal income tax purposes. Service Provider represents that he or she does work (or has done work in the past) that is the same as, or related to, the work he or she intends to find through the Platform.</div><div data-section-type="1" class="ps-section" data-id="ByAKe83YYPIT" data-time="1702496686204">This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Service Professional and Company or any Service Requester for any purpose. Service Professional has no authority (and shall not hold himself or herself out as having authority) to bind Company and Service Professional shall not make any agreements or representations on Company's behalf without Company's prior written consent. Service Professional understands that Service Professional will not be eligible to participate in any benefit plans offered to Company's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Company to its employees. <strong>Company will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Service Professional's behalf</strong>. Service Professional shall be responsible for, and shall indemnify and hold Company harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="Sky5eUhttwLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rylclL3ttD8p" data-time="1702496686204">6. REPRESENTATIONS AND WARRANTIES</div><div data-section-type="1" class="ps-section" data-id="rkb9lLhKKvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJzcxL3YtD8T" data-time="1702496686204">Service Professional represents and warrants to Company that: (a) Service Professional has, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional have the legal right to provide the Services that are contemplated by this Agreement in the United States; (b) Service Professional is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are fully-licensed (to the extent required by applicable law) and authorized to provide the Services contemplated by this Agreement within the jurisdiction in which Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional intend to offer said Services, and have the required skill, experience, and qualifications to perform the Services; (c) Service Professional shall perform the Services in accordance with best industry standards for similar services and shall ensure that all assistants, helpers, subcontractors and other personnel used by the Service Professional in relation to the delivery of Services shall do likewise, including the completion of all Jobs referred to Service Professional that he/she opts to accept through the Platform; (d) Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional shall perform the Services in accordance with all applicable laws, rules and regulations; (e) Service Professional has the right to and does advertise and hold itself out to the public as available to provide the same or similar services as those provided under this Agreement; (f) Service Professional has the right to and does contract with other businesses to provide the same or similar services as those provided under this Agreement and maintains a clientele without restrictions from Company or the Service Requester; (g) Service Professional maintains a business location that is separate from the business or work location of Company or the Service Requester; and (h) Service Provider does work (or has done work in the past) that is the same as, or related to, the work he or she intends to find through the Platform.</div><div data-section-type="1" class="ps-section" data-id="ByXcxL3tYPUp" data-time="1702496686204">For Service Professionals performing the Services in Washington State, Service Professional shall, within a reasonable period of time after this Agreement is electronically signed, establish an account with the Department of Revenue and all other required state agencies, for the business Service Professional is conducting for the payment of all state taxes normally paid by employer and businesses. Service Professional further agrees, within a reasonable period of time after this Agreement is electronically signed, to register for and receive a unified business identifier number from Washington State.</div><div data-section-type="1" class="ps-section" data-id="HyVqe8hFYDUp" data-time="1702496686204">Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1SqlUhFKDUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyI5eLnttwI6" data-time="1702496686204">7. INDEMNIFICATION</div><div data-section-type="1" class="ps-section" data-id="Byv5xLnFKwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryu9gU2tYPI6" data-time="1702496686204">Service Professional shall defend, indemnify and hold harmless Company and its affiliates, parents, subsidiaries, and partners and their respective officers, directors, employees, agents, successors, and assigns and any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the Platform from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Service Professional's acts or omissions, which shall include any acts or omissions of any assistants, helpers, subcontractors or other personnel engaged by Service Professional; and (b) Service Professional's breach of any representation, warranty, or obligation under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Bkt5eUnKtDLp" data-time="1702496686204">The Services that Service Professional provides pursuant to this Agreement are fully and entirely Service Professional's responsibility. Company is not responsible or liable for the actions or inactions of a Service Requester or other third party in relation to the Services provided by Service Professional. Service Professional understands, therefore, that by using the Platform, Service Professional will be introduced to third parties in relation to whom Company has not conducted any background or reference checking, that may be potentially dangerous, and that Service Professional uses the Platform at his/her own risk.</div><div data-section-type="1" class="ps-section" data-id="r19cxLhFFvIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1o5lI3FKv8p" data-time="1702496686204">8. INSURANCE</div><div data-section-type="1" class="ps-section" data-id="ryhqx8nYtP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkTclL2KYv8T" data-time="1702496686204">It is the sole responsibility of the Service Professional to maintain in full force and effect commercial and general liability (in no case less than $1,000,000 per occurrence), adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to Handy, with policy limits sufficient to protect and indemnify Handy and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, parents, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Professional or Service Professional's assistants, agents, contractors, servants, or employees. Service Professional shall name Handy and its affiliates as additional insureds under the applicable policies and provide proof to Handy of such insurance before Service Professional provides any such services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ByC9eUhtYw86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByyjeI3KFDUT" data-time="1702496686204">9. TERM; TERMINATION</div><div data-section-type="1" class="ps-section" data-id="S1eseI2ttwIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1-ogLhKtPIa" data-time="1702496686204">9.1 <u>Term.</u></div><div data-section-type="1" class="ps-section" data-id="HyfogU3FKPUp" data-time="1702496686204">This Agreement shall be effective as of the date it is executed by Service Professional and shall remain in effect unless and until terminated as set forth in this Section 9 (the Term). Service Professional understands that Company may temporarily deactivate Service Professional's profile on Platform in the event that Service Professional is inactive on the Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Company shall reactivate Service Professional's profile upon request from Service Professional.</div><div data-section-type="1" class="ps-section" data-id="rJmogLhFYwUa" data-time="1702496686204">The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Service Professional the right to choose when to make himself or herself available and each Job referred and accepted is treated as a separate service arrangement.</div><div data-section-type="1" class="ps-section" data-id="ByVigLhYFw8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkrilU2FFwL6" data-time="1702496686204">9.2 <u>Termination.</u></div><div data-section-type="1" class="ps-section" data-id="SJUixU2YKDUp" data-time="1702496686204">(a) Company and Service Professional may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Company's failure to timely remit Service Fees as described herein, Service Professional's repeated failure to complete a Job to which he or she is contractually bound to the Service Requester’s satisfaction, Service Professional's failure to meet the applicable minimum rating, or if a Service Professional cancels or reschedules two (2) or more Jobs to which he or she is contractually bound on less than 2 hours' notice prior to the applicable Job start time within any twenty-eight (28) day period.</div><div data-section-type="1" class="ps-section" data-id="SyPogI2KtwLp" data-time="1702496686204">In the event there is a dispute whether Company or Service Professional materially breached the agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration, unless Service Professional exercises his/her right to opt out of arbitration, as described in Section 12.2, below.</div><div data-section-type="1" class="ps-section" data-id="S1djxI2YKwLp" data-time="1702496686204">(b) In addition to the foregoing, Service Professional may terminate the Agreement for any reason upon fifteen (15) days' written notice.</div><div data-section-type="1" class="ps-section" data-id="SJtigLnKFwUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJcoxL3KtDIa" data-time="1702496686204">9.3 <u>Service Professional's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="BJoslUnKYPL6" data-time="1702496686204">Upon termination of this Agreement by Service Professional for any reason, Service Professional shall: (a) complete any outstanding Jobs to which Service Professional is contractually bound (the Outstanding Jobs) and (b) certify in writing to Company that Service Professional has complied with the requirements of this Section.</div><div data-section-type="1" class="ps-section" data-id="BynoeUnFtDIp" data-time="1702496686204">9.4 <u>Company's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="ry6slIhYYvIa" data-time="1702496686204">Upon termination of this Agreement: (a) if the termination is effected by Company, Company shall immediately pay to Service Professional any outstanding earned Service Fees; or (b) if the termination is effected by Service Professional, Company shall pay to Service Professional any outstanding earned Service Fees within seven (7) business days. In either event, Company shall pay Service Fees for any Outstanding Jobs as soon as practicable after Service Professional has completed the Outstanding Jobs.</div><div data-section-type="1" class="ps-section" data-id="BkRsgIhtFPLp" data-time="1702496686204">9.5 <u>Surviving Provisions.</u></div><div data-section-type="1" class="ps-section" data-id="r11ng8ntYvL6" data-time="1702496686204">The terms and conditions of this Section 9.5 and Sections 5, 6, 7, 9.3, 9.4, 10, 11, and 12 (including, but not limited to, Section 12.2) shall survive the expiration or termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJg2eU2KYPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sybne82KFP8a" data-time="1702496686204">10. OTHER BUSINESS ACTIVITIES; NON-EXCLUSIVITY</div><div data-section-type="1" class="ps-section" data-id="BJf2gUnFFPUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B172lLnttDUT" data-time="1702496686204">Service Professional may be engaged or employed in any other business, trade, profession, or other activity, including providing Services to customers booked through means other than the Platform, including other web-based portals, smartphone applications, and/or platforms. Company has no obligation to refer Jobs to Service Professional under this Agreement and may refer Jobs to other providers to perform the same or similar services as those that may be performed by Service Professional under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SkV2xUnFFPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1BnlLhtFwL6" data-time="1702496686204">11. ASSIGNMENT</div><div data-section-type="1" class="ps-section" data-id="SyUne82FYDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryD3lLnKtD8a" data-time="1702496686204">Service Professional may not assign this Agreement, absent written authorization by Company. This provision shall not be construed as limiting Service Professional’s right to engage personnel to assist in the Services as set forth in this Agreement. Company may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="rkOhxL2tYDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJKnlIntFwIa" data-time="1702496686204">12. DISPUTE RESOLUTION; GOVERNING LAW</div><div data-section-type="1" class="ps-section" data-id="rk9ngIhFYPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJoheLnFtvU6" data-time="1702496686204">12.1 <u>Informal Negotiations.</u></div><div data-section-type="1" class="ps-section" data-id="ry3hxInFFP8a" data-time="1702496686204">To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Service Professional and Company, Service Professional and Company agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice of the dispute, controversy, or claim. Service Professional's address for such notices is the address provided by Service Professional to Company. Company's address for such notices is 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204.</div><div data-section-type="1" class="ps-section" data-id="ry63lLhtFDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy03gUhYYDUa" data-time="1702496686204">12.2 <u>Mutual Arbitration Provision.</u></div><div data-section-type="1" class="ps-section" data-id="Bk1TgI3FtvIa" data-time="1702496686204">COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO THE RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE IN ARBITRATION, as set forth below. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall survive the termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Sklal83KKPUp" data-time="1702496686204">Except as expressly provided below, this Mutual Arbitration Provision shall apply to any and all Claims (as defined below) between you and Company, including, but not limited to, any Company d/b/as, affiliates, subsidiaries, parents, successors and assigns and each of Company’s respective officers, directors, investors, insurers, employees, agents, or shareholders. This Mutual Arbitration Provision shall also apply to any and all disputes and/or claims between you and any third-party entity in any way involved in making available, arranging and/or facilitating the Services. The parties agree that the third-parties referenced in this paragraph are intended third-party beneficiaries of this Mutual Arbitration Provision. The parties agree that any disputes and/or claims regarding the application of this Mutual Arbitration Provision to any such third-parties referenced in this paragraph shall be resolved exclusively by an arbitrator. For avoidance of doubt, Service Requesters are not considered “third parties” for purposes of this paragraph.</div><div data-section-type="1" class="ps-section" data-id="rJ-px8hFtPU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJzpl82KtP86" data-time="1702496686204">EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES AND/OR CLAIMS BETWEEN YOU AND COMPANY SHALL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.</div><div data-section-type="1" class="ps-section" data-id="HJm6eInFYPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1VagLnKKvI6" data-time="1702496686204">Disputes and claims covered by this Mutual Arbitration Provision include, but are not limited to, any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and any and all prior versions thereof (including the formation, breach, termination, enforcement, interpretation or validity thereof), the Service Professional's classification as an independent contractor, Service Professional’s provision of Services under this Agreement, the payments received by Service Professional for providing Services, Service Professional’s registration to use the Platform, disputes with any entity or individual arising out of or related to the use of the Platform, background checks, privacy, trade secrets, unfair competition, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, retaliation, discrimination or harassment and claims arising under the Fair Credit Reporting Act, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, state or local statutes or regulations addressing the same or similar subject matters, and all other aspects of the Service Professional's relationship with Company whether arising under federal, state or local statutory and/or common law. The parties further agree that this Mutual Arbitration Provision covers all claims or disputes between you and a third-party concerning the provision of any background check of you by a consumer reporting agency and claims or disputes between you and any other third-party entity involved in requesting or in any way involved in making available, arranging and/or facilitating the Services.</div><div data-section-type="1" class="ps-section" data-id="SJr6g82tKPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkITxI3YFP86" data-time="1702496686204"><strong>Except as stated in Section 12.2(d), below, only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, validity, enforceability, conscionability, and/or formation of this Mutual Arbitration Provision.</strong></div><div data-section-type="1" class="ps-section" data-id="HkwplL3tYD8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJOTgL3YYPLa" data-time="1702496686204">(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Service Professional must be delivered to: Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204.</div><div data-section-type="1" class="ps-section" data-id="SyFpeInFKwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk5agU2YtD8p" data-time="1702496686204">(b) <strong><u>CLASS ACTION WAIVER-PLEASE READ.</u></strong> COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION AND/OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS ACTION AND/OR COLLECTIVE ACTION (CLASS ACTION WAIVER). COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BOTH ARE WAIVING THE RIGHT TO BRING, PURSUE OR HAVE A CLAIM OR DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.</div><div data-section-type="1" class="ps-section" data-id="SJoaxU2FYPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryhalLhFFPIT" data-time="1702496686204">(c)<strong><u>REPRESENTATIVE ACTION WAIVER-PLEASE READ</u></strong> Company and Service Professional mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a representative action, and an arbitrator shall not have any authority to arbitrate a representative action ("Representative Action Waiver").</div><div data-section-type="1" class="ps-section" data-id="HyTTxUhtKPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJATx83YFP8T" data-time="1702496686204">(d) Notwithstanding any other clause contained in this Agreement, this Mutual Arbitration Provision, or the AAA Rules, as defined below, any claim that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, invalid, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. As stated above, all other disputes regarding interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="BkkClL3tKwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkeRlInYFvUT" data-time="1702496686204">(e) Service Professional agrees and acknowledges that entering into this Mutual Arbitration Provision does not change Service Professional's status as an independent contractor in fact and in law, that Service Professional is not an employee of Company or any Service Requester and that any disputes in this regard shall be determined solely by an arbitrator and subject to final and binding arbitration as provided in this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="B1WRgU2FYv8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJMCg82tYvIT" data-time="1702496686204">(f) Unless Company and Service Professional otherwise mutually agree in a signed writing, the arbitration will be conducted in the county where Service Professional resides. If Service Professional’s claim does not exceed $10,000 (including attorneys' fees), then the arbitration will be conducted solely on the basis of documents Company and Service Professional submit to the arbitrator, unless Service Professional requests a hearing or the arbitrator determines that a hearing is necessary. Unless Company and Service Professional both waive the right to a hearing in writing, a hearing shall always be conducted if Service Professional’s claim exceeds $10,000 (including attorneys' fees).</div><div data-section-type="1" class="ps-section" data-id="SyQAxUnFYw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rk4Rg83tFwIp" data-time="1702496686204">The Arbitrator shall be selected by mutual agreement of Company and Service Professional. Unless Company and Service Professional mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted, and who has experience in the underlying subject matter. If the parties cannot agree on the Arbitrator, the selection of the Arbitrator shall be governed by the American Arbitration Association Consumer Arbitration Rules ("AAA Rules").</div><div data-section-type="1" class="ps-section" data-id="H1SRlU2FFvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1I0gU2YFPLT" data-time="1702496686204">Regardless of whether the Arbitrator is affiliated with the American Arbitration Association, the parties agree that any arbitration shall be governed by the AAA Consumer Arbitration Rules (including the AAA Consumer Arbitration Fee schedule) in effect at the time the arbitration is initiated, except as follows (unless and to the extent otherwise mutually agreed in writing by Company and Service Professional):</div><div data-section-type="1" class="ps-section" data-id="HJvRlI3ttP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rk_AlUntKDIT" data-time="1702496686204">(1) The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney or a retired federal or state judicial officer with experience in the law underlying the dispute;</div><div data-section-type="1" class="ps-section" data-id="SJtCgL3FYwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1cAgL3FYDL6" data-time="1702496686204">(2) The Arbitrator's fees shall be apportioned in accordance with applicable law as determined by the Arbitrator;</div><div data-section-type="1" class="ps-section" data-id="rko0eUnYKvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S130gLnFtwL6" data-time="1702496686204">(3) Unless applicable law requires otherwise, and notwithstanding anything to the contrary in the applicable AAA rules or fee schedule(s), Company and you shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings;</div><div data-section-type="1" class="ps-section" data-id="HkaAeU3YtvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByACg83tYPIa" data-time="1702496686204">(4) The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes;</div><div data-section-type="1" class="ps-section" data-id="r111WInKKwLT" data-time="1702496686204">(5) Except as provided in the Class Action Waiver and Representative Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable;</div><div data-section-type="1" class="ps-section" data-id="HkgJWI2tKwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJbyZLhttvIT" data-time="1702496686204">(6) The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions;</div><div data-section-type="1" class="ps-section" data-id="HJM1ZUhKFvIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sym1-UnFtvLp" data-time="1702496686204">(7) The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law;</div><div data-section-type="1" class="ps-section" data-id="SJNyW8nKFPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkHJWL2ttw86" data-time="1702496686204">(8) Either Company or Service Professional may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 12.2 may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="rJ8JW83FYwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1DkZInttwL6" data-time="1702496686204">(g) Regardless of any other terms of this Agreement or Mutual Arbitration Provision, nothing prevents Service Professional from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 12.2, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any required conditions precedent and/or exhausting required administrative remedies under applicable law before bringing a claim in arbitration. Company will not retaliate against Service Professional for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.</div><div data-section-type="1" class="ps-section" data-id="rk_yWLntYDLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkFyZI3KFPIT" data-time="1702496686204">(h) The AAA Rules may be found at www.adr.org or by searching for AAA Consumer Arbitration Rules or by calling the AAA at 1-800-778-7879.</div><div data-section-type="1" class="ps-section" data-id="S1q1-IhFYwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkiyZU3FFvI6" data-time="1702496686204">(i) <u>Service Professional’s Right to Opt Out of Arbitration</u>. Arbitration is not a mandatory condition of Service Professional’s contractual relationship with Company, and therefore Service Professional may submit a statement notifying Company that Service Professional wishes to opt out and not be subject to this Mutual Arbitration Provision. In order to opt out, Service Professional must notify Company of Service Professional’s intention to opt out by submitting to Company at Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, a signed and dated written notice stating that Service Professional is opting out of this Mutual Arbitration Provision. Service Professional also may opt out by sending an email to optout@angi.com stating Service Professional’s intention to opt out. In order to be effective, Service Professional’s opt out notice must be provided within 30 days of the date this Agreement is electronically signed by Service Professional ("Effective Date"). If Service Professional opts out as provided in this paragraph, Service Professional will not be subject to any adverse action from Company as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If Service Professional does not opt out within 30 days of the Effective Date of this Agreement, Service Professional and Company shall be deemed to have mutually and voluntarily agreed to this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="By2JWLnKYv86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hka1-UhKtPIa" data-time="1702496686204">Service Professional acknowledges and agrees that if Company modifies any provision of this Agreement other than any term of this Section 12.2, Service Professional will not have a renewed opportunity to opt out of arbitration.</div><div data-section-type="1" class="ps-section" data-id="Sk0yZLnYKDL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HykxbU3FFvLT" data-time="1702496686204">If, however, Company modifies this Mutual Arbitration Provision after the date you first agreed to this Agreement (or any subsequent changes to the Agreement), you may reject any such change to the Mutual Arbitration Provision by providing Company written notice of such rejection within 30 days of the date below. This written notice must be provided either (a) to Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, or (b) by email from the email address associated with your account to: optout@angi.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to the Mutual Arbitration Provision. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Company in accordance with the provisions of this Mutual Arbitration Provision as of the date you first agreed to this Agreement (or any subsequent changes to the Agreement).</div><div data-section-type="1" class="ps-section" data-id="rJgg-82FYDLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rybe-8nFFwUT" data-time="1702496686204">(j) <u>Right To Consult With A Lawyer:</u> Service Professional has the right to consult with private counsel of Service Professional's choice for independent legal advice with respect to any aspect of this Agreement or Mutual Arbitration Provision, or any claim that may be subject to this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="ryzgW82FtDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy7gZI3KFvIp" data-time="1702496686204">(k) In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, or representative general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Class Action Waiver and/or Representative Action Waiver is unenforceable, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.</div><div data-section-type="1" class="ps-section" data-id="S1NxbU3tFwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkHeZI3YYPUT" data-time="1702496686204">12.3 <u>Governing Law.</u></div><div data-section-type="1" class="ps-section" data-id="BJUeZLhFKvU6" data-time="1702496686204">Except for the Mutual Arbitration Provision set forth in Section 12.2, and except as may be prohibited by the law of the State in which Service Professional primarily works and resides, this Agreement shall be governed and interpreted pursuant to the laws of the state in which the Service Professional performs the majority of his or her services under the Agreement, notwithstanding any principles of conflicts of law. The Mutual Arbitration Provision set forth in Section 12.2 shall be enforced under the Federal Arbitration Act, or if it is deemed inapplicable for any reason, then under the laws of the State of Delaware, notwithstanding any principles of conflicts of law.</div><div data-section-type="1" class="ps-section" data-id="ByPlZLhYYvLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkOgZ83YYPL6" data-time="1702496686204">13. SERVICE REQUESTER PRIVACY</div><div data-section-type="1" class="ps-section" data-id="SyKxW83FtvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk9e-8hFtP86" data-time="1702496686204">Service Professional understands that in performing the Services, he or she will receive certain private and/or confidential information regarding the Service Requesters and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon written consent by the Service Requester, Service Professional agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the Service Requesters, including addresses, telephone numbers and/or financial information. Service Professional further agrees not to engage in any activity which violates the privacy of any Service Requester, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Service Requester or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJjlWL2YtPIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJhe-UhFKvL6" data-time="1702496686204">14. MODIFICATION</div><div data-section-type="1" class="ps-section" data-id="SyplZL3YKDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkAgZ8nKKwLT" data-time="1702496686204">Service Professional hereby expressly acknowledges and agrees that, by using or receiving access to the Platform, Service Professional and Company are bound by the then-current version of this Agreement, including any supplements to this Agreement or documents incorporated herein, including the Schedules below, except as stated in Section 12.2(i) with respect to a Service Professional’s right to opt-out of the arbitration. Service Professional shall be bound by modifications to this Agreement only upon Service Professional’s electronically signing any modifications or supplements.</div><div data-section-type="1" class="ps-section" data-id="SkyZWUhYKP8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkxbZ8nKYwUT" data-time="1702496686204">15. DEFEND TRADE SECRETS ACT OF 2016</div><div data-section-type="1" class="ps-section" data-id="Skb--U2KYPU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1GW-8nttwU6" data-time="1702496686204">Service Professional acknowledges receipt of the following notice under 18 U.S.C § 1833(b)(1): An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.</div><div data-section-type="1" class="ps-section" data-id="r17ZbUhtYv8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1Eb-8hYKPLa" data-time="1702496686204">16. MISCELLANEOUS</div><div data-section-type="1" class="ps-section" data-id="HyrZ-InKYw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJL-ZUhKKDU6" data-time="1702496686204">All notices other than those required by Section 3.1 and Section 12, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or electronic mail (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). This Agreement, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement may be executed in multiple counterparts, including by facsimile or other electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.</div><div data-section-type="1" class="ps-section" data-id="SywbWLhFYwIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Skd-WL3YKv8p" data-time="1702496686204">This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Company's website or the Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims, except as expressly set forth in Section 12.2.</div><div data-section-type="1" class="ps-section" data-id="S1FWW82YFwIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryq-bI2YKwIa" data-time="1702496686204">Service Professional acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Service Professional's own expense, prior to signing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BysZZLhYKPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJhbZ82FtPU6" data-time="1702496686204">BY CHECKING THE BOX STATING I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT, YOU HEREBY AGREE TO THIS SERVICE PROFESSIONAL AGREEMENT AND AGREE TO ACT IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.</div><div data-section-type="1" class="ps-section" data-id="ByaWWL3KtPIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJCbWLhYYDUp" data-time="1702496686204">You understand that your electronic signature is as legally binding as a handwritten signature.</div><div data-section-type="1" class="ps-section" data-id="SJ1GZIhYYPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SklMWU3Ktv8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJbM-83ttDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyMz-U3FFPLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJQM-L3YFDL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyVGWLhKFDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkrMWIntFvIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkIGb83YFwIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJDG-U3KKwIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJuMW83FKPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryFMbIhFFDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B15GZU2YKw86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkjzW83KtDLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1hGWU3tYDU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rk6fWL2FFPLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyAzZL3tFDLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJk7bI2YYvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkgXWLhtFwUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJW7-L2FFP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1z7WL3YYvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1X7-L2YFwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1Vm-L2FtPIa" data-time="1702496686204">SCHEDULE 1</div><div data-section-type="1" class="ps-section" data-id="r1r7W8hKYvUa" data-time="1702496686204">Service Professional acknowledges he or she is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are licensed (to the extent required by applicable law), qualified and otherwise authorized to provide, among the Services listed below, only those Services selected by the Service Professional during the sign-up process or in the Pro Portal:</div><div data-section-type="1" class="ps-section" data-id="B1UQ-IhttPI6" data-time="1702496686204">Home Cleaning</div><div data-section-type="1" class="ps-section" data-id="SyDXb83FYDIa" data-time="1702496686204">Furniture Assembly</div><div data-section-type="1" class="ps-section" data-id="S1_7b83KYw8p" data-time="1702496686204">Hanging Pictures and Shelves</div><div data-section-type="1" class="ps-section" data-id="BJFmbLhYFvU6" data-time="1702496686204">Mounting Televisions</div><div data-section-type="1" class="ps-section" data-id="rJqXbUnKFP86" data-time="1702496686204">Moving Help</div><div data-section-type="1" class="ps-section" data-id="Bks7b82FYD86" data-time="1702496686204">Interior Painting</div><div data-section-type="1" class="ps-section" data-id="rkhQWIhKtvIT" data-time="1702496686204">Drain Work</div><div data-section-type="1" class="ps-section" data-id="Sya7WLnYFwLa" data-time="1702496686204">AC Work</div><div data-section-type="1" class="ps-section" data-id="HkR7ZLhYtw8a" data-time="1702496686204">Other Handyman Work</div><div data-section-type="1" class="ps-section" data-id="B1yEWU3tFPIa" data-time="1702496686204">Window Treatments</div><div data-section-type="1" class="ps-section" data-id="BJgEb82tKv8p" data-time="1702496686204">Garbage Disposal Work</div><div data-section-type="1" class="ps-section" data-id="rkZE-UnttDIT" data-time="1702496686204">Toilet Work</div><div data-section-type="1" class="ps-section" data-id="HyfV-IhtYPLT" data-time="1702496686204">Other Plumbing Work</div><div data-section-type="1" class="ps-section" data-id="rkXV-I2tYPUa" data-time="1702496686204">Smart Home Installations</div><div data-section-type="1" class="ps-section" data-id="Sk4NWLhKtvI6" data-time="1702496686204">Ceiling and Bath Fans - Electrical</div><div data-section-type="1" class="ps-section" data-id="ByH4bLhFYv8a" data-time="1702496686204">Light Fixtures - Electrical</div><div data-section-type="1" class="ps-section" data-id="BJ8N-IhYtw8T" data-time="1702496686204">Outlets - Electrical</div><div data-section-type="1" class="ps-section" data-id="B1PNWUntFw8a" data-time="1702496686204">Other Electrical Work</div><div data-section-type="1" class="ps-section" data-id="H1_E-82FtvUp" data-time="1702496686204">Lawn Care</div><div data-section-type="1" class="ps-section" data-id="S1KEbInYYD86" data-time="1702496686204">Other</div><div id="schedule_2" data-section-type="1" class="ps-section" data-id="By5VZU3FtDUT" data-time="1702496686204"><strong> SCHEDULE 2 - LIQUIDATED DAMAGES </strong> <strong> SERVICE FAILURE/CANCELLATION</strong></div><div data-section-type="1" class="ps-section" data-id="r1sEZ83KKv8a" data-time="1702496686204">ALL REGIONS*</div><div data-section-type="1" class="ps-section" data-id="HynEZ82KFvUT" data-time="1702496686204"> <table border="1" cellpadding="0" cellspacing="0" class="ps-section" data-id="HyTVb8hKFDLT" data-time="1702496686204" data-section-type="6"> <colgroup> <col width="473"></col> <col width="165"></col> </colgroup> <tbody class="ps-section" data-id="S1AEWI2YYPIT" data-time="1702496686204"> <tr class="ps-section" data-id="SJkrZUntYv8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BygrZInYtvU6" data-time="1702496686204"> <div class="ps-section" data-id="BkZHbLhtKwLT" data-time="1702496686204" data-section-type="1">Failure to start Job at time specified by, or agreed with, Service Requester and Service Requester complains to Company</div> </td> <td class="ps-section ps-parent" data-id="HyMSbUnYFP8a" data-time="1702496686204"> <div class="ps-section" data-id="BJmBWL2ttD86" data-time="1702496686204" data-section-type="1">Fee of $15</div> </td> </tr> <tr class="ps-section" data-id="rJ4B-I2tKDIp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="SkHrb82tKDUp" data-time="1702496686204"> <div class="ps-section" data-id="rkIrWUhFKw8p" data-time="1702496686204" data-section-type="1">Service Professional leaves before Job is completed and before end of Estimated Work Time specified by (or negotiated with) Service Requester and Service Requester complains</div> </td> <td class="ps-section ps-parent" data-id="HkvHWU3KYw8p" data-time="1702496686204"> <div class="ps-section" data-id="SJOSbLhKtvIT" data-time="1702496686204" data-section-type="1">Fee of $15.</div> </td> </tr> <tr class="ps-section" data-id="S1tBZL3ttv8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="Bk5SW8nKYwIa" data-time="1702496686204"> <div class="ps-section" data-id="H1iSZ83YtwL6" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 48 hours' notice but with more than 24 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="Hk2rWI3KtwLa" data-time="1702496686204"> <div class="ps-section" data-id="rk6B-8nFFPUT" data-time="1702496686204" data-section-type="1">Fee of $10</div> </td> </tr> <tr class="ps-section" data-id="HkRSZ82YFw8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="SyyUbUnFKDUp" data-time="1702496686204"> <div class="ps-section" data-id="SylLZL2FtPUp" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 24 hours' notice but with more than 4 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="ryZUWInYYPLa" data-time="1702496686204"> <div class="ps-section" data-id="HJf8ZL2FKv86" data-time="1702496686204" data-section-type="1">Fee of $20</div> </td> </tr> <tr class="ps-section" data-id="S1QI-UhttDLa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="By4IWUhtYwLT" data-time="1702496686204"> <div class="ps-section" data-id="ryS8ZLhYKP8a" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 4 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="S1II-I3YtPUp" data-time="1702496686204"> <div class="ps-section" data-id="SJwUb8nFYwIp" data-time="1702496686204" data-section-type="1">Fee of $40</div> </td> </tr> <tr class="ps-section" data-id="r1_8-83ttDUp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BJFU-U2YKDIT" data-time="1702496686204"> <div class="ps-section" data-id="S1q8W8htKwUT" data-time="1702496686204" data-section-type="1">Service Professional fails to appear for booked Job without notice to Service Requester and Company</div> </td> <td class="ps-section ps-parent" data-id="r1j8-UhYtwL6" data-time="1702496686204"> <div class="ps-section" data-id="BJ2LbL2KYvUp" data-time="1702496686204" data-section-type="1">Fee of $50</div> </td> </tr> <tr class="ps-section" data-id="SJpUWL2YKwI6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BkRIWI2tFw8a" data-time="1702496686204"> <div class="ps-section" data-id="BJkP-I3tKvL6" data-time="1702496686204" data-section-type="1">Service Professional requests payment remission ahead of standard schedule</div> </td> <td class="ps-section ps-parent" data-id="SJewWLhFtw86" data-time="1702496686204"> <div class="ps-section" data-id="S1ZwW8hFYPLT" data-time="1702496686204" data-section-type="1">Fee of up to $5 per request</div> </td> </tr> <tr class="ps-section" data-id="HJzPWU2YFv8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HJQvZL2FKPUa" data-time="1702496686204"> <div class="ps-section" data-id="SyEvWIhttwUa" data-time="1702496686204" data-section-type="1">Service Requester cancels or reschedules on less than 12 hours' notice but with more than 30 minutes' notice prior to Job start time. No payment if cancellation is a result of reported failure to appear for booked Job without notice</div> </td> <td class="ps-section ps-parent" data-id="rJBDZL2KtDLa" data-time="1702496686204"> <div class="ps-section" data-id="HyIwZIntYD8a" data-time="1702496686204" data-section-type="1">Payment of $15</div> </td> </tr> <tr class="ps-section" data-id="H1DvZI3tYwL6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HkdwZ8hKtvU6" data-time="1702496686204"> <div class="ps-section" data-id="r1KvbL3KFvUT" data-time="1702496686204" data-section-type="1">Service Requester cancels or reschedules on less than 30 minutes' notice</div> </td> <td class="ps-section ps-parent" data-id="BJqD-UnKFDIT" data-time="1702496686204"> <div class="ps-section" data-id="rkoDbI3Ktv8T" data-time="1702496686204" data-section-type="1">Payment equal to the entire service fee for Job, up to 2 hours <strong>(up to 3 hours in California)</strong></div> </td> </tr> <tr class="ps-section" data-id="rynD-IhFYw8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="rypD-L2YFP8a" data-time="1702496686204"> <div class="ps-section" data-id="ryAD-IhtFwLT" data-time="1702496686204" data-section-type="1">Inability to perform services not attributable to a no-show or cancellation (e.g. Service Professional had difficulty opening lock with key provided, location of Job had unsafe working conditions, Job was not accurately described by Service Requester, etc.)</div> </td> <td class="ps-section ps-parent" data-id="rJJdZ83KFD86" data-time="1702496686204"> <div class="ps-section" data-id="Skx_bLhYYwIT" data-time="1702496686204" data-section-type="1">Payment of $15</div> </td> </tr> <tr class="ps-section" data-id="rJbdWUhttDLp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="S1fuWInFtvU6" data-time="1702496686204"> <div class="ps-section" data-id="HJXdWL3FYP8p" data-time="1702496686204" data-section-type="1">Damage and/or loss of a Service Requester’s items or property</div> </td> <td class="ps-section ps-parent" data-id="rkEu-U2KtvLT" data-time="1702496686204"> <div class="ps-section" data-id="HySOW83KYP86" data-time="1702496686204" data-section-type="1">Fee of $5 based on the loss or as otherwise negotiated.</div> </td> </tr> <tr class="ps-section" data-id="HJ8OWL3FKvLa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="rkw_-U3YYvLT" data-time="1702496686204"> <div class="ps-section" data-id="B1_d-8nYtvIa" data-time="1702496686204" data-section-type="1">Failure to return Service Requester’s key</div> </td> <td class="ps-section ps-parent" data-id="BytubU2KtDIp" data-time="1702496686204"> <div class="ps-section" data-id="H1qOZLnYYDU6" data-time="1702496686204" data-section-type="1">Fee of $100 based on the loss or as otherwise negotiated.</div> </td> </tr> </tbody> </table></div><div data-section-type="1" class="ps-section" data-id="HkeKbIhFtP8a" data-time="1702496686204">* The above-referenced fee amounts are intended to act as default fees only, in the event Service Professional and Service Requester or, separately, Service Professional and Company do not negotiate a different amount.</div><div data-section-type="1" class="ps-section" data-id="BkZYWL2FYv8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryGtZI3FtP86" data-time="1702496686204" cursorposition="17">Last updated: Oct 23 2024</div><div data-section-type="1" class="ps-section" data-id="r1mtZUnFKPL6" data-time="1702496686204"> <br /></div> </div> </div> </div> </div> <div id="contract-id-459949-version-6578ad4d96e275e9683ad392" data-vid="6578ad4d96e275e9683ad392" class="version-container js-version-container-459949 " style="display: none;"> <div id="version-languages-6578ad4d96e275e9683ad392" class="version-translation-container"> <div id="version-6578ad4d96e275e9683ad392-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="US Service Professional Agreement"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023  <span class="light">to</span>  October 23rd 2024</h5> <a id="download-version-6578ad4d96e275e9683ad392-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578ad4d96e275e9683ad392.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578ad4d96e275e9683ad392"> <div data-section-type="1" class="ps-section" data-id="S1LhFYvIp" data-time="1702496686204">HANDY TECHNOLOGIES, INC. <br />SERVICE PROFESSIONAL AGREEMENT <br />U.S. <br /><a href="#california_service_agreement"><u>Click here for California Service Professional Agreement</u></a></div><div data-section-type="1" class="ps-section" data-id="S1eIhtYw8a" data-time="1702496686204">This Service Professional Agreement (the Agreement) sets forth the terms and conditions whereby you, an independently-established home service provider fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed), qualified and customarily engaged in a trade, occupation and/or business to provide the services contemplated by this Agreement (the Service Professional), agree to provide certain services (as described on Schedule 1) via the web-based platform of Handy Technologies, Inc. doing business under the brand names “Angi Services” and “Handy”, a Delaware corporation, with a mailing address at 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, and its affiliates, parents, and subsidiaries (collectively, “Company”). You acknowledge that the services contemplated by this Agreement may be made available under (a) Company’s and its affiliates’ various brands, including but not limited to Handy, Angi, Angi Services, Angie’s List, and Home Advisor, and/or (b) the brands of Company’s contractual partners. Service Professional’s designated contact person, mailing address, phone number and email address is located on Service Professional’s account profile page and is incorporated herein by reference as if fully set forth herein. Service Professional is obligated to maintain this information and ensure it is current.</div><div data-section-type="1" class="ps-section" data-id="rybU2YFDUa" data-time="1702496686204">Service Professional agrees to download a copy of this Agreement from: <a href="https://www.handy.com/pro_terms"><u>www.handy.com/pro_terms</u></a></div><div data-section-type="1" class="ps-section" data-id="ByfI3YtD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1X83FYwI6" data-time="1702496686204"><strong> IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 12.2. </strong></div><div data-section-type="1" class="ps-section" data-id="H1EUhKKw8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyHIhYYDIa" data-time="1702496686204"><strong>1. GENERAL PROVISIONS</strong></div><div data-section-type="1" class="ps-section" data-id="ByUL2YFDI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkvI3FFwU6" data-time="1702496686204">1.1 <u>Background Statement.</u></div><div data-section-type="1" class="ps-section" data-id="SydU3tFwUT" data-time="1702496686204">Company is the creator of a technology platform that creates a marketplace to connect potential clients (Service Requesters) with fully-licensed (to the extent required by applicable law) and qualified professionals, such as Service Professional, in the business of providing home and/or office cleaning, handyperson services, plumbing services, electrical services, painting services, lawn care, home improvement and/or moving services (Services). Company provides a web-based and mobile application-based portal (the Platform) through which Service Requesters contract with Company and separately with the Service Professionals who provide Services to Service Requesters. Service Professional understands and intends that Service Professional will contract with and provide the services to Service Requesters strictly as an independently-owned and operated business enterprise, and not as an employee, worker, agent, joint venturer, partner or franchisee of Company or any Service Requester for any purpose.</div><div data-section-type="1" class="ps-section" data-id="HkY82YtP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="By582FtwUa" data-time="1702496686204">Company and Service Professional acknowledge and agree that the Services are outside the usual course of Company’s business and that the Services will be performed outside all of the places of Company’s business.</div><div data-section-type="1" class="ps-section" data-id="H1i8nKtDIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1nI3tFPUp" data-time="1702496686204">1.2 <u>The Platform and Terms of Use.</u></div><div data-section-type="1" class="ps-section" data-id="B1pL2YKv8a" data-time="1702496686204">Before receiving access to the Platform, Service Professional must also review and agree to the <a href="https://www.handy.com/terms">Terms of Use</a> of the Platform, which are incorporated herein by reference and which Service Professional acknowledges he/she has reviewed and accepted. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall control. From time to time, in their sole and complete discretion, Service Requesters will post jobs on the Platform, setting forth the nature of the Services required (the Jobs). Jobs posted will include a date, general neighborhood or geographic area where the Job will take place and time frame requested by the Service Requester (the Timeframe), and an estimate of time necessary to complete the work (the Estimated Work Time). Timeframes will be displayed on the Platform either as a specific time (i.e. 5:00 pm) or as a range (i.e., 2:00 pm to 5:00 pm). The Estimated Work Time will be displayed either as a specific time (i.e. 2 hours) or as a range (i.e., 2-3 hours). Service Professional acknowledges and agrees that s/he understands that claiming a Job creates a contractual relationship between Service Professional and Service Requester. Service Professional and Service Requester may negotiate the terms of their contract, including the Timeframe and Estimated Work Time, to be different than the terms first offered by the Service Requester through the Platform. Company does not guarantee any minimum number of jobs will be available to Service Professional at any point during the term of this Agreement. Subject only to the limitation set forth in Section 9.1, Service Professional is not obligated to review the Jobs posted or select any Jobs posted by any Service Requester at any time. Service Professional agrees that Service Professional's name, phone number and likeness may be provided or made available to Service Requester by or on behalf of Company after the Job is booked.</div><div data-section-type="1" class="ps-section" data-id="Bk0L2ttDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJke83Ktw8p" data-time="1702496686204">1.3 <u>Background Checks</u></div><div data-section-type="1" class="ps-section" data-id="B1elL2FFw8p" data-time="1702496686204">Before receiving access to the Platform, Service Professional must submit to and pass a background check through Company’s background check provider. After receiving access to the Platform, Company may from time-to-time, in its reasonable discretion and in accordance with applicable law, conduct additional background checks on Service Professional through Company’s background check provider. Company conducts background checks in accordance with applicable law.</div><div data-section-type="1" class="ps-section" data-id="ByWxI2YYP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryfg83FYDI6" data-time="1702496686204">1.4 <u>Registration Processing</u></div><div data-section-type="1" class="ps-section" data-id="rJ7e8nFFPUT" data-time="1702496686204">In select markets, Service Professional may be required to pay nonrefundable registration processing (Registration Processing Fee) in order to process Service Professional’s registration to use the Platform. Payment of the Registration Processing Fee does not guarantee a Service Professional access to or Jobs through the Platform.</div><div data-section-type="1" class="ps-section" data-id="rkExLnKKwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryHlU3FKwUT" data-time="1702496686204"><strong>2.<u>THE SERVICES</u></strong></div><div data-section-type="1" class="ps-section" data-id="SJUlI2KFPLa" data-time="1702496686204">Service Professional shall be eligible to book Jobs through the Platform requesting any Services that Service Professional is fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed) and qualified to provide as specified on Schedule 1 to this Agreement and as selected by the Service Professional during the sign-up process or during Service Professional’s use of the Platform. In those jurisdictions where a license, permit, or certification is required to perform the Services, Service Professional shall, upon reasonable request, provide proof to Company of all necessary licenses, permits and/or certifications before Service Professional provides any such Services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SJDgL3FFD8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkue83FFP8T" data-time="1702496686204">2.1 <u> Job Completion.</u></div><div data-section-type="1" class="ps-section" data-id="rkYeInKFD8T" data-time="1702496686204">Once Service Professional has accepted a Job, Service Professional is contractually obligated to complete the Job within the Timeframe specified by, and to the satisfaction of, the Service Requester. Repeated cancellations and/or rescheduled Jobs on short-notice by Service Professional may result in termination of this Agreement in accordance with Section 9. Additionally, at Company’s reasonable discretion, cancellation or rescheduling by the Service Professional or Service Professional’s failure to complete a Job to the satisfaction of Service Requester may result in liquidated damages being charged to Service Professional as described in Schedule 2. Service Professional may also be entitled to a fee or liquidated damages in the event a Service Requester cancels or reschedules a Job or fails to provide satisfactory details about their Job as described in Schedule 2. Modifications to Schedule 2 will be effective upon written notification to Service Professional and will supersede any and all prior versions.</div><div data-section-type="1" class="ps-section" data-id="Sk5gUntFv8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Skoe83FtwLa" data-time="1702496686204">Company is interested only in the results to be achieved by Service Professional: completion of each accepted Job in accordance with Service Requester's specifications as detailed by Service Requester, and as negotiated between Service Requester and Service Professional. Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement. Service Professional understands and agrees that Service Professional's failure to complete a Job in accordance with Service Requester's specifications detailed by Service Requester through the Platform constitutes a material breach of this Agreement and may result in liquidated damages as described in Schedule 2 and/or termination of this Agreement in accordance with Section 9, unless Service Professional cures the breach either through a reduced Service Fee or completion of the Job (without additional Service Fees being charged to the Service Requester) to the satisfaction of the Service Requester.</div><div data-section-type="1" class="ps-section" data-id="HJ2lU2KFwUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1TlL3YKDLp" data-time="1702496686204">By accepting this Agreement, Service Professional authorizes Company to withhold the amounts listed in Schedule 2 (where applicable) as payment of liquidated damages from Service Professional's Service Fees.</div><div data-section-type="1" class="ps-section" data-id="SJCe83YYDI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1J-LhKFwU6" data-time="1702496686204">2.2 <u>Service Requester Ratings.</u></div><div data-section-type="1" class="ps-section" data-id="rJxWLnFKD8T" data-time="1702496686204">Service Professional acknowledges that the Platform provides Job referral only to Service Professionals who maintain high standards of professionalism and quality of service. Service Professional acknowledges that Service Requester may rate and review a Service Professional at the end of every booking. To ensure that the Platform remains a reliable platform, Service Professional agrees to maintain a Service Requester rating at or above the minimum rating established by Company for access to the Platform, as modified from time to time. In the event a Service Professional's aggregate rating falls below the applicable minimum rating, Company reserves the right to deactivate the Service Professional's access to the Platform. Company agrees to provide Service Professional written notice of the minimum rating and any changes thereto.</div><div data-section-type="1" class="ps-section" data-id="B1W-UhFYPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Byz-L2FFPUa" data-time="1702496686204">2.3 <u>No Control.</u></div><div data-section-type="1" class="ps-section" data-id="S1Q-I3tFPLp" data-time="1702496686204">Service Professional shall be, at all times while this Agreement is in effect, both under the terms of this Agreement and in fact, free from Company's supervision, control and direction in the performance of the Services. Company shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professional performs the Services, the Jobs Service Professional selects, the tools and materials used by Service Professional to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professional in completing Jobs, or the manner in which Service Professional completes the Jobs. Company will not and has no right to, under any circumstances, require Service Professional to participate in training, nor does Company offer or provide training to Service Professional. Those provisions of the Agreement reserving ultimate authority in Company have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.</div><div data-section-type="1" class="ps-section" data-id="HkE-U3tFD86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJr-L3YYvUT" data-time="1702496686204">Service Professional is not obligated to personally perform the Services. Service Professional shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professional deems necessary and appropriate to complete the Services. Service Professional shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of same.</div><div data-section-type="1" class="ps-section" data-id="SyUZ83ttDLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1vZ8nKKwLa" data-time="1702496686204">Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professional, Service Professional shall require any such individuals to submit to a basic background check satisfactory to Company.</div><div data-section-type="1" class="ps-section" data-id="SJObLntFvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJYbL3tKDUp" data-time="1702496686204">Service Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required state and federal income tax withholdings, unemployment insurance, and social security taxes as to Service Professional and all persons engaged by Service Professional in the performance of the Services. Service Professional agrees that he/she is fully and solely responsible for filing, and shall file, an appropriate schedule of expenses and all other appropriate tax documents with the Internal Revenue Service in compliance with required filing periods. Service Professional shall be responsible for, and shall indemnify and hold Company harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="rJ9b82tFDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJoWLhFKPUa" data-time="1702496686204">To the extent required by applicable law, Service Professional agrees to maintain a separate set of books or records reflecting all items of income and expense associated with operating his or her business.</div><div data-section-type="1" class="ps-section" data-id="Sk2ZLnKYvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJ6-I2YYPU6" data-time="1702496686204">3. SERVICE FEES</div><div data-section-type="1" class="ps-section" data-id="ryAZU2YFP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sy1MI2KYwUT" data-time="1702496686204">3.1 <u>Service Fees.</u></div><div data-section-type="1" class="ps-section" data-id="H1gMU2FFDL6" data-time="1702496686204">Service Requester shall pay for completed Jobs through the Platform at the Prices agreed to by Service Requester at the time their Job is posted on the Platform, which shall be based on the stated parameters of the Job. Each Job made available to Service Professional on the Platform shall set forth the Timeframe, Estimated Work Time, details about the Service requested, and the estimated Service Fee the Service Professional shall be entitled to upon completion of the Job, as modified from time to time. The difference between the Price and Service Fee, if any, shall be the fee retained by Company for its referral service (Booking Fee).</div><div data-section-type="1" class="ps-section" data-id="B1ZGUnFtwLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1GMI3FtwU6" data-time="1702496686204">For purposes of New York City Local Law 140 only (to the extent applicable), the value of the services performed pursuant to this Agreement is equal to the net amount paid to Service Professional for each Job, after accounting for the pre-negotiated fees and/or platform costs (including the Booking Fee and any other fees).</div><div data-section-type="1" class="ps-section" data-id="SkQf83KFwUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1NGL3FYwLa" data-time="1702496686204">3.2 <u>Service Fee Payment.</u></div><div data-section-type="1" class="ps-section" data-id="HkBMI2FKvI6" data-time="1702496686204">Company will transmit payment to Service Professional, whether in Service Professional’s capacity as a sole proprietorship or other corporate entity, via direct deposit. So long as Service Professional has completed the steps necessary to set up a direct deposit account and provided those details to Company, Company shall then remit payment for each Job, less Company's Booking Fee and any other applicable fees within seven (7) business days following the day the Job was completed. Absent Service Professional's failure to complete the appropriate steps to arrange for payment by direct deposit, Company's failure to remit payment within seven (7) business days following the day the Job was completed shall constitute a material breach of this Agreement. For purposes of this Section 3.3, “remit” shall refer to Company’s initiation of a payment to Service Professional; provided that Company has initiated payment to Service Professional within seven (7) business days following the day the Job was completed, Company shall not be liable if the paid amount is not accessible by Service Professional within that time frame. Service Professional may request payment for a booking to be remitted sooner than as set forth above for a fee as set forth in through the Platform. Such fee will apply each time that the Service Professional requests a payment sooner than seven (7) business days following the day the Job was completed. If applicable, Company will report the payments paid to Service Professional under this Agreement by filing the appropriate Form 1099 with the Internal Revenue Service as required by law. Payment processing services for Service Professionals are provided by Stripe and are subject to the <u>Stripe Connected Account Agreement</u>, located at <a href="https://stripe.com/us/connect-account/legal">https://stripe.com/us/connect-account/legal</a>, which includes the <u>Stripe Terms of Service</u>, located at <a href="https://stripe.com/us/legal">https://stripe.com/us/legal</a> (collectively, the Stripe Services Agreement). By agreeing to this Agreement, Service Professional agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Company enabling payment processing services through Stripe, Service Professional agrees to provide Company accurate and complete information about Service Professional and Service Professional's business, and Service Professional authorizes Company to share it and transaction information related to Service Professional's use of the payment processing services provided by Stripe.</div><div data-section-type="1" class="ps-section" data-id="HyIzIhtFPUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJwzUhFFDI6" data-time="1702496686204">4. EQUIPMENT AND OPERATIONS</div><div data-section-type="1" class="ps-section" data-id="Byuz83KYP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJYM83YKPUa" data-time="1702496686204">4.1 <u>Compatible Mobile Device.</u></div><div data-section-type="1" class="ps-section" data-id="rJ9zL3KYvUp" data-time="1702496686204">Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must possess a smartphone equipped with access to the Platform (the Compatible Mobile Device).</div><div data-section-type="1" class="ps-section" data-id="SyiMInttPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r12z82YKwLT" data-time="1702496686204">4.2 <u>Pro Portal.</u></div><div data-section-type="1" class="ps-section" data-id="S1pfLhFFDLa" data-time="1702496686204">Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must download Company's Service Professional mobile application (the Pro Portal) onto the Compatible Mobile Device used by the Service Professional. If location services are enabled on a Service Professional’s Compatible Mobile Device, Company will collect the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device from the Pro Portal for a period of time starting 4 hours prior to the scheduled start of a Job and ending 2 hours following the scheduled end of a Job for the purpose of (i) providing support for the Service Professional and Service Requester to find each other and (ii) resolving disputes between the Service Professional and Service Requester about whether the Service Professional arrived for and/or completed the Job. For up to a 4 hour period prior to the scheduled start of a Job, Company may also share the Service Professional's Location Coordinates with the Service Requester for the same purposes. In addition, at any point, Company may collect the Location Coordinates of the Compatible Mobile Device on which the Pro Portal is installed for the purpose of notifying a Service Professional of Jobs that are posted on short notice by Service Requesters in the Service Professional's vicinity. Service Professional shall have no obligation to accept any Job offered in this manner. Company may also disclose the Service Professional's Location Coordinates and contact information as required by applicable law, to authorized service providers, or when Company believes that such disclosure is necessary to protect the rights, property, or safety of Company, Platform users, Service Requesters, or others. Company has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Service Professional provides the Services contemplated by this Agreement, or the frequency with which the Service Professional uses the Platform to book Jobs. Company retains Location Coordinates information for purposes of resolving disputes between the Service Professional and Service Requester about whether the Service Professional arrived for and/or completed the Job and retains de-identified Location Coordinates data indefinitely. By executing this Agreement, Service Professional agrees to the use and disclosure of Location Coordinates information as described above.</div><div data-section-type="1" class="ps-section" data-id="HyRfLnFKPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bky7U3YtPUp" data-time="1702496686204">4.3 <u>Costs of Operation.</u></div><div data-section-type="1" class="ps-section" data-id="H1lmInKKPUp" data-time="1702496686204">Service Professional is solely responsible for any costs or expenses incurred by Service Professional in connection with the operation of Service Professional’s business and the performance of the Services. Service Professional shall furnish and maintain, at Service Professional's own expense, the tools, equipment, supplies, and other materials used to perform the Services. Service Professional, at Service Professional's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.</div><div data-section-type="1" class="ps-section" data-id="SJ-QIhKFDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1G7U3KtDUT" data-time="1702496686204">4.4 <u>Company Apparel or Identification.</u></div><div data-section-type="1" class="ps-section" data-id="SJmmU2tKDUa" data-time="1702496686204">Service Professional will have no obligation to wear or display Company branded apparel, badge or other form of identification.</div><div data-section-type="1" class="ps-section" data-id="SJVQ83tYPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkH7I3KKwLa" data-time="1702496686204">4.5 <u>Use of Voice, Image and Likeness.</u></div><div data-section-type="1" class="ps-section" data-id="Bk8Q82YKDLT" data-time="1702496686204">Service Professional gives Company permission to use any and all of Service Professional's voice, image, likeness, and any ratings and reviews from Service Requesters about Service Professional, with or without using Service Professional's name, in connection with the products and/or services available through the Platform, for the purposes of advertising and promoting such products and/or services and/or the Platform itself, for the purposes of identifying Service Professional to Service Requester, except to the extent expressly prohibited by law. In addition to the foregoing, Service Professional may be required to submit an image for use by the Platform to facilitate identifying Service Professional with Service Requesters. Service Professional also represents and warrants the Service Professional owns the copyright of any image or likeness that the Service Professional provides to Company.</div><div data-section-type="1" class="ps-section" data-id="SkPm8ntYvIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJd7IntKPUa" data-time="1702496686204">4.6 <u>Call and SMS Data.</u></div><div data-section-type="1" class="ps-section" data-id="HytXU3YFwU6" data-time="1702496686204">Service Professional agrees to Company's use of a service provider to mask the Service Professional's phone number when the Service Professional calls or exchanges text (SMS) messages with the Service Requester. To facilitate this process, Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. Service Professional consents to the masking process described above and to Company's use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="Hy5QLhttDLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkiQI2FKDL6" data-time="1702496686204">Service Professional also consents to Company's sending text (SMS) messages directly to the Service Professional as described in the Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="S1hQInKYDLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJ678ntKwI6" data-time="1702496686204">5. RELATIONSHIP OF THE PARTIES</div><div data-section-type="1" class="ps-section" data-id="H1AXU3KYPIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJy4LhtFv8a" data-time="1702496686204">Service Professional is an independent contractor. Service Professional represents that he or she is customarily engaged in an independently established trade, occupation, profession and/or business offering the Services to the general public and/or Service Professional represents that he or she maintains a principal place of business in connection with Service Professional’s trade, occupation, profession and/or business that is eligible for a business deduction for federal income tax purposes. This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Service Professional and Company or any Service Requester for any purpose. Service Professional has no authority (and shall not hold himself or herself out as having authority) to bind Company and Service Professional shall not make any agreements or representations on Company's behalf without Company's prior written consent. Service Professional understands that Service Professional will not be eligible to participate in any benefit plans offered to Company's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Company to its employees. <strong>Company will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Service Professional's behalf</strong>. Service Professional shall be responsible for, and shall indemnify and hold Company harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="Skl4UnYKvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyW482YKwLp" data-time="1702496686204">6. REPRESENTATIONS AND WARRANTIES</div><div data-section-type="1" class="ps-section" data-id="ryMVIhFFv8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1XV8hKFDIT" data-time="1702496686204">Service Professional represents and warrants to Company that: (a) Service Professional has, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional have the legal right to provide the Services that are contemplated by this Agreement in the United States; (b) Service Professional is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are fully-licensed (to the extent required by applicable law) and authorized to provide the Services contemplated by this Agreement within the jurisdiction in which Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional intend to offer said Services, and have the required skill, experience, and qualifications to perform the Services; (c) Service Professional shall perform the Services in accordance with best industry standards for similar services and shall ensure that all assistants, helpers, subcontractors and other personnel used by the Service Professional in relation to the delivery of Services shall do likewise, including the completion of all Jobs referred to Service Professional that he/she opts to accept through the Platform; (d) Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional shall perform the Services in accordance with all applicable laws, rules and regulations; (e) Service Professional has the right to and does advertise and hold itself out to the public as available to provide the same or similar services as those provided under this Agreement; (f) Service Professional has the right to and does contract with other businesses to provide the same or similar services as those provided under this Agreement and maintains a clientele without restrictions from Company or the Service Requester; and (g) Service Professional maintains a business location that is separate from the business or work location of Company or the Service Requester.</div><div data-section-type="1" class="ps-section" data-id="B14EI3tYPI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJBNI3tFw8a" data-time="1702496686204">For Service Professionals performing the Services in Washington State, Service Professional shall, within a reasonable period of time after this Agreement is electronically signed, establish an account with the Department of Revenue and all other required state agencies, for the business Service Professional is conducting for the payment of all state taxes normally paid by employer and businesses. Service Professional further agrees, within a reasonable period of time after this Agreement is electronically signed, to register for and receive a unified business identifier number from Washington State.</div><div data-section-type="1" class="ps-section" data-id="HJL48nYtvLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJv48hYFwI6" data-time="1702496686204">Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="r1dEInYFw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJFVU2FFPU6" data-time="1702496686204">7. INDEMNIFICATION</div><div data-section-type="1" class="ps-section" data-id="HkqN8htFvUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkjVL3FYw8T" data-time="1702496686204">Service Professional shall defend, indemnify and hold harmless Company and its affiliates, parents, subsidiaries, and partners and their respective officers, directors, employees, agents, successors, and assigns and any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the Platform from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Service Professional's acts or omissions, which shall include any acts or omissions of any assistants, helpers, subcontractors or other personnel engaged by Service Professional; and (b) Service Professional's breach of any representation, warranty, or obligation under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SynELhKFwUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJ6VI3FtP8T" data-time="1702496686204">The Services that Service Professional provides pursuant to this Agreement are fully and entirely Service Professional's responsibility. Company is not responsible or liable for the actions or inactions of a Service Requester or other third party in relation to the Services provided by Service Professional. Service Professional understands, therefore, that by using the Platform, Service Professional will be introduced to third parties in relation to whom Company has not conducted any background or reference checking, that may be potentially dangerous, and that Service Professional uses the Platform at his/her own risk.</div><div data-section-type="1" class="ps-section" data-id="rkC4InKtD8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkkHLnFKPIT" data-time="1702496686204">8. INSURANCE</div><div data-section-type="1" class="ps-section" data-id="BygBLhKFvLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJZS8nFYvL6" data-time="1702496686204">It is the sole responsibility of the Service Professional to maintain in full force and effect commercial and general liability (in no case less than $1,000,000 per occurrence), adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to Handy, with policy limits sufficient to protect and indemnify Handy and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, parents, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Professional or Service Professional's assistants, agents, contractors, servants, or employees. Service Professional shall name Handy and its affiliates as additional insureds under the applicable policies and provide proof to Handy of such insurance before Service Professional provides any such services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HyzHU3tYwLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy7HLhKtvUa" data-time="1702496686204">9. TERM; TERMINATION</div><div data-section-type="1" class="ps-section" data-id="rk4H8htKvLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJSSUnFFD8T" data-time="1702496686204">9.1 <u>Term.</u></div><div data-section-type="1" class="ps-section" data-id="Sy8HInKKw8a" data-time="1702496686204">This Agreement shall be effective as of the date it is executed by Service Professional and shall remain in effect unless and until terminated as set forth in this Section 9 (the Term). Service Professional understands that Company may temporarily deactivate Service Professional's profile on Platform in the event that Service Professional is inactive on the Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Company shall reactivate Service Professional's profile upon request from Service Professional.</div><div data-section-type="1" class="ps-section" data-id="SJwHL3FtwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJ_rUnttwI6" data-time="1702496686204">The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Service Professional the right to choose when to make himself or herself available and each Job referred and accepted is treated as a separate service arrangement.</div><div data-section-type="1" class="ps-section" data-id="rkFBLnKYPLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkqHI2YtwIa" data-time="1702496686204">9.2 <u>Termination.</u></div><div data-section-type="1" class="ps-section" data-id="B1sBI3KFPI6" data-time="1702496686204">(a) Company and Service Professional may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Company's failure to timely remit Service Fees as described herein, Service Professional's repeated failure to complete a Job he or she has booked on the platform to the Service Requester’s satisfaction, Service Professional's failure to meet the applicable minimum rating, or if a Service Professional cancels or reschedules two (2) or more Jobs he or she has booked on less than 2 hours' notice prior to the applicable Job start time within any twenty-eight (28) day period.</div><div data-section-type="1" class="ps-section" data-id="ry2rU3ttw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk6rIhKKwUT" data-time="1702496686204">In the event there is a dispute whether Company or Service Professional materially breached the agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration, unless Service Professional exercises his/her right to opt out of arbitration, as described in Section 12.2, below.</div><div data-section-type="1" class="ps-section" data-id="SyRB82FtD8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1kLI3FFw8a" data-time="1702496686204">(b) In addition to the foregoing, Service Professional may terminate the Agreement for any reason upon fifteen (15) days' written notice.</div><div data-section-type="1" class="ps-section" data-id="r1eIU2YFDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyZL8nKFwI6" data-time="1702496686204">9.3 <u>Service Professional's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="H1fU8hFYD86" data-time="1702496686204">Upon termination of this Agreement for any reason, Service Professional shall: (a) complete any outstanding Jobs Service Professional has booked (the Outstanding Jobs) and (b) certify in writing to Company that Service Professional has complied with the requirements of this Section.</div><div data-section-type="1" class="ps-section" data-id="BkXIU2ttDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkVLUnYKPIT" data-time="1702496686204">9.4 <u>Company's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="r1rUInttv8p" data-time="1702496686204">Upon termination of this Agreement: (a) if the termination is effected by Company, Company shall immediately pay to Service Professional any outstanding earned Service Fees; or (b) if the termination is effected by Service Professional, Company shall pay to Service Professional any outstanding earned Service Fees within seven (7) business days. In either event, Company shall pay Service Fees for any Outstanding Jobs as soon as practicable after Service Professional has completed the Outstanding Jobs.</div><div data-section-type="1" class="ps-section" data-id="SyI8LnFtD86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1v8UnFYvUp" data-time="1702496686204">9.5 <u>Surviving Provisions.</u></div><div data-section-type="1" class="ps-section" data-id="B1_8LhtYDIT" data-time="1702496686204">The terms and conditions of this Section 9.5 and Sections 5, 6, 7, 9.3, 9.4, 10, 11, and 12 (including, but not limited to, Section 12.2) shall survive the expiration or termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SyYLU2tFPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r15LI3KYPL6" data-time="1702496686204">10. OTHER BUSINESS ACTIVITIES; NON-EXCLUSIVITY</div><div data-section-type="1" class="ps-section" data-id="HysI83YtwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkhLUntKvUT" data-time="1702496686204">Service Professional may be engaged or employed in any other business, trade, profession, or other activity, including providing Services to customers booked through means other than the Platform, including other web-based portals, smartphone applications, and/or platforms. Company has no obligation to utilize Service Professional under this Agreement and may use other providers to perform the same or similar services as those that may be performed by Service Professional under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HJTLInYtvUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ry0IL3FtDLa" data-time="1702496686204">11. ASSIGNMENT</div><div data-section-type="1" class="ps-section" data-id="HyyP8hKYD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SygPInKFvIa" data-time="1702496686204">Service Professional may not assign this Agreement, absent written authorization by Company. This provision shall not be construed as limiting Service Professional’s right to engage personnel to assist in the Services as set forth in this Agreement. Company may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="HJWDU2tKwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyfDUhtKDIa" data-time="1702496686204">12. DISPUTE RESOLUTION; GOVERNING LAW</div><div data-section-type="1" class="ps-section" data-id="H1Xw82FKvUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk4wU3KFPLa" data-time="1702496686204">12.1 <u>Informal Negotiations.</u></div><div data-section-type="1" class="ps-section" data-id="rJHDUhKYP86" data-time="1702496686204">To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Service Professional and Company, Service Professional and Company agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice of the dispute, controversy, or claim. Service Professional's address for such notices is the address provided by Service Professional to Company. Company's address for such notices is 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204.</div><div data-section-type="1" class="ps-section" data-id="r1IP8hYKvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkDvU3YFPLp" data-time="1702496686204">12.2 <u>Mutual Arbitration Provision.</u></div><div data-section-type="1" class="ps-section" data-id="Sy_v8hFFDIa" data-time="1702496686204">COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO THE RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE IN ARBITRATION, as set forth below. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall survive the termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HyKw8hFYwLa" data-time="1702496686204">Except as expressly provided below, this Mutual Arbitration Provision shall apply to any and all Claims (as defined below) between you and Company, including, but not limited to, any Company d/b/as, affiliates, subsidiaries, parents, successors and assigns and each of Company’s respective officers, directors, investors, insurers, employees, agents, or shareholders. This Mutual Arbitration Provision shall also apply to any and all disputes and/or claims between you and any third-party entity in any way involved in making available, arranging and/or facilitating the Services. The parties agree that the third-parties referenced in this paragraph are intended third-party beneficiaries of this Mutual Arbitration Provision. The parties agree that any disputes and/or claims regarding the application of this Mutual Arbitration Provision to any such third-parties referenced in this paragraph shall be resolved exclusively by an arbitrator. For avoidance of doubt, Service Requesters are not considered “third parties” for purposes of this paragraph.</div><div data-section-type="1" class="ps-section" data-id="Sy5vU3KtPIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sysv83YKvUT" data-time="1702496686204">EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES AND/OR CLAIMS BETWEEN YOU AND COMPANY SHALL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.</div><div data-section-type="1" class="ps-section" data-id="Sk3wU3YYvLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJpP82KYvLa" data-time="1702496686204">Disputes and claims covered by this Mutual Arbitration Provision include, but are not limited to, any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and any and all prior versions thereof (including the formation, breach, termination, enforcement, interpretation or validity thereof), the Service Professional's classification as an independent contractor, Service Professional’s provision of Services under this Agreement, the payments received by Service Professional for providing Services, Service Professional’s registration to use the Platform, disputes with any entity or individual arising out of or related to the use of the Platform, background checks, privacy, trade secrets, unfair competition, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, retaliation, discrimination or harassment and claims arising under the Fair Credit Reporting Act, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, state or local statutes or regulations addressing the same or similar subject matters, and all other aspects of the Service Professional's relationship with Company whether arising under federal, state or local statutory and/or common law. The parties further agree that this Mutual Arbitration Provision covers all claims or disputes between you and a third-party concerning the provision of any background check of you by a consumer reporting agency and claims or disputes between you and any other third-party entity involved in requesting or in any way involved in making available, arranging and/or facilitating the Services.</div><div data-section-type="1" class="ps-section" data-id="Sy0vU2KKDLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJyO8nFFPLp" data-time="1702496686204"><strong>Except as stated in Section 12.2(d), below, only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, validity, enforceability, conscionability, and/or formation of this Mutual Arbitration Provision.</strong></div><div data-section-type="1" class="ps-section" data-id="SklOInKFwIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sk-_83KtPLa" data-time="1702496686204">(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Service Professional must be delivered to: Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204.</div><div data-section-type="1" class="ps-section" data-id="BkMdI2ttw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJ7dU3tYP8T" data-time="1702496686204">(b) <strong><u>CLASS ACTION WAIVER-PLEASE READ.</u></strong> COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION AND/OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS ACTION AND/OR COLLECTIVE ACTION (CLASS ACTION WAIVER). COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BOTH ARE WAIVING THE RIGHT TO BRING, PURSUE OR HAVE A CLAIM OR DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.</div><div data-section-type="1" class="ps-section" data-id="rJEuLhtKPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1rd8nFKwUT" data-time="1702496686204">(c)<strong><u>REPRESENTATIVE ACTION WAIVER-PLEASE READ</u></strong> Company and Service Professional mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a representative action, and an arbitrator shall not have any authority to arbitrate a representative action ("Representative Action Waiver").</div><div data-section-type="1" class="ps-section" data-id="HJIOIhFtvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1D_8htFPU6" data-time="1702496686204">(d) Notwithstanding any other clause contained in this Agreement, this Mutual Arbitration Provision, or the AAA Rules, as defined below, any claim that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, invalid, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. As stated above, all other disputes regarding interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="Bydd8hYKDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJK_L3FKDI6" data-time="1702496686204">(e) Service Professional agrees and acknowledges that entering into this Mutual Arbitration Provision does not change Service Professional's status as an independent contractor in fact and in law, that Service Professional is not an employee of Company or any Service Requester and that any disputes in this regard shall be determined solely by an arbitrator and subject to final and binding arbitration as provided in this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="BJq_82tYDLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJsOLhtYP8T" data-time="1702496686204">(f) Unless Company and Service Professional otherwise mutually agree in a signed writing, the arbitration will be conducted in the county where Service Professional resides. If Service Professional’s claim does not exceed $10,000 (including attorneys' fees), then the arbitration will be conducted solely on the basis of documents Company and Service Professional submit to the arbitrator, unless Service Professional requests a hearing or the arbitrator determines that a hearing is necessary. Unless Company and Service Professional both waive the right to a hearing in writing, a hearing shall always be conducted if Service Professional’s claim exceeds $10,000 (including attorneys' fees).</div><div data-section-type="1" class="ps-section" data-id="rkhdLntFvLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hkp_8nFtwIT" data-time="1702496686204">The Arbitrator shall be selected by mutual agreement of Company and Service Professional. Unless Company and Service Professional mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted, and who has experience in the underlying subject matter. If the parties cannot agree on the Arbitrator, the selection of the Arbitrator shall be governed by the American Arbitration Association Consumer Arbitration Rules ("AAA Rules").</div><div data-section-type="1" class="ps-section" data-id="SkCOLhKtDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByJtIntFP86" data-time="1702496686204">Regardless of whether the Arbitrator is affiliated with the American Arbitration Association, the parties agree that any arbitration shall be governed by the AAA Consumer Arbitration Rules (including the AAA Consumer Arbitration Fee schedule) in effect at the time the arbitration is initiated, except as follows (unless and to the extent otherwise mutually agreed in writing by Company and Service Professional):</div><div data-section-type="1" class="ps-section" data-id="BJlKInFYDUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1bYIhYtP8a" data-time="1702496686204">(1) The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney or a retired federal or state judicial officer with experience in the law underlying the dispute;</div><div data-section-type="1" class="ps-section" data-id="HJzKUhFYw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1XKI2FFwIT" data-time="1702496686204">(2) The Arbitrator's fees shall be apportioned in accordance with applicable law as determined by the Arbitrator;</div><div data-section-type="1" class="ps-section" data-id="r1NFIhFFDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkBKIhKYPIa" data-time="1702496686204">(3) Unless applicable law requires otherwise, and notwithstanding anything to the contrary in the applicable AAA rules or fee schedule(s), Company and you shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings;</div><div data-section-type="1" class="ps-section" data-id="rk8Y8nFFw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1PtUnFFwIa" data-time="1702496686204">(4) The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes;</div><div data-section-type="1" class="ps-section" data-id="S1OY8hYtPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryFY8ntFwIT" data-time="1702496686204">(5) Except as provided in the Class Action Waiver and Representative Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable;</div><div data-section-type="1" class="ps-section" data-id="HycFI2tFwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rysYL2tFPIa" data-time="1702496686204">(6) The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions;</div><div data-section-type="1" class="ps-section" data-id="Sk2tU3tKvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJptL2FKPU6" data-time="1702496686204">(7) The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law;</div><div data-section-type="1" class="ps-section" data-id="ryAYU3YYvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1JcL3KKvI6" data-time="1702496686204">(8) Either Company or Service Professional may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 12.2 may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="H1lcUhFYvIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJ-9L2KYvIT" data-time="1702496686204">(g) Regardless of any other terms of this Agreement or Mutual Arbitration Provision, nothing prevents Service Professional from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 12.2, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any required conditions precedent and/or exhausting required administrative remedies under applicable law before bringing a claim in arbitration. Company will not retaliate against Service Professional for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.</div><div data-section-type="1" class="ps-section" data-id="rJzcI3tKD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk7cLhYFvIa" data-time="1702496686204">(h) The AAA Rules may be found at www.adr.org or by searching for AAA Consumer Arbitration Rules or by calling the AAA at 1-800-778-7879.</div><div data-section-type="1" class="ps-section" data-id="B1NcI2tKP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkS5LnttvUa" data-time="1702496686204">(i) <u>Service Professional’s Right to Opt Out of Arbitration</u>. Arbitration is not a mandatory condition of Service Professional’s contractual relationship with Company, and therefore Service Professional may submit a statement notifying Company that Service Professional wishes to opt out and not be subject to this Mutual Arbitration Provision. In order to opt out, Service Professional must notify Company of Service Professional’s intention to opt out by submitting to Company at Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, a signed and dated written notice stating that Service Professional is opting out of this Mutual Arbitration Provision. Service Professional also may opt out by sending an email to optout@angi.com stating Service Professional’s intention to opt out. In order to be effective, Service Professional’s opt out notice must be provided within 30 days of the date this Agreement is electronically signed by Service Professional ("Effective Date"). If Service Professional opts out as provided in this paragraph, Service Professional will not be subject to any adverse action from Company as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If Service Professional does not opt out within 30 days of the Effective Date of this Agreement, Service Professional and Company shall be deemed to have mutually and voluntarily agreed to this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="r1UcL2FFPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyPcLnYYDIT" data-time="1702496686204">Service Professional acknowledges and agrees that if Company modifies any provision of this Agreement other than any term of this Section 12.2, Service Professional will not have a renewed opportunity to opt out of arbitration.</div><div data-section-type="1" class="ps-section" data-id="SJu9U3FKvL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Byt9LhKKvL6" data-time="1702496686204">If, however, Company modifies this Mutual Arbitration Provision after the date you first agreed to this Agreement (or any subsequent changes to the Agreement), you may reject any such change to the Mutual Arbitration Provision by providing Company written notice of such rejection within 30 days of the date below. This written notice must be provided either (a) by Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, or (b) by email from the email address associated with your account to: <u>optout@angi.com</u>. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to the Mutual Arbitration Provision. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Company in accordance with the provisions of this Mutual Arbitration Provision as of the date you first agreed to this Agreement (or any subsequent changes to the Agreement).</div><div data-section-type="1" class="ps-section" data-id="Sk99LhFtwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJo9L2FKPI6" data-time="1702496686204">(j) <u>Right To Consult With A Lawyer:</u> Service Professional has the right to consult with private counsel of Service Professional's choice for independent legal advice with respect to any aspect of this Agreement or Mutual Arbitration Provision, or any claim that may be subject to this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="Hy2q8nKKPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1a5U2tFDU6" data-time="1702496686204">(k) In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, or representative general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Class Action Waiver and/or Representative Action Waiver is unenforceable, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.</div><div data-section-type="1" class="ps-section" data-id="ByCqI2KKP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk1jU3tKPLa" data-time="1702496686204">12.3 <u>Governing Law.</u></div><div data-section-type="1" class="ps-section" data-id="rygiLhKYPLp" data-time="1702496686204">Except for the Mutual Arbitration Provision set forth in Section 12.2, and except as may be prohibited by the law of the State in which Service Professional primarily works and resides, this Agreement shall be governed and interpreted pursuant to the laws of the state in which the Service Professional performs the majority of his or her services under the Agreement, notwithstanding any principles of conflicts of law. The Mutual Arbitration Provision set forth in Section 12.2 shall be enforced under the Federal Arbitration Act, or if it is deemed inapplicable for any reason, then under the laws of the State of Delaware, notwithstanding any principles of conflicts of law.</div><div data-section-type="1" class="ps-section" data-id="Hk-oU3YtPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJfjUhKFDLp" data-time="1702496686204">13. SERVICE REQUESTER PRIVACY</div><div data-section-type="1" class="ps-section" data-id="Hk7s8nKtvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B14iU2FKvLT" data-time="1702496686204">Service Professional understands that in performing the Services, he or she will receive certain private and/or confidential information regarding the Service Requesters and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon written consent by the Service Requester, Service Professional agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the Service Requesters, including addresses, telephone numbers and/or financial information. Service Professional further agrees not to engage in any activity which violates the privacy of any Service Requester, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Service Requester or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="S1HsU2Ftw86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1LsI3FYvU6" data-time="1702496686204">14. MODIFICATION</div><div data-section-type="1" class="ps-section" data-id="SJPoLhFYDLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1OsUntFwUp" data-time="1702496686204">Service Professional hereby expressly acknowledges and agrees that, by using or receiving access to the Platform, Service Professional and Company are bound by the then-current version of this Agreement, including any supplements to this Agreement or documents incorporated herein, including the Schedules below, except as stated in Section 12.2(i) with respect to a Service Professional’s right to opt-out of the arbitration. Service Professional shall be bound by modifications to this Agreement only upon Service Professional’s electronically signing any modifications or supplements.</div><div data-section-type="1" class="ps-section" data-id="BytjLnKtPI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJ9jI2YtwIa" data-time="1702496686204">15. DEFEND TRADE SECRETS ACT OF 2016</div><div data-section-type="1" class="ps-section" data-id="rJiiUhtFPLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy3o8nKYDUa" data-time="1702496686204">Service Professional acknowledges receipt of the following notice under 18 U.S.C § 1833(b)(1): An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.</div><div data-section-type="1" class="ps-section" data-id="r16oLhtKD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkRs8ntFDLa" data-time="1702496686204">16. MISCELLANEOUS</div><div data-section-type="1" class="ps-section" data-id="ryknU3KtDIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hkeh8htFD8p" data-time="1702496686204">All notices other than those required by Section 3.1 and Section 12, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or electronic mail (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). This Agreement, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement may be executed in multiple counterparts, including by facsimile or other electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.</div><div data-section-type="1" class="ps-section" data-id="Hk-hU3YKwIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1Gh82YFvUa" data-time="1702496686204">This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Company's website or the Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims, except as expressly set forth in Section 12.2.</div><div data-section-type="1" class="ps-section" data-id="HyX3U3tKv8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ry43InKKPLp" data-time="1702496686204">Service Professional acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Service Professional's own expense, prior to signing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJr3L3KYDUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJUhU2KKPUa" data-time="1702496686204">BY CHECKING THE BOX STATING I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT, YOU HEREBY AGREE TO THIS SERVICE PROFESSIONAL AGREEMENT AND AGREE TO ACT IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.</div><div data-section-type="1" class="ps-section" data-id="BkwhInKYwLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJd3LnttvU6" data-time="1702496686204">You understand that your electronic signature is as legally binding as a handwritten signature.</div><div data-section-type="1" class="ps-section" data-id="B1Y2IhKtwLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Syc3U3tYvIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hyo283KFDU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy22LnFtDLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1ahL2KFPLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyAhL2tFP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1168hYYwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJxpI2Ftv8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy-6IhtYwIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyMTIhtYvIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJXaU2FtPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hk4aI3FFP8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJB6U2ttwLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="By86L3FFPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJwTIhtKwLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="By_T82tYDI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJtaUhKtD8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1568ntFvIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJiT83YFDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sk26U3KYwUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1TT8hYKPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryApL3YKw8T" data-time="1702496686204">SCHEDULE 1</div><div data-section-type="1" class="ps-section" data-id="ByyCUhtYvU6" data-time="1702496686204">Service Professional acknowledges he or she is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are licensed (to the extent required by applicable law), qualified and otherwise authorized to provide, among the Services listed below, only those Services selected by the Service Professional during the sign-up process or in the Pro Portal:</div><div data-section-type="1" class="ps-section" data-id="S1e0L3YKwIa" data-time="1702496686204">Home Cleaning</div><div data-section-type="1" class="ps-section" data-id="HJW0U3YFvL6" data-time="1702496686204">Furniture Assembly</div><div data-section-type="1" class="ps-section" data-id="S1M0I2YFDLa" data-time="1702496686204">Hanging Pictures and Shelves</div><div data-section-type="1" class="ps-section" data-id="Bk7CL2KtP8a" data-time="1702496686204">Mounting Televisions</div><div data-section-type="1" class="ps-section" data-id="BkV0I3tKDI6" data-time="1702496686204">Moving Help</div><div data-section-type="1" class="ps-section" data-id="ryB0I3tFDLa" data-time="1702496686204">Interior Painting</div><div data-section-type="1" class="ps-section" data-id="ByUAUnYtvLT" data-time="1702496686204">Drain Work</div><div data-section-type="1" class="ps-section" data-id="BJvAI2KFwUT" data-time="1702496686204">AC Work</div><div data-section-type="1" class="ps-section" data-id="ryOAInYYDLT" data-time="1702496686204">Other Handyman Work</div><div data-section-type="1" class="ps-section" data-id="HJKR82FYvLT" data-time="1702496686204">Window Treatments</div><div data-section-type="1" class="ps-section" data-id="S1cRInttP86" data-time="1702496686204">Garbage Disposal Work</div><div data-section-type="1" class="ps-section" data-id="ryiRLnKtvLT" data-time="1702496686204">Toilet Work</div><div data-section-type="1" class="ps-section" data-id="Hk208nKFDLa" data-time="1702496686204">Other Plumbing Work</div><div data-section-type="1" class="ps-section" data-id="rJTA8ntYvU6" data-time="1702496686204">Smart Home Installations</div><div data-section-type="1" class="ps-section" data-id="rkRA82FtPL6" data-time="1702496686204">Ceiling and Bath Fans - Electrical</div><div data-section-type="1" class="ps-section" data-id="SJJkgI3KKP8a" data-time="1702496686204">Light Fixtures - Electrical</div><div data-section-type="1" class="ps-section" data-id="B1e1eU2KFDLT" data-time="1702496686204">Outlets - Electrical</div><div data-section-type="1" class="ps-section" data-id="SkZ1gLhtKvUT" data-time="1702496686204">Other Electrical Work</div><div data-section-type="1" class="ps-section" data-id="BkzyeIhKKPUa" data-time="1702496686204">Lawn Care</div><div data-section-type="1" class="ps-section" data-id="r17Je83ttvL6" data-time="1702496686204">Other</div><div data-section-type="1" class="ps-section" data-id="SkEJxL2KFDIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyBke8ntYwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByIJeI3YtwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1PyxUnKFDI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk_1eUhYYwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1YkgL3FYPI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJqygUnFFDUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJi1x8ntYPUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B13klUnFtD8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1pyxI3YFw8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1AklLnFFvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk1ggI3tFvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HklxgL3FFD8T" data-time="1702496686204"> <br /></div><div id="schedule_2" data-section-type="1" class="ps-section" data-id="HJbxgI3FKvIp" data-time="1702496686204"><strong> SCHEDULE 2 - LIQUIDATED DAMAGES </strong> <strong> SERVICE FAILURE/CANCELLATION</strong></div><div data-section-type="1" class="ps-section" data-id="HyGelInFKwUp" data-time="1702496686204">ALL REGIONS*</div><div data-section-type="1" class="ps-section" data-id="rJQleInFtvUT" data-time="1702496686204"> <table border="1" cellpadding="0" cellspacing="0" class="ps-section" data-id="Hk4egU2KYv8T" data-time="1702496686204" data-section-type="6"> <colgroup> <col width="473"></col> <col width="165"></col> </colgroup> <tbody class="ps-section" data-id="rJBxxU3FYw8p" data-time="1702496686204"> <tr class="ps-section" data-id="H1LgeIntFP8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="r1vegL2YFDIa" data-time="1702496686204"> <div class="ps-section" data-id="BJOlg8hKtD8p" data-time="1702496686204" data-section-type="1">Failure to start Job at time specified by, or agreed with, Service Requester and Service Requester complains</div> </td> <td class="ps-section ps-parent" data-id="SyKgeI3tFvUp" data-time="1702496686204"> <div class="ps-section" data-id="S1qeeUntKPI6" data-time="1702496686204" data-section-type="1">Fee of $15</div> </td> </tr> <tr class="ps-section" data-id="HysggIhKtD8a" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="Hk2xlLnFFPIT" data-time="1702496686204"> <div class="ps-section" data-id="ryTeeLntYvUp" data-time="1702496686204" data-section-type="1">Service Professional leaves before Job is completed and before the scheduled time has elapsed and Service Requester complains</div> </td> <td class="ps-section ps-parent" data-id="r1CelUhFFPUa" data-time="1702496686204"> <div class="ps-section" data-id="rykbeL2ttwLT" data-time="1702496686204" data-section-type="1">Fee of $15.</div> </td> </tr> <tr class="ps-section" data-id="HJl-gU2KYDU6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BybWlInYtPLp" data-time="1702496686204"> <div class="ps-section" data-id="BkGWlUhFtPIT" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 48 hours' notice but with more than 24 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="S17WgInKYvUp" data-time="1702496686204"> <div class="ps-section" data-id="SkVZlU2FtDIa" data-time="1702496686204" data-section-type="1">Fee of $10</div> </td> </tr> <tr class="ps-section" data-id="HySbgL2KFwIp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BJIWxUhtFw8p" data-time="1702496686204"> <div class="ps-section" data-id="S1Pbe8ntKwIp" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 24 hours' notice but with more than 4 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="B1_-lU2FFvLa" data-time="1702496686204"> <div class="ps-section" data-id="BJKZlL2tYPIT" data-time="1702496686204" data-section-type="1">Fee of $20</div> </td> </tr> <tr class="ps-section" data-id="By9bxLhtYvUT" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="SJsZx83YYwUT" data-time="1702496686204"> <div class="ps-section" data-id="ry3be8nYYw8a" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 4 hours' notice prior to Job start time specified by, or agreed with, Service Requester and Service Requester complains to Handy</div> </td> <td class="ps-section ps-parent" data-id="rk6blI3ttP86" data-time="1702496686204"> <div class="ps-section" data-id="HyAWgIntYPUa" data-time="1702496686204" data-section-type="1">Fee of $40</div> </td> </tr> <tr class="ps-section" data-id="S11MlU2FKwIa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="r1gzgInKKv8p" data-time="1702496686204"> <div class="ps-section" data-id="HybMgUhKYPIT" data-time="1702496686204" data-section-type="1">Service Professional fails to appear for booked Job without notice to Service Requester and Company</div> </td> <td class="ps-section ps-parent" data-id="r1GflUhFKw8a" data-time="1702496686204"> <div class="ps-section" data-id="BJmGgIhYYD86" data-time="1702496686204" data-section-type="1">Fee of $50</div> </td> </tr> <tr class="ps-section" data-id="Hy4MgUhFYP8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="rkrGgUhFYvUa" data-time="1702496686204"> <div class="ps-section" data-id="rkUGxL2FKDIT" data-time="1702496686204" data-section-type="1">Service Professional requests payment remission ahead of standard schedule</div> </td> <td class="ps-section ps-parent" data-id="ByDfg8ntFPI6" data-time="1702496686204"> <div class="ps-section" data-id="SkOGeI3KFwUp" data-time="1702496686204" data-section-type="1">Fee of up to $5 per request</div> </td> </tr> <tr class="ps-section" data-id="H1FGgLntYvLa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HkcGlI3FKwUa" data-time="1702496686204"> <div class="ps-section" data-id="rJoGxU3FKPUp" data-time="1702496686204" data-section-type="1">Service Requester cancels or reschedules on less than 12 hours' notice but with more than 30 minutes' notice prior to Job start time. No payment if cancellation is a result of reported failure to appear for booked Job without notice</div> </td> <td class="ps-section ps-parent" data-id="Bk3zgU3FKDIa" data-time="1702496686204"> <div class="ps-section" data-id="rkpfeL2YYPLT" data-time="1702496686204" data-section-type="1">Payment of $15</div> </td> </tr> <tr class="ps-section" data-id="Hy0MgL2tFvLp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BJkQeInFKwUp" data-time="1702496686204"> <div class="ps-section" data-id="r1e7gI2YKP8p" data-time="1702496686204" data-section-type="1">Service Requester cancels or reschedules on less than 30 minutes' notice</div> </td> <td class="ps-section ps-parent" data-id="HJ-QxL2ttDIT" data-time="1702496686204"> <div class="ps-section" data-id="r1fmlIhYtv8T" data-time="1702496686204" data-section-type="1">Payment equal to the entire service fee for Job, up to 2 hours <strong>(up to 3 hours in California)</strong></div> </td> </tr> <tr class="ps-section" data-id="ry7QgU2FKDUa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="SJE7gL2YtDIp" data-time="1702496686204"> <div class="ps-section" data-id="SkBmeI3FKDUa" data-time="1702496686204" data-section-type="1">Inability to perform services not attributable to a no-show or cancellation (e.g. Service Professional had difficulty opening lock with key provided, location of Job had unsafe working conditions, Job was not accurately described by Service Requester, etc.)</div> </td> <td class="ps-section ps-parent" data-id="S1UQe8hFKDLT" data-time="1702496686204"> <div class="ps-section" data-id="H1DXeU3FYDI6" data-time="1702496686204" data-section-type="1">Payment of $15</div> </td> </tr> <tr class="ps-section" data-id="SJumxLhtFDI6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HkKXeLhtKwLp" data-time="1702496686204"> <div class="ps-section" data-id="HkqXe8nKKv8a" data-time="1702496686204" data-section-type="1">Damage and/or loss of a Service Requester’s items or property</div> </td> <td class="ps-section ps-parent" data-id="B1sQeUhFYPLT" data-time="1702496686204"> <div class="ps-section" data-id="H1h7l83tKwIp" data-time="1702496686204" data-section-type="1">Fee of $5 based on the loss or as otherwise negotiated.</div> </td> </tr> <tr class="ps-section" data-id="Sy6mlU3YYw8a" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="ByRQl83tKwU6" data-time="1702496686204"> <div class="ps-section" data-id="BJJVg83tYwLT" data-time="1702496686204" data-section-type="1">Failure to return Service Requester’s key</div> </td> <td class="ps-section ps-parent" data-id="B1xElUhKFwIp" data-time="1702496686204"> <div class="ps-section" data-id="HJ-4xLhtFPL6" data-time="1702496686204" data-section-type="1">Fee of $100 based on the loss or as otherwise negotiated.</div> </td> </tr> <tr class="ps-section" data-id="rkzNlUhFKDU6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HkQNxI2tYD8a" data-time="1702496686204"> <div class="ps-section" data-id="BkNNgI2KKDLa" data-time="1702496686204" data-section-type="1">Off Platform Fee if Service Professional engages Service Requester to provide services outside of the Platform.</div> </td> <td class="ps-section ps-parent" data-id="SkBVlIhYtPLp" data-time="1702496686204"> <div class="ps-section" data-id="SJINl82FFv8p" data-time="1702496686204" data-section-type="1">Fee of $100 <strong>(not applicable in California)</strong></div> </td> </tr> </tbody> </table></div><div data-section-type="1" class="ps-section" data-id="HyPNl83FFD8p" data-time="1702496686204">* The above-referenced fee amounts are intended to act as default fees only, in the event Service Professional and Service Requester or, separately, Service Professional and Company do not negotiate a different amount.</div><div data-section-type="1" class="ps-section" data-id="Bku4e8nFFPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJF4xLnKFPL6" data-time="1702496686204"> <br /></div><div id="california_service_agreement" data-section-type="2" data-section-style="2" class="ps-section" data-id="rk9VlInKFPIp" data-time="1702496686204">FOR CALIFORNIA SERVICE PROFESSIONALS ONLY</div><div data-section-type="1" class="ps-section" data-id="SkjVgUnFtPIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S13VgLhFYPUT" data-time="1702496686204"><strong>Service Professional Agreement</strong></div><div data-section-type="1" class="ps-section" data-id="ByTNg8hYYD86" data-time="1702496686204"><strong>HANDY TECHNOLOGIES, INC.</strong> <br /><strong>SERVICE PROFESSIONAL AGREEMENT</strong> <br /><strong>FOR CALIFORNIA SERVICE PROFESSIONALS ONLY</strong></div><div data-section-type="1" class="ps-section" data-id="r10VgInYYPL6" data-time="1702496686204">This Service Professional Agreement (the Agreement) sets forth the terms and conditions whereby you, an independently-established home service provider fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed), qualified and customarily engaged in a trade, occupation and/or business to provide the services contemplated by this Agreement (the Service Professional), agree to provide certain services (as described on Schedule 1) via the web-based platform of Handy Technologies, Inc. doing business under the brand names “Angi Services” and “Handy”, a Delaware corporation, with a mailing address at 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, and its affiliates, parents, and subsidiaries (collectively, “Company”). You acknowledge that the services contemplated by this Agreement may be made available under (a) Company’s and its affiliates’ various brands, including but not limited to Handy, Angi, Angi Services, Angie’s List, and Home Advisor, and/or (b) the brands of Company’s contractual partners. Service Professional’s designated contact person, mailing address, phone number and email address is located on Service Professional’s account profile page and is incorporated herein by reference as if fully set forth herein. Service Professional is obligated to maintain this information and ensure it is current.</div><div data-section-type="1" class="ps-section" data-id="BkyreL2FFDIT" data-time="1702496686204">Service Professional agrees to download a copy of this Agreement from: <a href="https://www.handy.com/pro_terms"><u>www.handy.com/pro_terms</u></a></div><div data-section-type="1" class="ps-section" data-id="S1lHlU3tKwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkbre83YKw86" data-time="1702496686204"><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 12.2.</strong></div><div data-section-type="1" class="ps-section" data-id="rJMSe83tFwIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B17SxInKtDLa" data-time="1702496686204"><strong>1. GENERAL PROVISIONS</strong></div><div data-section-type="1" class="ps-section" data-id="S14BlI3KKwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1SrlLhYFw8a" data-time="1702496686204">1.1 <u>Background Statement.</u></div><div data-section-type="1" class="ps-section" data-id="SyUHgInKYvLa" data-time="1702496686204">Company is the creator of a technology platform that creates a marketplace to connect potential clients (Service Requesters) with fully-licensed (to the extent required by applicable law) and qualified professionals, such as Service Professional, in the business of providing home and/or office cleaning, handyperson services, plumbing services, electrical services, painting services, lawn care, home improvement and/or moving services (Services). Company provides a web-based and mobile application-based portal (the Platform) through which Service Requesters contract with Company and separately with the Service Professionals who provide Services to Service Requesters. Service Professional understands and intends that Service Professional will contract with and provide the services to Service Requesters strictly as an independently-owned and operated business enterprise, and not as an employee, worker, agent, joint venturer, partner or franchisee of Company or any Service Requester for any purpose.</div><div data-section-type="1" class="ps-section" data-id="SyvreI3FKD86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByOrlL3FFvUp" data-time="1702496686204">Company and Service Professional acknowledge and agree that the Services are outside the usual course of Company’s business and that the Services will be performed outside all of the places of Company’s business.</div><div data-section-type="1" class="ps-section" data-id="HJKBgUhKYvIa" data-time="1702496686204">1.2 <u>The Platform and Terms of Use.</u></div><div data-section-type="1" class="ps-section" data-id="By9HxLhKKwUp" data-time="1702496686204">Before receiving access to the Platform, Service Professional must also review and agree to the <a href="https://www.handy.com/terms">Terms of Use</a> of the Platform, which are incorporated herein by reference and which Service Professional acknowledges he/she has reviewed and accepted. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall control. From time to time, in their sole and complete discretion, Service Requesters will post jobs on the Platform, setting forth the nature of the Services required (the Jobs). Jobs posted will include a requested date, the general neighborhood or geographic area where the Job will take place, a time frame requested by the Service Requester (the Timeframe), and an estimate of time necessary to complete the work (the Estimated Work Time). Timeframes will be displayed on the Platform either as a specific time (i.e. 5:00 pm) or as a range (i.e., 2:00 pm to 5:00 pm). The Estimated Work Time will be displayed either as a specific time (i.e. 2 hours) or as a range (i.e., 2-3 hours). Service Professional acknowledges and agrees that s/he understands that after claiming a Job, s/he will have a negotiation period in which to discuss any aspect of the Job with the Service Requestor and to decline the Job without penalty (the Negotiation Period). There is no contractual relationship between Service Professional and Service Requestor during the Negotiation Period. If a claimed Job is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Service Requester. Service Professional and Service Requester may negotiate the terms of their contract, including the Timeframe, Estimated Work Time and Additional Payments, to be different than the base terms first set through the Platform. Company does not guarantee any minimum number of jobs will be available to Service Professional at any point during the term of this Agreement. Subject only to the limitation set forth in Section 9.1, Service Professional is not obligated to review the Jobs posted or select any Jobs posted by any Service Requester at any time. Service Professional agrees that Service Professional's name, phone number and likeness may be provided or made available to Service Requester by or on behalf of Company after the Job is booked.</div><div data-section-type="1" class="ps-section" data-id="BysSeIhFtP8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rk2BeInFFvIa" data-time="1702496686204">1.3 <u>Background Checks</u></div><div data-section-type="1" class="ps-section" data-id="BJpHxLhFKwUa" data-time="1702496686204">Before receiving access to the Platform, Service Professional must submit to and pass a background check through Company’s background check provider. After receiving access to the Platform, Company may from time-to-time, in its reasonable discretion and in accordance with applicable law, conduct additional background checks on Service Professional through Company’s background check provider. Company conducts background checks in accordance with applicable law.</div><div data-section-type="1" class="ps-section" data-id="BJAHx8hFtDLa" data-time="1702496686204">1.4 <u>Registration Processing</u></div><div data-section-type="1" class="ps-section" data-id="ryJ8eIhFKD8T" data-time="1702496686204">In select markets, Service Professional may be required to pay nonrefundable registration processing (Registration Processing Fee) in order to process Service Professional’s registration to use the Platform. Payment of the Registration Processing Fee does not guarantee a Service Professional access to or Jobs through the Platform.</div><div data-section-type="1" class="ps-section" data-id="HkeUeLhKYDIT" data-time="1702496686204"><strong>2.<u>THE SERVICES</u></strong></div><div data-section-type="1" class="ps-section" data-id="Byb8x8nKKPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkMIlI2YYw86" data-time="1702496686204">Service Professional shall be eligible to book Jobs through the Platform requesting any Services that Service Professional is fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed) and qualified to provide as specified on Schedule 1 to this Agreement and as selected by the Service Professional during the sign-up process or during Service Professional’s use of the Platform. In those jurisdictions where a license, permit, or certification is required to perform the Services, Service Professional shall, upon reasonable request, provide proof to Company of all necessary licenses, permits and/or certifications before Service Professional provides any such Services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="rJmIlLhttwLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="By48e83KtwIa" data-time="1702496686204">2.1 <u> Job Completion.</u></div><div data-section-type="1" class="ps-section" data-id="S1H8gL3FtwUp" data-time="1702496686204">Once Service Professional has booked and is contractually bound to a Job, Service Professional is contractually obligated to either complete the Job or work on the Job for the full Estimated Work Time specified by (or negotiated with) the Service Requester, whichever comes first. Repeated cancellations and/or repeated rescheduled Jobs on short-notice by Service Professional without Service Requester’s approval may result in termination of this Agreement in accordance with Section 9. Additionally, at Company’s reasonable discretion, cancellation or rescheduling by the Service Professional or Service Professional’s failure to complete a Job to the satisfaction of Service Requester may result in liquidated damages being charged to Service Professional as described in Schedule 2. Service Professional may also be entitled to a fee or liquidated damages in the event a Service Requester cancels or reschedules a Job or fails to provide satisfactory details about their Job as described in Schedule 2. Modifications to Schedule 2 will be effective upon written notification to Service Professional and will supersede any and all prior versions.</div><div data-section-type="1" class="ps-section" data-id="HkIIlU2tYPLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BywIx83KYPLp" data-time="1702496686204">Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement. Service Professional understands and agrees that Service Professional's failure to complete a Job in accordance with Service Requester's specifications detailed by or agreed with Service Requester constitutes a material breach of this Agreement. That breach may result in liquidated damages as described in Schedule 2 and/or termination of this Agreement in accordance with Section 9, unless Service Professional cures the breach either through a reduced Service Fee or completion of the Job (without additional Service Fees being charged to the Service Requester) to the satisfaction of the Service Requester. Service Professional further understands and agrees that failing to arrive at a job as specified by or agreed to with the Service Requester, without notice to Service Requester and Company, will result in Company sending a message to Service Professional asking whether Service Professional intends to keep Service Professional’s upcoming jobs. Service Professional further understands and agrees that failure to respond to Company may result in the withdrawal of upcoming referrals. Service Professional agrees that Company may refer such jobs to other service professionals. If Service Professional directly arranges with Service Requester to perform a job for which the referral was withdrawn, Service Professional will promptly notify Company of this fact.</div><div data-section-type="1" class="ps-section" data-id="HJuIlI3FYPI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyFIgL3YFv8a" data-time="1702496686204">By accepting this Agreement, Service Professional authorizes Company to withhold the amounts listed in Schedule 2 (where applicable) as payment of liquidated damages from Service Professional's Service Fees</div><div data-section-type="1" class="ps-section" data-id="Skc8lL3YFwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="r1iLe83YFwI6" data-time="1702496686204">2.2 <u>Service Requester Ratings.</u></div><div data-section-type="1" class="ps-section" data-id="Hkh8eI3ttwL6" data-time="1702496686204">Service Professional acknowledges that the Platform provides Job referral only to Service Professionals who maintain high standards of professionalism and quality of service. Service Professional acknowledges that Service Requester may rate and review a Service Professional at the end of every booking. To ensure that the Platform remains a reliable platform, Service Professional agrees to maintain a Service Requester rating at or above the minimum rating established by Company for access to the Platform, as modified from time to time. In the event a Service Professional's aggregate rating falls below the applicable minimum rating, Company reserves the right to deactivate the Service Professional's access to the Platform. Company agrees to provide Service Professional written notice of the minimum rating and any changes thereto.</div><div data-section-type="1" class="ps-section" data-id="BkaIlL2YKP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1CLe8hYFDIa" data-time="1702496686204">2.3 <u>No Control.</u></div><div data-section-type="1" class="ps-section" data-id="BJ1PeL2FYDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyewlL3FFwUT" data-time="1702496686204">Service Professional shall be, at all times while this Agreement is in effect, both under the terms of this Agreement and in fact, free from Company's supervision, control and direction in the performance of the Services. Company shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professional performs the Services, the Jobs Service Professional selects, the tools and materials used by Service Professional to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professional in completing Jobs, or the manner in which Service Professional completes the Jobs. Company will not and has no right to, under any circumstances, require Service Professional to participate in training, nor does Company offer or provide training to Service Professional. Those provisions of the Agreement reserving ultimate authority in Company have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.</div><div data-section-type="1" class="ps-section" data-id="rk-PxU2KKv8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1zwlI2KYDIa" data-time="1702496686204">Service Professional is not obligated to personally perform the Services. Service Professional shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professional deems necessary and appropriate to complete the Services. Service Professional shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of same.</div><div data-section-type="1" class="ps-section" data-id="HyXPlU3Ktw8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1VwlI3KFvLp" data-time="1702496686204">Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professional, Service Professional shall require any such individuals to submit to a basic background check satisfactory to Company.</div><div data-section-type="1" class="ps-section" data-id="BySPlI2FtvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkLvlUnYYw86" data-time="1702496686204">Service Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required state and federal income tax withholdings, unemployment insurance, and social security taxes as to Service Professional and all persons engaged by Service Professional in the performance of the Services. Service Professional agrees that he/she is fully and solely responsible for filing, and shall file, an appropriate schedule of expenses and all other appropriate tax documents with the Internal Revenue Service in compliance with required filing periods. Service Professional shall be responsible for, and shall indemnify and hold Company harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="HJwwxL2tKw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJuDg8hKYwIp" data-time="1702496686204">To the extent required by applicable law, Service Professional agrees to maintain a separate set of books or records reflecting all items of income and expense associated with operating his or her business.</div><div data-section-type="1" class="ps-section" data-id="BJtvgU3Ytw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sk5wxI2tFDU6" data-time="1702496686204">3. SERVICE FEES</div><div data-section-type="1" class="ps-section" data-id="SysDl8nKYP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BknweIhtFDIp" data-time="1702496686204">3.1 <u>Service Fees.</u></div><div data-section-type="1" class="ps-section" data-id="SJawl8htYDIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1RwxL3YFv8p" data-time="1702496686204">Service Requester shall pay for completed Jobs through the Platform at the Prices agreed to by Service Requester at the end of the Negotiation Period with the Service Provider. Each Job made available to Service Professional on the Platform shall set forth the Timeframe, Estimated Work Time, details about the Service requested, and the base Service Fee the Service Professional shall be entitled to upon completion of the Job. The difference between the Price and base Service Fee, if any, shall be the fee retained by Company for its referral service (Booking Fee).</div><div data-section-type="1" class="ps-section" data-id="HJyugU2FtvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Byx_e8hFtPLT" data-time="1702496686204">For purposes of New York City Local Law 140 only (to the extent applicable), the value of the services performed pursuant to this Agreement is equal to the net amount paid to Service Professional for each Job, after accounting for the pre-negotiated fees and/or platform costs (including the Booking Fee and any other fees).</div><div data-section-type="1" class="ps-section" data-id="ry-_xIntYP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJzOgIhttPI6" data-time="1702496686204">3.2 <u>Service Fee Payment.</u></div><div data-section-type="1" class="ps-section" data-id="BkmdeI3KtvL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkEdgIntKD86" data-time="1702496686204">Company will transmit payment to Service Professional, whether in Service Professional’s capacity as a sole proprietorship or other corporate entity, via direct deposit. So long as Service Professional has completed the steps necessary to set up a direct deposit account and provided those details to Company, Company shall then remit payment for each Job, less Company's Booking Fee and any other applicable fees within seven (7) business days following the day the Job was completed. Absent Service Professional's failure to complete the appropriate steps to arrange for payment by direct deposit, Company's failure to remit payment within seven (7) business days following the day the Job was completed shall constitute a material breach of this Agreement. For purposes of this Section 3.3, “remit” shall refer to Company’s initiation of a payment to Service Professional; provided that Company has initiated payment to Service Professional within seven (7) business days following the day the Job was completed, Company shall not be liable if the paid amount is not accessible by Service Professional within that time frame. Service Professional may request payment for a booking to be remitted sooner than as set forth above for a fee as set forth in through the Platform. Such fee will apply each time that the Service Professional requests a payment sooner than seven (7) business days following the day the Job was completed. If applicable, Company will report the payments paid to Service Professional under this Agreement by filing the appropriate Form 1099 with the Internal Revenue Service as required by law. Payment processing services for Service Professionals are provided by Stripe and are subject to the <u>Stripe Connected Account Agreement</u>, located at <a href="https://stripe.com/us/connect-account/legal">https://stripe.com/us/connect-account/legal</a>, which includes the <u>Stripe Terms of Service</u>, located at <a href="https://stripe.com/us/legal">https://stripe.com/us/legal</a> (collectively, the Stripe Services Agreement). By agreeing to this Agreement, Service Professional agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Company enabling payment processing services through Stripe, Service Professional agrees to provide Company accurate and complete information about Service Professional and Service Professional's business, and Service Professional authorizes Company to share it and transaction information related to Service Professional's use of the payment processing services provided by Stripe.</div><div data-section-type="1" class="ps-section" data-id="SyHuxL2ttDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJLueLnYYvUT" data-time="1702496686204">4. EQUIPMENT AND OPERATIONS</div><div data-section-type="1" class="ps-section" data-id="ByD_xI3ttDU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Byu_gIhtKwI6" data-time="1702496686204">4.1 <u>Compatible Mobile Device.</u></div><div data-section-type="1" class="ps-section" data-id="SyKuxL2FtPIa" data-time="1702496686204">Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must possess a smartphone equipped with access to the Platform (the Compatible Mobile Device).</div><div data-section-type="1" class="ps-section" data-id="Syque83FKvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hyoug82KKwIT" data-time="1702496686204">4.2 <u>Pro Portal.</u></div><div data-section-type="1" class="ps-section" data-id="ByndgInKYPLp" data-time="1702496686204">Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must download Company's Service Professional mobile application (the Pro Portal) onto the Compatible Mobile Device used by the Service Professional. If location services are enabled on a Service Professional’s Compatible Mobile Device, Company will collect the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device from the Pro Portal for a period of time starting 4 hours prior to the scheduled start of a Job and ending 2 hours following the scheduled end of a Job for the purpose (i) providing support for the Service Professional and Service Requester to find each other and (ii) resolving disputes between the Service Professional and Service Requester about whether the Service Professional arrived for and/or completed the Job. For up to a 2 hour period prior to the scheduled start of a Job, Company may also share the Service Professional's Location Coordinates with the Service Requester for the same purposes. Company may also disclose the Service Professional's Location Coordinates and contact information as required by applicable law, to authorized service providers, or when Company believes that such disclosure is necessary to protect the rights, property, or safety of Company, Platform users, Service Requesters, or others. Company has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Service Professional provides the Services contemplated by this Agreement, or the frequency with which the Service Professional uses the Platform to book Jobs. Service Professional has no obligation to enable location services on a Compatible Mobile Device. Company retains Location Coordinates information for purposes of resolving disputes between the Service Professional and Service Requester about whether the Service Professional arrived for and/or completed the Job and retains de-identified Location Coordinates data indefinitely. By executing this Agreement and enabling location services on a Compatible Mobile Device, Service Professional agrees to the use and disclosure of Location Coordinates information as described above.</div><div data-section-type="1" class="ps-section" data-id="rkpuxLhtKvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S10OxUhKFwUp" data-time="1702496686204">4.3 <u>Costs of Operation.</u></div><div data-section-type="1" class="ps-section" data-id="SykYxLntKvIT" data-time="1702496686204">Service Professional is solely responsible for any costs or expenses incurred by Service Professional in connection with the operation of Service Professional’s business and the performance of the Services. Service Professional shall furnish and maintain, at Service Professional's own expense, the tools, equipment, supplies, and other materials used to perform the Services. Service Professional, at Service Professional's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.</div><div data-section-type="1" class="ps-section" data-id="HJeYxUntYDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkWKgInYFD8a" data-time="1702496686204">4.4 <u>Company Apparel or Identification.</u></div><div data-section-type="1" class="ps-section" data-id="SJfKxL3YtP8p" data-time="1702496686204">Service Professional will have no obligation to wear or display Company branded apparel, badge or other form of identification.</div><div data-section-type="1" class="ps-section" data-id="BJmteUhtFwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1EtxI3YtPL6" data-time="1702496686204">4.5 <u>Use of Voice, Image and Likeness.</u></div><div data-section-type="1" class="ps-section" data-id="SJSYl8hFtDLT" data-time="1702496686204">Service Professional gives Company permission to use any and all of Service Professional's voice, image, likeness, and any ratings and reviews from Service Requesters about Service Professional, with or without using Service Professional's name, in connection with the products and/or services available through the Platform, for the purposes of advertising and promoting such products and/or services and/or the Platform itself, for the purposes of identifying Service Professional to Service Requester, except to the extent expressly prohibited by law. In addition to the foregoing, Service Professional may be required to submit an image for use by the Platform to facilitate identifying Service Professional with Service Requesters. Service Professional also represents and warrants the Service Professional owns the copyright of any image or likeness that the Service Professional provides to Company.</div><div data-section-type="1" class="ps-section" data-id="r1UYe8hYtPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1DtxI2KtvI6" data-time="1702496686204">4.6 <u>Call and SMS Data.</u></div><div data-section-type="1" class="ps-section" data-id="BkdYlLnttvIT" data-time="1702496686204">Service Professional agrees to Company's use of a service provider to mask the Service Professional's phone number when the Service Professional calls or exchanges text (SMS) messages with the Service Requester. To facilitate this process, Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. Service Professional consents to the masking process described above and to Company's use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="SyttxI2KtPL6" data-time="1702496686204">Service Professional also consents to Company's sending text (SMS) messages directly to the Service Professional as described in the Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="Sy5Fg82FYPLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJoYlInFKPUT" data-time="1702496686204">5. RELATIONSHIP OF THE PARTIES</div><div data-section-type="1" class="ps-section" data-id="BynFl8nYFvIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryatxUhYYPIp" data-time="1702496686204">Service Professional is an independent contractor. Service Professional represents that he or she is customarily engaged in an independently established trade, occupation, profession and/or business offering the Services to the general public as a sole proprietor or business entity. Service Professional represents that he or she maintains a principal place of business in connection with Service Professional’s trade, occupation, profession and/or business that is eligible for a business deduction for federal income tax purposes. Service Provider represents that he or she does work (or has done work in the past) that is the same as, or related to, the work he or she intends to find through the Platform.</div><div data-section-type="1" class="ps-section" data-id="ByAKe83YYPIT" data-time="1702496686204">This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Service Professional and Company or any Service Requester for any purpose. Service Professional has no authority (and shall not hold himself or herself out as having authority) to bind Company and Service Professional shall not make any agreements or representations on Company's behalf without Company's prior written consent. Service Professional understands that Service Professional will not be eligible to participate in any benefit plans offered to Company's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Company to its employees. <strong>Company will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Service Professional's behalf</strong>. Service Professional shall be responsible for, and shall indemnify and hold Company harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="Sky5eUhttwLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rylclL3ttD8p" data-time="1702496686204">6. REPRESENTATIONS AND WARRANTIES</div><div data-section-type="1" class="ps-section" data-id="rkb9lLhKKvU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJzcxL3YtD8T" data-time="1702496686204">Service Professional represents and warrants to Company that: (a) Service Professional has, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional have the legal right to provide the Services that are contemplated by this Agreement in the United States; (b) Service Professional is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are fully-licensed (to the extent required by applicable law) and authorized to provide the Services contemplated by this Agreement within the jurisdiction in which Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional intend to offer said Services, and have the required skill, experience, and qualifications to perform the Services; (c) Service Professional shall perform the Services in accordance with best industry standards for similar services and shall ensure that all assistants, helpers, subcontractors and other personnel used by the Service Professional in relation to the delivery of Services shall do likewise, including the completion of all Jobs referred to Service Professional that he/she opts to accept through the Platform; (d) Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional shall perform the Services in accordance with all applicable laws, rules and regulations; (e) Service Professional has the right to and does advertise and hold itself out to the public as available to provide the same or similar services as those provided under this Agreement; (f) Service Professional has the right to and does contract with other businesses to provide the same or similar services as those provided under this Agreement and maintains a clientele without restrictions from Company or the Service Requester; (g) Service Professional maintains a business location that is separate from the business or work location of Company or the Service Requester; and (h) Service Provider does work (or has done work in the past) that is the same as, or related to, the work he or she intends to find through the Platform.</div><div data-section-type="1" class="ps-section" data-id="ByXcxL3tYPUp" data-time="1702496686204">For Service Professionals performing the Services in Washington State, Service Professional shall, within a reasonable period of time after this Agreement is electronically signed, establish an account with the Department of Revenue and all other required state agencies, for the business Service Professional is conducting for the payment of all state taxes normally paid by employer and businesses. Service Professional further agrees, within a reasonable period of time after this Agreement is electronically signed, to register for and receive a unified business identifier number from Washington State.</div><div data-section-type="1" class="ps-section" data-id="HyVqe8hFYDUp" data-time="1702496686204">Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1SqlUhFKDUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyI5eLnttwI6" data-time="1702496686204">7. INDEMNIFICATION</div><div data-section-type="1" class="ps-section" data-id="Byv5xLnFKwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryu9gU2tYPI6" data-time="1702496686204">Service Professional shall defend, indemnify and hold harmless Company and its affiliates, parents, subsidiaries, and partners and their respective officers, directors, employees, agents, successors, and assigns and any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the Platform from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Service Professional's acts or omissions, which shall include any acts or omissions of any assistants, helpers, subcontractors or other personnel engaged by Service Professional; and (b) Service Professional's breach of any representation, warranty, or obligation under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Bkt5eUnKtDLp" data-time="1702496686204">The Services that Service Professional provides pursuant to this Agreement are fully and entirely Service Professional's responsibility. Company is not responsible or liable for the actions or inactions of a Service Requester or other third party in relation to the Services provided by Service Professional. Service Professional understands, therefore, that by using the Platform, Service Professional will be introduced to third parties in relation to whom Company has not conducted any background or reference checking, that may be potentially dangerous, and that Service Professional uses the Platform at his/her own risk.</div><div data-section-type="1" class="ps-section" data-id="r19cxLhFFvIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1o5lI3FKv8p" data-time="1702496686204">8. INSURANCE</div><div data-section-type="1" class="ps-section" data-id="ryhqx8nYtP86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkTclL2KYv8T" data-time="1702496686204">It is the sole responsibility of the Service Professional to maintain in full force and effect commercial and general liability (in no case less than $1,000,000 per occurrence), adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to Handy, with policy limits sufficient to protect and indemnify Handy and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, parents, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Professional or Service Professional's assistants, agents, contractors, servants, or employees. Service Professional shall name Handy and its affiliates as additional insureds under the applicable policies and provide proof to Handy of such insurance before Service Professional provides any such services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ByC9eUhtYw86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByyjeI3KFDUT" data-time="1702496686204">9. TERM; TERMINATION</div><div data-section-type="1" class="ps-section" data-id="S1eseI2ttwIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1-ogLhKtPIa" data-time="1702496686204">9.1 <u>Term.</u></div><div data-section-type="1" class="ps-section" data-id="HyfogU3FKPUp" data-time="1702496686204">This Agreement shall be effective as of the date it is executed by Service Professional and shall remain in effect unless and until terminated as set forth in this Section 9 (the Term). Service Professional understands that Company may temporarily deactivate Service Professional's profile on Platform in the event that Service Professional is inactive on the Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Company shall reactivate Service Professional's profile upon request from Service Professional.</div><div data-section-type="1" class="ps-section" data-id="rJmogLhFYwUa" data-time="1702496686204">The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Service Professional the right to choose when to make himself or herself available and each Job referred and accepted is treated as a separate service arrangement.</div><div data-section-type="1" class="ps-section" data-id="ByVigLhYFw8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkrilU2FFwL6" data-time="1702496686204">9.2 <u>Termination.</u></div><div data-section-type="1" class="ps-section" data-id="SJUixU2YKDUp" data-time="1702496686204">(a) Company and Service Professional may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Company's failure to timely remit Service Fees as described herein, Service Professional's repeated failure to complete a Job to which he or she is contractually bound to the Service Requester’s satisfaction, Service Professional's failure to meet the applicable minimum rating, or if a Service Professional cancels or reschedules two (2) or more Jobs to which he or she is contractually bound on less than 2 hours' notice prior to the applicable Job start time within any twenty-eight (28) day period.</div><div data-section-type="1" class="ps-section" data-id="SyPogI2KtwLp" data-time="1702496686204">In the event there is a dispute whether Company or Service Professional materially breached the agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration, unless Service Professional exercises his/her right to opt out of arbitration, as described in Section 12.2, below.</div><div data-section-type="1" class="ps-section" data-id="S1djxI2YKwLp" data-time="1702496686204">(b) In addition to the foregoing, Service Professional may terminate the Agreement for any reason upon fifteen (15) days' written notice.</div><div data-section-type="1" class="ps-section" data-id="SJtigLnKFwUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJcoxL3KtDIa" data-time="1702496686204">9.3 <u>Service Professional's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="BJoslUnKYPL6" data-time="1702496686204">Upon termination of this Agreement by Service Professional for any reason, Service Professional shall: (a) complete any outstanding Jobs to which Service Professional is contractually bound (the Outstanding Jobs) and (b) certify in writing to Company that Service Professional has complied with the requirements of this Section.</div><div data-section-type="1" class="ps-section" data-id="BynoeUnFtDIp" data-time="1702496686204">9.4 <u>Company's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="ry6slIhYYvIa" data-time="1702496686204">Upon termination of this Agreement: (a) if the termination is effected by Company, Company shall immediately pay to Service Professional any outstanding earned Service Fees; or (b) if the termination is effected by Service Professional, Company shall pay to Service Professional any outstanding earned Service Fees within seven (7) business days. In either event, Company shall pay Service Fees for any Outstanding Jobs as soon as practicable after Service Professional has completed the Outstanding Jobs.</div><div data-section-type="1" class="ps-section" data-id="BkRsgIhtFPLp" data-time="1702496686204">9.5 <u>Surviving Provisions.</u></div><div data-section-type="1" class="ps-section" data-id="r11ng8ntYvL6" data-time="1702496686204">The terms and conditions of this Section 9.5 and Sections 5, 6, 7, 9.3, 9.4, 10, 11, and 12 (including, but not limited to, Section 12.2) shall survive the expiration or termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJg2eU2KYPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sybne82KFP8a" data-time="1702496686204">10. OTHER BUSINESS ACTIVITIES; NON-EXCLUSIVITY</div><div data-section-type="1" class="ps-section" data-id="BJf2gUnFFPUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B172lLnttDUT" data-time="1702496686204">Service Professional may be engaged or employed in any other business, trade, profession, or other activity, including providing Services to customers booked through means other than the Platform, including other web-based portals, smartphone applications, and/or platforms. Company has no obligation to refer Jobs to Service Professional under this Agreement and may refer Jobs to other providers to perform the same or similar services as those that may be performed by Service Professional under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SkV2xUnFFPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1BnlLhtFwL6" data-time="1702496686204">11. ASSIGNMENT</div><div data-section-type="1" class="ps-section" data-id="SyUne82FYDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryD3lLnKtD8a" data-time="1702496686204">Service Professional may not assign this Agreement, absent written authorization by Company. This provision shall not be construed as limiting Service Professional’s right to engage personnel to assist in the Services as set forth in this Agreement. Company may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="rkOhxL2tYDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJKnlIntFwIa" data-time="1702496686204">12. DISPUTE RESOLUTION; GOVERNING LAW</div><div data-section-type="1" class="ps-section" data-id="rk9ngIhFYPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HJoheLnFtvU6" data-time="1702496686204">12.1 <u>Informal Negotiations.</u></div><div data-section-type="1" class="ps-section" data-id="ry3hxInFFP8a" data-time="1702496686204">To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Service Professional and Company, Service Professional and Company agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice of the dispute, controversy, or claim. Service Professional's address for such notices is the address provided by Service Professional to Company. Company's address for such notices is 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204.</div><div data-section-type="1" class="ps-section" data-id="ry63lLhtFDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy03gUhYYDUa" data-time="1702496686204">12.2 <u>Mutual Arbitration Provision.</u></div><div data-section-type="1" class="ps-section" data-id="Bk1TgI3FtvIa" data-time="1702496686204">COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO THE RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE IN ARBITRATION, as set forth below. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall survive the termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Sklal83KKPUp" data-time="1702496686204">Except as expressly provided below, this Mutual Arbitration Provision shall apply to any and all Claims (as defined below) between you and Company, including, but not limited to, any Company d/b/as, affiliates, subsidiaries, parents, successors and assigns and each of Company’s respective officers, directors, investors, insurers, employees, agents, or shareholders. This Mutual Arbitration Provision shall also apply to any and all disputes and/or claims between you and any third-party entity in any way involved in making available, arranging and/or facilitating the Services. The parties agree that the third-parties referenced in this paragraph are intended third-party beneficiaries of this Mutual Arbitration Provision. The parties agree that any disputes and/or claims regarding the application of this Mutual Arbitration Provision to any such third-parties referenced in this paragraph shall be resolved exclusively by an arbitrator. For avoidance of doubt, Service Requesters are not considered “third parties” for purposes of this paragraph.</div><div data-section-type="1" class="ps-section" data-id="rJ-px8hFtPU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJzpl82KtP86" data-time="1702496686204">EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES AND/OR CLAIMS BETWEEN YOU AND COMPANY SHALL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.</div><div data-section-type="1" class="ps-section" data-id="HJm6eInFYPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1VagLnKKvI6" data-time="1702496686204">Disputes and claims covered by this Mutual Arbitration Provision include, but are not limited to, any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and any and all prior versions thereof (including the formation, breach, termination, enforcement, interpretation or validity thereof), the Service Professional's classification as an independent contractor, Service Professional’s provision of Services under this Agreement, the payments received by Service Professional for providing Services, Service Professional’s registration to use the Platform, disputes with any entity or individual arising out of or related to the use of the Platform, background checks, privacy, trade secrets, unfair competition, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, retaliation, discrimination or harassment and claims arising under the Fair Credit Reporting Act, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, state or local statutes or regulations addressing the same or similar subject matters, and all other aspects of the Service Professional's relationship with Company whether arising under federal, state or local statutory and/or common law. The parties further agree that this Mutual Arbitration Provision covers all claims or disputes between you and a third-party concerning the provision of any background check of you by a consumer reporting agency and claims or disputes between you and any other third-party entity involved in requesting or in any way involved in making available, arranging and/or facilitating the Services.</div><div data-section-type="1" class="ps-section" data-id="SJr6g82tKPL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkITxI3YFP86" data-time="1702496686204"><strong>Except as stated in Section 12.2(d), below, only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, validity, enforceability, conscionability, and/or formation of this Mutual Arbitration Provision.</strong></div><div data-section-type="1" class="ps-section" data-id="HkwplL3tYD8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJOTgL3YYPLa" data-time="1702496686204">(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Service Professional must be delivered to: Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204.</div><div data-section-type="1" class="ps-section" data-id="SyFpeInFKwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk5agU2YtD8p" data-time="1702496686204">(b) <strong><u>CLASS ACTION WAIVER-PLEASE READ.</u></strong> COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION AND/OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS ACTION AND/OR COLLECTIVE ACTION (CLASS ACTION WAIVER). COMPANY AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BOTH ARE WAIVING THE RIGHT TO BRING, PURSUE OR HAVE A CLAIM OR DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.</div><div data-section-type="1" class="ps-section" data-id="SJoaxU2FYPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryhalLhFFPIT" data-time="1702496686204">(c)<strong><u>REPRESENTATIVE ACTION WAIVER-PLEASE READ</u></strong> Company and Service Professional mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a representative action, and an arbitrator shall not have any authority to arbitrate a representative action ("Representative Action Waiver").</div><div data-section-type="1" class="ps-section" data-id="HyTTxUhtKPUp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJATx83YFP8T" data-time="1702496686204">(d) Notwithstanding any other clause contained in this Agreement, this Mutual Arbitration Provision, or the AAA Rules, as defined below, any claim that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, invalid, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. As stated above, all other disputes regarding interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="BkkClL3tKwI6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkeRlInYFvUT" data-time="1702496686204">(e) Service Professional agrees and acknowledges that entering into this Mutual Arbitration Provision does not change Service Professional's status as an independent contractor in fact and in law, that Service Professional is not an employee of Company or any Service Requester and that any disputes in this regard shall be determined solely by an arbitrator and subject to final and binding arbitration as provided in this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="B1WRgU2FYv8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJMCg82tYvIT" data-time="1702496686204">(f) Unless Company and Service Professional otherwise mutually agree in a signed writing, the arbitration will be conducted in the county where Service Professional resides. If Service Professional’s claim does not exceed $10,000 (including attorneys' fees), then the arbitration will be conducted solely on the basis of documents Company and Service Professional submit to the arbitrator, unless Service Professional requests a hearing or the arbitrator determines that a hearing is necessary. Unless Company and Service Professional both waive the right to a hearing in writing, a hearing shall always be conducted if Service Professional’s claim exceeds $10,000 (including attorneys' fees).</div><div data-section-type="1" class="ps-section" data-id="SyQAxUnFYw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rk4Rg83tFwIp" data-time="1702496686204">The Arbitrator shall be selected by mutual agreement of Company and Service Professional. Unless Company and Service Professional mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted, and who has experience in the underlying subject matter. If the parties cannot agree on the Arbitrator, the selection of the Arbitrator shall be governed by the American Arbitration Association Consumer Arbitration Rules ("AAA Rules").</div><div data-section-type="1" class="ps-section" data-id="H1SRlU2FFvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1I0gU2YFPLT" data-time="1702496686204">Regardless of whether the Arbitrator is affiliated with the American Arbitration Association, the parties agree that any arbitration shall be governed by the AAA Consumer Arbitration Rules (including the AAA Consumer Arbitration Fee schedule) in effect at the time the arbitration is initiated, except as follows (unless and to the extent otherwise mutually agreed in writing by Company and Service Professional):</div><div data-section-type="1" class="ps-section" data-id="HJvRlI3ttP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rk_AlUntKDIT" data-time="1702496686204">(1) The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney or a retired federal or state judicial officer with experience in the law underlying the dispute;</div><div data-section-type="1" class="ps-section" data-id="SJtCgL3FYwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1cAgL3FYDL6" data-time="1702496686204">(2) The Arbitrator's fees shall be apportioned in accordance with applicable law as determined by the Arbitrator;</div><div data-section-type="1" class="ps-section" data-id="rko0eUnYKvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S130gLnFtwL6" data-time="1702496686204">(3) Unless applicable law requires otherwise, and notwithstanding anything to the contrary in the applicable AAA rules or fee schedule(s), Company and you shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings;</div><div data-section-type="1" class="ps-section" data-id="HkaAeU3YtvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ByACg83tYPIa" data-time="1702496686204">(4) The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes;</div><div data-section-type="1" class="ps-section" data-id="r111WInKKwLT" data-time="1702496686204">(5) Except as provided in the Class Action Waiver and Representative Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable;</div><div data-section-type="1" class="ps-section" data-id="HkgJWI2tKwLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJbyZLhttvIT" data-time="1702496686204">(6) The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions;</div><div data-section-type="1" class="ps-section" data-id="HJM1ZUhKFvIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Sym1-UnFtvLp" data-time="1702496686204">(7) The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law;</div><div data-section-type="1" class="ps-section" data-id="SJNyW8nKFPUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkHJWL2ttw86" data-time="1702496686204">(8) Either Company or Service Professional may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 12.2 may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="rJ8JW83FYwL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="S1DkZInttwL6" data-time="1702496686204">(g) Regardless of any other terms of this Agreement or Mutual Arbitration Provision, nothing prevents Service Professional from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 12.2, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any required conditions precedent and/or exhausting required administrative remedies under applicable law before bringing a claim in arbitration. Company will not retaliate against Service Professional for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.</div><div data-section-type="1" class="ps-section" data-id="rk_yWLntYDLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkFyZI3KFPIT" data-time="1702496686204">(h) The AAA Rules may be found at www.adr.org or by searching for AAA Consumer Arbitration Rules or by calling the AAA at 1-800-778-7879.</div><div data-section-type="1" class="ps-section" data-id="S1q1-IhFYwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkiyZU3FFvI6" data-time="1702496686204">(i) <u>Service Professional’s Right to Opt Out of Arbitration</u>. Arbitration is not a mandatory condition of Service Professional’s contractual relationship with Company, and therefore Service Professional may submit a statement notifying Company that Service Professional wishes to opt out and not be subject to this Mutual Arbitration Provision. In order to opt out, Service Professional must notify Company of Service Professional’s intention to opt out by submitting to Company at Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, a signed and dated written notice stating that Service Professional is opting out of this Mutual Arbitration Provision. Service Professional also may opt out by sending an email to optout@angi.com stating Service Professional’s intention to opt out. In order to be effective, Service Professional’s opt out notice must be provided within 30 days of the date this Agreement is electronically signed by Service Professional ("Effective Date"). If Service Professional opts out as provided in this paragraph, Service Professional will not be subject to any adverse action from Company as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If Service Professional does not opt out within 30 days of the Effective Date of this Agreement, Service Professional and Company shall be deemed to have mutually and voluntarily agreed to this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="By2JWLnKYv86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hka1-UhKtPIa" data-time="1702496686204">Service Professional acknowledges and agrees that if Company modifies any provision of this Agreement other than any term of this Section 12.2, Service Professional will not have a renewed opportunity to opt out of arbitration.</div><div data-section-type="1" class="ps-section" data-id="Sk0yZLnYKDL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HykxbU3FFvLT" data-time="1702496686204">If, however, Company modifies this Mutual Arbitration Provision after the date you first agreed to this Agreement (or any subsequent changes to the Agreement), you may reject any such change to the Mutual Arbitration Provision by providing Company written notice of such rejection within 30 days of the date below. This written notice must be provided either (a) to Handy Technologies, Inc. Attn: Legal Department, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204, or (b) by email from the email address associated with your account to: optout@angi.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to the Mutual Arbitration Provision. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Company in accordance with the provisions of this Mutual Arbitration Provision as of the date you first agreed to this Agreement (or any subsequent changes to the Agreement).</div><div data-section-type="1" class="ps-section" data-id="rJgg-82FYDLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rybe-8nFFwUT" data-time="1702496686204">(j) <u>Right To Consult With A Lawyer:</u> Service Professional has the right to consult with private counsel of Service Professional's choice for independent legal advice with respect to any aspect of this Agreement or Mutual Arbitration Provision, or any claim that may be subject to this Mutual Arbitration Provision.</div><div data-section-type="1" class="ps-section" data-id="ryzgW82FtDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Hy7gZI3KFvIp" data-time="1702496686204">(k) In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, or representative general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Class Action Waiver and/or Representative Action Waiver is unenforceable, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.</div><div data-section-type="1" class="ps-section" data-id="S1NxbU3tFwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HkHeZI3YYPUT" data-time="1702496686204">12.3 <u>Governing Law.</u></div><div data-section-type="1" class="ps-section" data-id="BJUeZLhFKvU6" data-time="1702496686204">Except for the Mutual Arbitration Provision set forth in Section 12.2, and except as may be prohibited by the law of the State in which Service Professional primarily works and resides, this Agreement shall be governed and interpreted pursuant to the laws of the state in which the Service Professional performs the majority of his or her services under the Agreement, notwithstanding any principles of conflicts of law. The Mutual Arbitration Provision set forth in Section 12.2 shall be enforced under the Federal Arbitration Act, or if it is deemed inapplicable for any reason, then under the laws of the State of Delaware, notwithstanding any principles of conflicts of law.</div><div data-section-type="1" class="ps-section" data-id="ByPlZLhYYvLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkOgZ83YYPL6" data-time="1702496686204">13. SERVICE REQUESTER PRIVACY</div><div data-section-type="1" class="ps-section" data-id="SyKxW83FtvUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Bk9e-8hFtP86" data-time="1702496686204">Service Professional understands that in performing the Services, he or she will receive certain private and/or confidential information regarding the Service Requesters and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon written consent by the Service Requester, Service Professional agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the Service Requesters, including addresses, telephone numbers and/or financial information. Service Professional further agrees not to engage in any activity which violates the privacy of any Service Requester, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Service Requester or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJjlWL2YtPIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJhe-UhFKvL6" data-time="1702496686204">14. MODIFICATION</div><div data-section-type="1" class="ps-section" data-id="SyplZL3YKDUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkAgZ8nKKwLT" data-time="1702496686204">Service Professional hereby expressly acknowledges and agrees that, by using or receiving access to the Platform, Service Professional and Company are bound by the then-current version of this Agreement, including any supplements to this Agreement or documents incorporated herein, including the Schedules below, except as stated in Section 12.2(i) with respect to a Service Professional’s right to opt-out of the arbitration. Service Professional shall be bound by modifications to this Agreement only upon Service Professional’s electronically signing any modifications or supplements.</div><div data-section-type="1" class="ps-section" data-id="SkyZWUhYKP8T" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkxbZ8nKYwUT" data-time="1702496686204">15. DEFEND TRADE SECRETS ACT OF 2016</div><div data-section-type="1" class="ps-section" data-id="Skb--U2KYPU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1GW-8nttwU6" data-time="1702496686204">Service Professional acknowledges receipt of the following notice under 18 U.S.C § 1833(b)(1): An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.</div><div data-section-type="1" class="ps-section" data-id="r17ZbUhtYv8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1Eb-8hYKPLa" data-time="1702496686204">16. MISCELLANEOUS</div><div data-section-type="1" class="ps-section" data-id="HyrZ-InKYw8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJL-ZUhKKDU6" data-time="1702496686204">All notices other than those required by Section 3.1 and Section 12, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or electronic mail (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). This Agreement, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement may be executed in multiple counterparts, including by facsimile or other electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.</div><div data-section-type="1" class="ps-section" data-id="SywbWLhFYwIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="Skd-WL3YKv8p" data-time="1702496686204">This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Company's website or the Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims, except as expressly set forth in Section 12.2.</div><div data-section-type="1" class="ps-section" data-id="S1FWW82YFwIT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryq-bI2YKwIa" data-time="1702496686204">Service Professional acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Service Professional's own expense, prior to signing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BysZZLhYKPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJhbZ82FtPU6" data-time="1702496686204">BY CHECKING THE BOX STATING I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT, YOU HEREBY AGREE TO THIS SERVICE PROFESSIONAL AGREEMENT AND AGREE TO ACT IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.</div><div data-section-type="1" class="ps-section" data-id="ByaWWL3KtPIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJCbWLhYYDUp" data-time="1702496686204">You understand that your electronic signature is as legally binding as a handwritten signature.</div><div data-section-type="1" class="ps-section" data-id="SJ1GZIhYYPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SklMWU3Ktv8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJbM-83ttDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyMz-U3FFPLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJQM-L3YFDL6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SyVGWLhKFDIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkrMWIntFvIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rkIGb83YFwIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJDG-U3KKwIp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BJuMW83FKPIa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryFMbIhFFDUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B15GZU2YKw86" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SkjzW83KtDLT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1hGWU3tYDU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rk6fWL2FFPLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="HyAzZL3tFDLa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="SJk7bI2YYvLp" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="BkgXWLhtFwUa" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="rJW7-L2FFP8a" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1z7WL3YYvUT" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="H1X7-L2YFwU6" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="B1Vm-L2FtPIa" data-time="1702496686204">SCHEDULE 1</div><div data-section-type="1" class="ps-section" data-id="r1r7W8hKYvUa" data-time="1702496686204">Service Professional acknowledges he or she is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are licensed (to the extent required by applicable law), qualified and otherwise authorized to provide, among the Services listed below, only those Services selected by the Service Professional during the sign-up process or in the Pro Portal:</div><div data-section-type="1" class="ps-section" data-id="B1UQ-IhttPI6" data-time="1702496686204">Home Cleaning</div><div data-section-type="1" class="ps-section" data-id="SyDXb83FYDIa" data-time="1702496686204">Furniture Assembly</div><div data-section-type="1" class="ps-section" data-id="S1_7b83KYw8p" data-time="1702496686204">Hanging Pictures and Shelves</div><div data-section-type="1" class="ps-section" data-id="BJFmbLhYFvU6" data-time="1702496686204">Mounting Televisions</div><div data-section-type="1" class="ps-section" data-id="rJqXbUnKFP86" data-time="1702496686204">Moving Help</div><div data-section-type="1" class="ps-section" data-id="Bks7b82FYD86" data-time="1702496686204">Interior Painting</div><div data-section-type="1" class="ps-section" data-id="rkhQWIhKtvIT" data-time="1702496686204">Drain Work</div><div data-section-type="1" class="ps-section" data-id="Sya7WLnYFwLa" data-time="1702496686204">AC Work</div><div data-section-type="1" class="ps-section" data-id="HkR7ZLhYtw8a" data-time="1702496686204">Other Handyman Work</div><div data-section-type="1" class="ps-section" data-id="B1yEWU3tFPIa" data-time="1702496686204">Window Treatments</div><div data-section-type="1" class="ps-section" data-id="BJgEb82tKv8p" data-time="1702496686204">Garbage Disposal Work</div><div data-section-type="1" class="ps-section" data-id="rkZE-UnttDIT" data-time="1702496686204">Toilet Work</div><div data-section-type="1" class="ps-section" data-id="HyfV-IhtYPLT" data-time="1702496686204">Other Plumbing Work</div><div data-section-type="1" class="ps-section" data-id="rkXV-I2tYPUa" data-time="1702496686204">Smart Home Installations</div><div data-section-type="1" class="ps-section" data-id="Sk4NWLhKtvI6" data-time="1702496686204">Ceiling and Bath Fans - Electrical</div><div data-section-type="1" class="ps-section" data-id="ByH4bLhFYv8a" data-time="1702496686204">Light Fixtures - Electrical</div><div data-section-type="1" class="ps-section" data-id="BJ8N-IhYtw8T" data-time="1702496686204">Outlets - Electrical</div><div data-section-type="1" class="ps-section" data-id="B1PNWUntFw8a" data-time="1702496686204">Other Electrical Work</div><div data-section-type="1" class="ps-section" data-id="H1_E-82FtvUp" data-time="1702496686204">Lawn Care</div><div data-section-type="1" class="ps-section" data-id="S1KEbInYYD86" data-time="1702496686204">Other</div><div id="schedule_2" data-section-type="1" class="ps-section" data-id="By5VZU3FtDUT" data-time="1702496686204"><strong> SCHEDULE 2 - LIQUIDATED DAMAGES </strong> <strong> SERVICE FAILURE/CANCELLATION</strong></div><div data-section-type="1" class="ps-section" data-id="r1sEZ83KKv8a" data-time="1702496686204">ALL REGIONS*</div><div data-section-type="1" class="ps-section" data-id="HynEZ82KFvUT" data-time="1702496686204"> <table border="1" cellpadding="0" cellspacing="0" class="ps-section" data-id="HyTVb8hKFDLT" data-time="1702496686204" data-section-type="6"> <colgroup> <col width="473"></col> <col width="165"></col> </colgroup> <tbody class="ps-section" data-id="S1AEWI2YYPIT" data-time="1702496686204"> <tr class="ps-section" data-id="SJkrZUntYv8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BygrZInYtvU6" data-time="1702496686204"> <div class="ps-section" data-id="BkZHbLhtKwLT" data-time="1702496686204" data-section-type="1">Failure to start Job at time specified by, or agreed with, Service Requester and Service Requester complains to Company</div> </td> <td class="ps-section ps-parent" data-id="HyMSbUnYFP8a" data-time="1702496686204"> <div class="ps-section" data-id="BJmBWL2ttD86" data-time="1702496686204" data-section-type="1">Fee of $15</div> </td> </tr> <tr class="ps-section" data-id="rJ4B-I2tKDIp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="SkHrb82tKDUp" data-time="1702496686204"> <div class="ps-section" data-id="rkIrWUhFKw8p" data-time="1702496686204" data-section-type="1">Service Professional leaves before Job is completed and before end of Estimated Work Time specified by (or negotiated with) Service Requester and Service Requester complains</div> </td> <td class="ps-section ps-parent" data-id="HkvHWU3KYw8p" data-time="1702496686204"> <div class="ps-section" data-id="SJOSbLhKtvIT" data-time="1702496686204" data-section-type="1">Fee of $15.</div> </td> </tr> <tr class="ps-section" data-id="S1tBZL3ttv8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="Bk5SW8nKYwIa" data-time="1702496686204"> <div class="ps-section" data-id="H1iSZ83YtwL6" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 48 hours' notice but with more than 24 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="Hk2rWI3KtwLa" data-time="1702496686204"> <div class="ps-section" data-id="rk6B-8nFFPUT" data-time="1702496686204" data-section-type="1">Fee of $10</div> </td> </tr> <tr class="ps-section" data-id="HkRSZ82YFw8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="SyyUbUnFKDUp" data-time="1702496686204"> <div class="ps-section" data-id="SylLZL2FtPUp" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 24 hours' notice but with more than 4 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="ryZUWInYYPLa" data-time="1702496686204"> <div class="ps-section" data-id="HJf8ZL2FKv86" data-time="1702496686204" data-section-type="1">Fee of $20</div> </td> </tr> <tr class="ps-section" data-id="S1QI-UhttDLa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="By4IWUhtYwLT" data-time="1702496686204"> <div class="ps-section" data-id="ryS8ZLhYKP8a" data-time="1702496686204" data-section-type="1">Service Professional cancels without Service Requester agreement on less than 4 hours' notice prior to Job start time specified by, or agreed with, Service Requester</div> </td> <td class="ps-section ps-parent" data-id="S1II-I3YtPUp" data-time="1702496686204"> <div class="ps-section" data-id="SJwUb8nFYwIp" data-time="1702496686204" data-section-type="1">Fee of $40</div> </td> </tr> <tr class="ps-section" data-id="r1_8-83ttDUp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BJFU-U2YKDIT" data-time="1702496686204"> <div class="ps-section" data-id="S1q8W8htKwUT" data-time="1702496686204" data-section-type="1">Service Professional fails to appear for booked Job without notice to Service Requester and Company</div> </td> <td class="ps-section ps-parent" data-id="r1j8-UhYtwL6" data-time="1702496686204"> <div class="ps-section" data-id="BJ2LbL2KYvUp" data-time="1702496686204" data-section-type="1">Fee of $50</div> </td> </tr> <tr class="ps-section" data-id="SJpUWL2YKwI6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="BkRIWI2tFw8a" data-time="1702496686204"> <div class="ps-section" data-id="BJkP-I3tKvL6" data-time="1702496686204" data-section-type="1">Service Professional requests payment remission ahead of standard schedule</div> </td> <td class="ps-section ps-parent" data-id="SJewWLhFtw86" data-time="1702496686204"> <div class="ps-section" data-id="S1ZwW8hFYPLT" data-time="1702496686204" data-section-type="1">Fee of up to $5 per request</div> </td> </tr> <tr class="ps-section" data-id="HJzPWU2YFv8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HJQvZL2FKPUa" data-time="1702496686204"> <div class="ps-section" data-id="SyEvWIhttwUa" data-time="1702496686204" data-section-type="1">Service Requester cancels or reschedules on less than 12 hours' notice but with more than 30 minutes' notice prior to Job start time. No payment if cancellation is a result of reported failure to appear for booked Job without notice</div> </td> <td class="ps-section ps-parent" data-id="rJBDZL2KtDLa" data-time="1702496686204"> <div class="ps-section" data-id="HyIwZIntYD8a" data-time="1702496686204" data-section-type="1">Payment of $15</div> </td> </tr> <tr class="ps-section" data-id="H1DvZI3tYwL6" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="HkdwZ8hKtvU6" data-time="1702496686204"> <div class="ps-section" data-id="r1KvbL3KFvUT" data-time="1702496686204" data-section-type="1">Service Requester cancels or reschedules on less than 30 minutes' notice</div> </td> <td class="ps-section ps-parent" data-id="BJqD-UnKFDIT" data-time="1702496686204"> <div class="ps-section" data-id="rkoDbI3Ktv8T" data-time="1702496686204" data-section-type="1">Payment equal to the entire service fee for Job, up to 2 hours <strong>(up to 3 hours in California)</strong></div> </td> </tr> <tr class="ps-section" data-id="rynD-IhFYw8T" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="rypD-L2YFP8a" data-time="1702496686204"> <div class="ps-section" data-id="ryAD-IhtFwLT" data-time="1702496686204" data-section-type="1">Inability to perform services not attributable to a no-show or cancellation (e.g. Service Professional had difficulty opening lock with key provided, location of Job had unsafe working conditions, Job was not accurately described by Service Requester, etc.)</div> </td> <td class="ps-section ps-parent" data-id="rJJdZ83KFD86" data-time="1702496686204"> <div class="ps-section" data-id="Skx_bLhYYwIT" data-time="1702496686204" data-section-type="1">Payment of $15</div> </td> </tr> <tr class="ps-section" data-id="rJbdWUhttDLp" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="S1fuWInFtvU6" data-time="1702496686204"> <div class="ps-section" data-id="HJXdWL3FYP8p" data-time="1702496686204" data-section-type="1">Damage and/or loss of a Service Requester’s items or property</div> </td> <td class="ps-section ps-parent" data-id="rkEu-U2KtvLT" data-time="1702496686204"> <div class="ps-section" data-id="HySOW83KYP86" data-time="1702496686204" data-section-type="1">Fee of $5 based on the loss or as otherwise negotiated.</div> </td> </tr> <tr class="ps-section" data-id="HJ8OWL3FKvLa" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="rkw_-U3YYvLT" data-time="1702496686204"> <div class="ps-section" data-id="B1_d-8nYtvIa" data-time="1702496686204" data-section-type="1">Failure to return Service Requester’s key</div> </td> <td class="ps-section ps-parent" data-id="BytubU2KtDIp" data-time="1702496686204"> <div class="ps-section" data-id="H1qOZLnYYDU6" data-time="1702496686204" data-section-type="1">Fee of $100 based on the loss or as otherwise negotiated.</div> </td> </tr> <tr class="ps-section" data-id="r1i_WUhFKv8a" data-time="1702496686204"> <td class="ps-section ps-parent" data-id="ByhdZI2YYDLp" data-time="1702496686204"> <div class="ps-section" data-id="Byadb82tYDLp" data-time="1702496686204" data-section-type="1">Off Platform Fee if Service Professional engages Service Requester to provide services outside of the Platform.</div> </td> <td class="ps-section ps-parent" data-id="Hy0d-U3tKDIT" data-time="1702496686204"> <div class="ps-section" data-id="ryktbL2KFP8p" data-time="1702496686204" data-section-type="1">Fee of $100 <strong>(not applicable in California)</strong></div> </td> </tr> </tbody> </table></div><div data-section-type="1" class="ps-section" data-id="HkeKbIhFtP8a" data-time="1702496686204">* The above-referenced fee amounts are intended to act as default fees only, in the event Service Professional and Service Requester or, separately, Service Professional and Company do not negotiate a different amount.</div><div data-section-type="1" class="ps-section" data-id="BkZYWL2FYv8p" data-time="1702496686204"> <br /></div><div data-section-type="1" class="ps-section" data-id="ryGtZI3FtP86" data-time="1702496686204">Last updated: Nov 22, 2022</div><div data-section-type="1" class="ps-section" data-id="r1mtZUnFKPL6" data-time="1702496686204"> <br /></div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459910" class="contract-container group-item " data-id="459910" data-key="ca-full-service-pro-agreement" data-groups="" style="display: none;"> <div class="contract-header"> <h2>CA Service Professional Agreement</h2> <div class="row"> <div class="six columns" id="version-effective-date-459910"> <label for="select-version-459910" class="select-version select-version-label">Version</label> <select name="versions-459910" id="select-version-459910" class="select-version select-version-select input-select"> <option selected value="contract-id-459910-version-65b96f42756b33de4f95b022" class="contract-id-459910-version-65b96f42756b33de4f95b022" data-version="2.0">Version 2.0  (Current)</option> <option value="contract-id-459910-version-6578a8bf0ce6cb9f9e24f168" class="contract-id-459910-version-6578a8bf0ce6cb9f9e24f168" data-version="1.0">Version 1.0</option> </select> </div> </div> </div> <div id="contract-versions-459910"> <div id="contract-id-459910-version-65b96f42756b33de4f95b022" data-vid="65b96f42756b33de4f95b022" class="version-container js-version-container-459910 " style="display: block;"> <div id="version-languages-65b96f42756b33de4f95b022" class="version-translation-container"> <div id="version-65b96f42756b33de4f95b022-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="CA Service Professional Agreement"> <div class="row"> <h5 class="effective-date" role="presentation">Effective January 30th 2024</h5> <a id="download-version-65b96f42756b33de4f95b022-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/65b96f42756b33de4f95b022.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-65b96f42756b33de4f95b022"> <div data-section-type="1" class="ps-section" data-id="Hkr8yeDqT" data-time="1706651469249"> </div><div data-section-type="1" class="ps-section" data-id="ByeHUyePcT" data-time="1706651469249">Handybook Canada ULC</div><div data-section-type="1" class="ps-section" data-id="SJ7S8kxvqa" data-time="1706651469249"> SERVICE PROFESSIONAL AGREEMENT <br /> Canada</div><div data-section-type="1" class="ps-section" data-id="HyeRwf9UH6" data-time="1701384805530"> This Service Professional Agreement (the Agreement) sets forth the terms and conditions whereby you, an independent service provider fully-licensed (to the extent required by applicable law) and qualified to provide the services contemplated by this Agreement (the Service Professional), agree to provide certain services (as described on Schedule 1) to third parties that that you may elect to provide from those which may, from time to time, be referred to you via the web-based platform of Handybook Canada ULC, with a registered office at 2900 - 550 Burrard Street, Vancouver, BC V6C 0A3 (Handy).</div><div data-section-type="1" class="ps-section" data-id="B1WRDGcLrp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HJf0wzq8Sp" data-time="1701384805530"> 1. GENERAL PROVISIONS</div><div data-section-type="1" class="ps-section" data-id="rkXCvzqUS6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="H1NADf9Lr6" data-time="1701384805530"> 1.1 <u>Background Statement.</u></div><div data-section-type="1" class="ps-section" data-id="ryrAvG9USa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SyICDGcLSa" data-time="1701384805530"> Handy is the creator of a technology platform that creates a marketplace to connect potential clients (Service Requesters) with fully-licensed (to the extend required by applicable law) and qualified professionals, such as Service Professional, in the business of providing home and/or office cleaning, handyperson services, plumbing services, electrical services, painting services, lawn care, and/or moving services (Services). Handy provides a web-based portal (the Handy Platform) through which Service Requesters may connect with a network of Service Professionals with whom they may arrange a variety of Services. Handy and Service Professional intend that Service Professional will provide these services to Service Requesters strictly as an independently-owned and operated business enterprise, and not as an employee, worker, agent, joint venturer, partner or franchisee of Handy or any Service Requester for any purpose. Handy does not provide the Services described in this Agreement and does not employ individuals to perform said Services. Handy's role is limited to offering the technology platform as a referral tool for Service Requesters and Service Professionals and facilitating payments from Service Requesters to Service Professionals.</div><div data-section-type="1" class="ps-section" data-id="ByD0PzcLBT" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="Hy_RvG9UHT" data-time="1701384805530"> 1.2 <u>The Handy Platform And Terms of Use.</u></div><div data-section-type="1" class="ps-section" data-id="BJK0DfcUS6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rJ9RvGcUBa" data-time="1701384805530"> Before receiving access to the Handy Platform, Service Professional must also review and agree to the <a href="handy.com/terms">Terms of Use</a> of the Handy Platform, which are incorporated herein by reference and which Service Professional acknowledges he/she has reviewed and accepted. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall control. From time to time, in their sole and complete discretion, Service Requesters will post jobs on the Handy Platform, setting forth the nature of the Services required (the Jobs). Jobs posted will include a date, general neighborhood or geographic area where the Job will take place, time (the Timeframe) in which Services are requested, and an estimate of time necessary to complete the work (the Estimated Work Time). Timeframes will be displayed on the Handy Platform either as a specific time (i.e. 5:00 pm) or as a range (i.e. 2:00 pm to 5:00 pm). The Estimated Work Time will be displayed as either a specific time (i.e. 2 hours) or as a range (i.e. 2-3 hours). Service Professional will then have the opportunity to review the Jobs and select those Jobs in Service Professional's area of expertise that meet Service Professional's preferred specifications as to Timeframe, neighborhood or geographic locations, date and fees. Handy does not guarantee any minimum number of jobs will be available to Service Provider at any point during the term of this Agreement. Subject only to the limitation set forth in paragraph 9.1, Service Professional is not obligated to review the Jobs posted or select any Jobs posted by any Service Requester at any time. Once a Service Professional selects a Job, the Handy Platform will confirm with the Service Professional and Service Requester that the Job has been booked by the Service Professional. Once a Job is booked, a contract is formed directly between the Service Requester and Service Professional for Service Professional to complete the Job. Service Professional hereby appoints Handy to be its disclosed agent for the purposes of entering into such a contract with the Service Requester with respect to those Jobs accepted by Service Professional. Service Professional agrees that Service Professional's name and phone number may be provided or made available to Service Requester by or on behalf of Handy after the Job is booked. It is possible that, based on Service Requester specifications, a Service Professional may claim a Timeframe and/or Estimated Work Time (i.e. a Service Professional may claim a Job with a Timeframe of noon - 3pm and has an Estimated Work Time of 2-3 hours and receive a Job that is at 1pm and only 2 hours). Service Professional acknowledges and agrees that he/she understands that claiming a Job that has a Timeframe and Estimated Work Time may result in receipt of a Job of less than the maximum time set forth in the Estimated Work Time.</div><div data-section-type="1" class="ps-section" data-id="Ski0wGcLHp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rknRwfcUrp" data-time="1701384805530"> 1.3 <u>Background Checks.</u></div><div data-section-type="1" class="ps-section" data-id="rJ6CwG5IST" data-time="1701384805530"> Before receiving access to the Handy Platform, Service Professional must submit to and pass a background check through Handy’s background check provider. After receiving access to the Handy Platform, Handy may conduct additional background checks on Service Professional through Handy’s background check provider. Handy conducts background checks in accordance with applicable law.</div><div data-section-type="1" class="ps-section" data-id="HkRRDzqUSa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="r1yl0vf5IBp" data-time="1701384805530"> 2. <u>THE SERVICES</u></div><div data-section-type="1" class="ps-section" data-id="Bkel0wG9Lr6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SkWgCPfc8Sa" data-time="1701384805530"> Service Professional shall be eligible to book Jobs through the Handy Platform requesting any Services that Service Professional is fully-licensed (to the extent required by applicable law) and qualified to provide as specified on Schedule 1 to this Agreement. In those jurisdictions where a license, permit, or certification is required to perform the Services, Service Professional shall, upon request, provide proof to Handy of all necessary licenses, permits and/or certifications before Service Professional provides any such Services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ByGl0vfqUBa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rymg0vfq8Bp" data-time="1701384805530"> 2.1 <u>Job Completion.</u></div><div data-section-type="1" class="ps-section" data-id="r14x0wz5IST" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HyHgCPfq8rp" data-time="1701384805530"> To ensure that the Handy platform remains a reliable source of referrals and to ensure all Service Professionals are able to have access to available Jobs, once Service Professional has been awarded a Job, Service Professional is contractually obligated to complete the Job within the Timeframe specified by, and to the satisfaction of, the Service Requester. Service Professional may not cancel the Job without advance notice of at least 24 hours to Service Requester and Handy, except in the case of an unavoidable emergency, in which case, Service Professional shall notify Service Requester and Handy as soon as practicable. In the event Service Professional, upon more than twenty-four (24) hours' notice, needs to reschedule a Job, Service Professional may contact the Service Requester and attempt to reschedule the Job. In the event that the Service Requester declines to reschedule,and Service Professional is unable to perform the Job as originally scheduled, Handy shall have the right to make the Job available on the Handy Platform. If Service Requester and Service Professional agree to reschedule, Service Professional agrees to notify Handy as promptly as possible so that Handy may update its platform. Repeated cancellations and/or rescheduled Jobs on short-notice by Service Professional may result in termination of this Agreement in accordance with Section 9. Additionally, at Handy's reasonable discretion, cancellation or rescheduling by Service Professional or Service Professional’s failure to complete a Job to the satisfaction of Service Requester may result in liquidated damages being charged to Service Professional as described in Schedule 2, which may be modified from time to time by Handy. Service Professional may also be entitled to a fee or liquidated damages in the event a Service Requester cancels or reschedules a Job as described in Schedule 2. Modifications to Schedule 2 will be effective upon written notification to Service Professional and will supersede any and all prior versions.</div><div data-section-type="1" class="ps-section" data-id="BJUe0wf5IBT" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HkveCvMqIrT" data-time="1701384805530"> Handy is interested only in the results to be achieved by Service Professional: completion of each accepted Job in accordance with Service Requester’s specifications as detailed by Service Requester. Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement. Service Professional understands and agrees that Service Professional's failure to complete a Job in accordance with Service Requester's specifications after he or she has booked that Job using the Platform constitutes a material breach of this Agreement and may result in liquidated damages as described in Schedule 2 and/or termination of this Agreement in accordance with Section 9, unless Service Professional cures the breach either through a reduced Service Fee or completion of the Job (without additional Service Fees being charged to the Service Requester) to the satisfaction of the Service Requester.</div><div data-section-type="1" class="ps-section" data-id="H1OxCwMcLS6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="Bktl0Dz5Ur6" data-time="1701384805530"> By accepting this Agreement, Service Professional authorizes Handy to withhold the amounts listed in Schedule 2 (where applicable) as payment of liquidated damages, if any, as referenced in this Agreement, from Service Professional's Service Fees.</div><div data-section-type="1" class="ps-section" data-id="SkceCDf58r6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="H1sxRvz9LH6" data-time="1701384805530"> 2.2 <u>Service Requester Ratings.</u></div><div data-section-type="1" class="ps-section" data-id="H12gRPGcUrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Skpe0wG5UBa" data-time="1701384805530"> Service Professional acknowledges that the Handy Platform is intended to refer Service Requesters only to those Service Professionals who maintain the highest standards of professionalism and quality of service. Service Professional acknowledges that Service Requestor may rate and review a Service Professional at the end of every booking. To ensure that the Handy Platform remains a reliable source of referrals, Service Professional agrees to maintain a Service Requester rating at or above the minimum rating established by Handy for access to the platform, as modified from time to time. In the event a Service Professional's aggregate rating falls below the applicable minimum rating, Handy reserves the right to deactivate the Service Professional's access to the Handy Platform. Handy agrees to provide Service Professional written notice of the minimum rating and any changes thereto.</div><div data-section-type="1" class="ps-section" data-id="HJ0eCDf9LHT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1J-RvzcIrp" data-time="1701384805530"> 2.3 <u>No Control.</u></div><div data-section-type="1" class="ps-section" data-id="BJgWCDzqIBT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkWW0vfcLHa" data-time="1701384805530"> Handy shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professional performs the Services, the Jobs Service Professional selects, the tools and materials used by Service Professional to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professional to assist in completing Jobs, or the manner in which Service Professional completes the Jobs. Handy will not and has no right to, under any circumstances, inspect Service Professional's work for quality purposes. Those provisions of the Agreement reserving ultimate authority in Handy have been inserted solely to achieve compliance with federal, provincial, or local laws, regulations, and interpretations thereof.</div><div data-section-type="1" class="ps-section" data-id="HyfWCPz5IHT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1XZCPf58Sa" data-time="1701384805530"> Where approved in advance by the Service Requester, and except as otherwise provided in this Agreement, Service Professional is not obligated to personally perform the Services. Service Professional shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professional deems necessary and appropriate to complete the Services. Service Professional shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of same.</div><div data-section-type="1" class="ps-section" data-id="rk4bCPz9ISa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkS-RPM58r6" data-time="1701384805530"> Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professional, Service Professional shall require any such individuals to submit to a basic background check satisfactory to Handy.</div><div data-section-type="1" class="ps-section" data-id="ByIWRPfc8Hp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ByvbCvG9UBT" data-time="1701384805530"> Service Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required state and federal income tax withholdings, unemployment insurance, and Canada Pension Plan premiums as to Service Professional and all persons engaged by Service Professional in the performance of the Services. Service Professional shall be responsible for, and shall indemnify and hold Handy harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="BJO-RDGcUSa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkKbRwf5LST" data-time="1701384805530"> 3. SERVICE FEES</div><div data-section-type="1" class="ps-section" data-id="Sy9-ADzqIHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJjW0PG98BT" data-time="1701384805530"> 3.1 <u>Service Fees.</u></div><div data-section-type="1" class="ps-section" data-id="SkhW0DGcISp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BJabRDz98Sa" data-time="1701384805530"> Service Requester shall pay for completed Jobs through the Handy Platform at the rates quoted by Handy at the time the Job is posted on the Handy Platform, which shall be based on the stated parameters of the Job (the Job Rate). Each Job made available to Service Professional on the Platform shall set forth the Timeframe, Estimated Work Time, details about the Service requested, the Job Rate, and the estimated Service Fee the Service Professional shall be entitled to upon completion of the Job, as modified from time to time. The difference between the Job Rate and Service Fee shall be the fee owed to Handy for referring the Job and facilitating the payment from Service Requester to Service Professional (Booking Fee).</div><div data-section-type="1" class="ps-section" data-id="H1AZAvM5Urp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJkzRvfqLrp" data-time="1701384805530"> Modifications to pricing and fees will be effective upon written notification to Service Professional and will supersede any and all prior versions. Notwithstanding the provisions of Section 15, the availability of any such modified pricing and/or fees on the Handy Platform shall constitute written notice to Professional for purposes of this Section 3.1, which shall be effective at the time such modified pricing and/or fees are made available to Service Professional. By accepting this Agreement, Service Professional authorizes Handy to withhold Handy's Booking Fee from the payment made to the Service Professional for each Job.</div><div data-section-type="1" class="ps-section" data-id="HJlMRwMq8Bp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJbfCDz9IST" data-time="1701384805530"> 3.2 <u>Service Fee Negotiation.</u></div><div data-section-type="1" class="ps-section" data-id="rkGMADf5IBp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hk7MADzcUS6" data-time="1701384805530"> If a Job referred to and accepted by Service Professional requires more time to complete than the Estimated Work Time, Service Requester and Service Professional may, prior to Service Professional providing any Services above and beyond the Estimated Work Time, negotiate an increase in Service Fees based on the estimated additional time needed to complete the Job. Upon agreement to an increase in Service Fees, Service Professional and Service Requester shall notify Handy. Handy shall have no involvement in negotiating any increase in the Service Fees.</div><div data-section-type="1" class="ps-section" data-id="rkVfCDf5ISp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ByBMADf5UH6" data-time="1701384805530"> 3.3 <u>Service Fee Payment.</u></div><div data-section-type="1" class="ps-section" data-id="B1LGRwzcLHa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJwGCwfqUBa" data-time="1701384805530"> When a Job is complete, Service Professional will submit to the Service Requester and Handy confirmation that the Job is complete. Handy shall then remit payment for each Job, less Handy's Booking Fee, within seven (7) business days. Handy's failure to remit payment within seven (7) business days shall constitute a material breach of this Agreement. For purposes of this Section 3.3, “remit” shall refer to Handy’s initiation of a payment to Service Professional; provided that Handy has initiated payment to Service Professional within seven (7) business days following the day the Job was completed, Handy shall not be liable if the paid amount is not accessible by Service Professional within that time frame. Service Professional may request payment for a booking to be remitted sooner than as set forth above for a fee as set forth in Schedule 2. Such fee will apply each time that the Service Professional requests a payment. When Service Professional requests this expedited payment, Handy will remit payment within (3) business days. If applicable, Handy will report the payments paid to Service Professional under this Agreement by filing the appropriate Form T4A with Revenue Canada as required by law. Payment processing services for Service Professionals are provided by Stripe and are subject to the <a href="https://stripe.com/ca/connect-account/legal"> Stripe Connected Account Agreement </a> , located at https://stripe.com/ca/connect-account/legal, which includes the <a href="https://stripe.com/ca/legal">Stripe Terms of Service</a> located at https://stripe.com/ca/legal (collectively, the Stripe Services Agreement). By agreeing to this Agreement, Service Professional agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Handy enabling payment processing services through Stripe, Service Professional agrees to provide Handy accurate and complete information about Service Professional and Service Professional's business, and Service Professional authorizes Handy to share it and transaction information related to Service Professional's use of the payment processing services provided by Stripe.</div><div data-section-type="1" class="ps-section" data-id="S1_fAwMc8Ba" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rkKzCwz9UHT" data-time="1701384805530"> 4. EQUIPMENT AND OPERATIONS</div><div data-section-type="1" class="ps-section" data-id="SycMCvf58H6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJozCwfcIBa" data-time="1701384805530"> 4.1 <u>Compatible Mobile Device.</u></div><div data-section-type="1" class="ps-section" data-id="By2f0DG5IB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkpMRvMcLrp" data-time="1701384805530"> In order to book Jobs, Service Professional must possess a smartphone equipped with access to the Handy Platform (the Compatible Mobile Device). If Service Professional does not possess a Compatible Mobile Device, Handy and Service Professional may, at Service Professional's sole discretion, enter into a written agreement governing the terms under which Handy will provide a Compatible Mobile Device. Any phone provided to Service Professional pursuant to any such written agreement must be returned upon termination of this Agreement. If Service Professional does not return the Compatible Mobile Device upon termination of the Agreement, Service Professional authorizes Handy to withhold the cost of the Compatible Mobile Device from Service Professional's Service Fees remaining at the time the Agreement is terminated. The intended purpose of any Compatible Mobile Device provided by Handy is to permit access to Handy's proprietary software. The Compatible Mobile Device cannot be used for any other purpose than to access the Handy Platform. In no event will Handy monitor or have the right to monitor Service Professional's usage of the Handy Platform through the Compatible Mobile Device, although Handy may collect operational data, such as features the Service Professional uses on the Handy Platform, for the purpose of improving the software.</div><div data-section-type="1" class="ps-section" data-id="r1CGRDGcIHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BJJmRPfqLST" data-time="1701384805530"> 4.2 <u>Pro Portal</u></div><div data-section-type="1" class="ps-section" data-id="BklQRwGc8Ba" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="B1ZX0wfcUHp" data-time="1701384805530"> In order to book Jobs, Service Professional must download Handy's Service Professional mobile application (the Pro Portal) onto the Compatible Mobile Device used by the Service Professional. Handy collects the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device from the Pro Portal for a period of time starting 4 hours prior to the scheduled start of a Job for the purpose of (i) providing support for the Service Professional and Service Requester to find each other and (ii) confirming that the Service Professional will perform the Job claimed by the Service Professional and ending 2 hours following the scheduled end of a Job for the purpose of confirming that the Job is completed. In addition, at any point, Handy may collect the Location Coordinates of the Compatible Mobile Device on which the Pro Portal is installed for the purpose of referring Jobs to a Service Professional that are posted on short notice by Service Requesters in the Service Professional's vicinity. Service Professional shall have no obligation to accept any Job offered in this manner. For up to a 4 hour period prior to the scheduled start of a Job, Handy may share the Service Professional's Location Coordinates with the Service Requester who requested the Job for the purpose of assisting the Service Requester and Service Professional to coordinate the Services and to confirm that the Service Professional will perform the Job claimed by the Service Professional. Handy may also disclose the Service Professional's Location Coordinates and contact information as required by applicable law, to authorized service providers, or when Handy believes that such disclosure is necessary to protect the rights, property, or safety of Handy, Handy Platform users, Service Requesters, or others. Handy has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Service Professional provides the Services contemplated by this Agreement, or the frequency with which the Service Professional uses the Handy Platform to book Jobs. The Service Professional may stop Location Coordinates collection only by uninstalling the Pro Portal from the Compatible Mobile Device. Handy retains Location Coordinates information to confirm that the Job has been completed and retains de-identified Location Coordinates data indefinitely. By executing this Agreement, Service Professional agrees to the use and disclosure of Location Coordinates information as described above.</div><div data-section-type="1" class="ps-section" data-id="HJGX0wfcLHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryQXCwz5Ur6" data-time="1701384805530"> 4.3 <u>Costs of Operation.</u></div><div data-section-type="1" class="ps-section" data-id="SkVXAwMq8ra" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Byrm0Dz9IrT" data-time="1701384805530"> Service Professional is solely responsible for any costs or expenses incurred by Service Professional in connection with the operation of Service Professional’s business and the performance of the Services. Service Professional shall furnish and maintain, at Service Professional's own expense, the tools, equipment, supplies, and other materials used to perform the Services. Service Professional, at Service Professional's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. At Service Professional's request, Handy may offer to Service Professional certain equipment, supplies, and materials for purchase. Service Professional is not required to purchase any equipment, tools, supplies, or materials from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="SJUQCPf5IBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJP7Cvz98r6" data-time="1701384805530"> 4.4 <u>Handy Apparel or Identification.</u></div><div data-section-type="1" class="ps-section" data-id="Sy_Q0PfqUSa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkKmAvzcLBp" data-time="1701384805530"> Service Professional will have no obligation to wear or display the apparel, badge or other form of identification.</div><div data-section-type="1" class="ps-section" data-id="ryc70wfqIHa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkiQ0PM5Urp" data-time="1701384805530"> 4.5 <u>Use of Voice, Image and Likeness.</u></div><div data-section-type="1" class="ps-section" data-id="B13X0wMcLB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="H16m0wfq8S6" data-time="1701384805530"> Service Professional gives Handy permission to use any and all of Service Professional's voice, image, likeness and any ratings and reviews from Service Requesters about Service Professional, with or without using Service Professional's name, in connection with the products and/or services available through the Handy Platform, for the purposes of advertising and promoting such products and/or services and/or Handy, for the purposes of identifying Service Professional to Service Requester, and/or for other purposes deemed appropriate by the Handy in its reasonable discretion, except to the extent expressly prohibited by law. In addition to the foregoing, Service Professional may be required to submit an image for use by the Handy Platform to facilitate identifying Service Professional with Service Requestors. Service Professional also represents and warrants the Service Professional owns the copyright of any image or likeness that the Service Professional provides to Handy.</div><div data-section-type="1" class="ps-section" data-id="r1CmADMcIBp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hk140Pz9UH6" data-time="1701384805530"> 4.6 <u>Call and SMS Data.</u></div><div data-section-type="1" class="ps-section" data-id="B1l4RPMcUBp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryZ4ADfcLB6" data-time="1701384805530"> Service Professional understands and agrees that Handy uses a service provider to mask the Service Professional's (and Service Requestor) phone number when the Service Professional calls or exchanges text (SMS) messages with the Service Requestor through the Handy Platform. To facilitate this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. Service Professional consents to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes, including to investigate and help to resolve service complaints and disputes between Service Requestors and Service Professionals.</div><div data-section-type="1" class="ps-section" data-id="rkz4APf58rp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJmERvGcIB6" data-time="1701384805530"> Service Professional also consents to Handy's sending text (SMS) messages directly to the Service Professional as described in the Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="BJEE0Dz9LB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rkS4Avz5IHp" data-time="1701384805530"> 5. RELATIONSHIP OF THE PARTIES</div><div data-section-type="1" class="ps-section" data-id="rJLVAwMcIBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJD4CPMcLS6" data-time="1701384805530"> Service Professional is an independent contractor and has not been engaged by Handy to perform services on Handy's behalf. Rather, Service Professional has entered into this Agreement for the purpose of having access to the Handy Platform and the exclusive marketplace for services thereby created by Handy, in exchange for which it pays Handy a fee, as described herein. This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Service Professional and Handy or any Service Requester for any purpose. Service Professional has no authority (and shall not hold himself or herself out as having authority) to bind Handy and Service Professional shall not make any agreements or representations on Handy's behalf without Handy's prior written consent. Service Professional understands that Service Professional will not be eligible to participate in any benefit plans offered to Handy's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Handy to its employees. Handy will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Service Professional's behalf. Service Professional has sole responsibility, as an independent contractor, to comply with all laws, rules and regulations relating to the provision of any Services, including without limitation, applicable provincial and federal privacy legislation, anti-spam legislation, requirements under the Income Tax Act (Canada), the Employment Insurance Act (Canada), and the Canada Pension Plan Act. Service Professional shall be responsible for deducting any and all applicable federal and provincial taxes, deductions, premiums, and amounts owing with respect to any Job Rates paid to Service Professional and remitting such amounts to those governmental authorities as prescribed by law. As an independent contractor, Service Professional shall not be entitled to any employment related benefits from Handy, including without limitation, any payments under the Ontario Employment Standards Act, 2000, as amended or replaced, or the British Columbia Employment Standards Act, as applicable. Upon termination of this Agreement, Handy shall only be responsible for paying those Job Rates associated with Services provided by Service Professional up to and including the termination of this Agreement. With the exception of such amounts, Service Professional shall have no further claim or cause of action against Handy for any cause, matter or thing relating to an alleged employment relationship between Service Professional and Handy, including, without limitation, any claim for reasonable notice of termination, pay in lieu of notice, termination, severance or vacation pay, expenses, bonus or incentive plan payments, profit sharing, stock options, overtime pay, or pension entitlements whether arising pursuant to statute, contract, common law or otherwise. Service Professional shall be responsible for, and shall indemnify and hold Handy harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="r1_NRDfcLBT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkKEAwz5UHa" data-time="1701384805530"> 6. REPRESENTATIONS AND WARRANTIES</div><div data-section-type="1" class="ps-section" data-id="rJ540wz5UST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HyoECPMq8Ba" data-time="1701384805530"> Service Professional represents and warrants to Handy that: (a) Service Professional has the legal right to provide the Services that are contemplated by this Agreement in Canada; (b) Service Professional is fully-licensed (to the extent required by applicable law) and authorized to provide the Services contemplated by this Agreement within the jurisdiction in which Service Professional intends to offer said Services, and has the required skill, experience, and qualifications to perform the Services; and (c) Service Professional shall perform the Services in accordance with best industry standards for similar services and shall ensure that all assistants, helpers, subcontractors and other personnel used by the Service Professional in relation to the delivery of Services shall do likewise, including the completion of all Jobs referred to Service Professional that he/she opts to accept through the Platform. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="r1nNAPG98Ba" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkaVRPGqIra" data-time="1701384805530"> 7. INDEMNIFICATION</div><div data-section-type="1" class="ps-section" data-id="SJANRDf9UHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hy1HCwM9IBp" data-time="1701384805530"> Service Professional shall defend, indemnify and hold harmless Handy and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Service Professional's acts or omissions; and (b) Service Professional's breach of any representation, warranty, or obligation under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="H1xHAwG9UST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SyZSRPM9USp" data-time="1701384805530"> The Services that Service Professional provides pursuant to this Agreement are fully and entirely Service Professional's responsibility. Handy is not responsible or liable for the actions or inactions of a Service Requester or other third party in relation to the Services provided by Service Professional. Service Professional understands, therefore, that by using the Handy Platform, Service Professional will be introduced to third parties in relation to whom handy has not conducted any background or reference checking, that may be potentially dangerous, and that Service Professional uses the Handy Platform at his/her own risk.</div><div data-section-type="1" class="ps-section" data-id="BkfHADGcUrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1QHADG9Lrp" data-time="1701384805530"> 8. INSURANCE</div><div data-section-type="1" class="ps-section" data-id="B14HCwf5Ura" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BySSRDMqUS6" data-time="1701384805530"> It is the sole responsibility of the Service Professional to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to Handy, with policy limits sufficient to protect and indemnify Handy and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Professional or Service Professional's assistants, agents, contractors, servants, or employees.</div><div data-section-type="1" class="ps-section" data-id="r1UH0PM98H6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkwH0Pz9UBp" data-time="1701384805530"> 9. TERM; TERMINATION.</div><div data-section-type="1" class="ps-section" data-id="S1_B0DM98H6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1YrRPz9UBT" data-time="1701384805530"> 9.1 <u>Term.</u></div><div data-section-type="1" class="ps-section" data-id="rJ9HRvMqUBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1iBRDM5LHT" data-time="1701384805530"> This Agreement shall be effective as of the date it is executed by Service Professional and shall remain in effect unless and until terminated as set forth in this paragraph 9(the Term). Service Professional understands that Handy may temporarily deactivate Service Professional's profile on Handy Platform in the event that Service Professional is inactive on the Handy Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Handy shall reactivate Service Professional's profile upon request from Service Professional.</div><div data-section-type="1" class="ps-section" data-id="r13r0Dz5ISa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkTSAPG9Ura" data-time="1701384805530"> The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Service Professional the right to choose when to make himself or herself available and each Job referred and accepted is treated as a separate service arrangement.</div><div data-section-type="1" class="ps-section" data-id="rkABRwGcISa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkJU0DGc8ra" data-time="1701384805530"> 9.2 <u>Termination.</u></div><div data-section-type="1" class="ps-section" data-id="r1xLCwG58rp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJbUAPfcIrp" data-time="1701384805530"> (a) Except as stated in Section 9.5 below, Handy and Service Professional may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Handy's failure to timely remit Service Fees as described herein, Service Professional's failure to complete a Job he or she has booked on the platform to the Service Requester’s satisfaction, Service Professional’s failure to meet the applicable minimum rating,or if a Service Professional cancels or reschedules two (2) or more Jobs he or she has booked on less than 2 hours' notice prior to the applicable Job start time within any twenty-eight (28) day period.</div><div data-section-type="1" class="ps-section" data-id="SyGLCwG9USa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJX80wGqLSp" data-time="1701384805530"> In the event there is a dispute whether Handy or Service materially breached the agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration as described in paragraph 12.2, below. In the event of such disputes, Handy shall bear all the Arbitrator's fees and costs.</div><div data-section-type="1" class="ps-section" data-id="SyVURwGcIB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1HURPMqUHT" data-time="1701384805530"> (b) In addition to the foregoing, Handy and Service Professional may terminate the Agreement for any reason upon fifteen (15) days' written notice.</div><div data-section-type="1" class="ps-section" data-id="rkLU0DM5Ira" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1PIADz58S6" data-time="1701384805530"> 9.3 <u>Service Professional's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="H1uURvG9UrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SyYI0PzcISa" data-time="1701384805530"> Upon termination of this Agreement for any reason, Service Professional shall: (a) complete any outstanding Jobs Service Professional has booked (the Outstanding Jobs); (b) within ten (10) days after the effective date of the termination, or as otherwise agreed in writing, return any Handy property in Service Professional's possession, including but not limited to, any Compatible Mobile Device supplied by Handy; and (c) certify in writing to Handy that Service Professional has complied with the requirements of this paragraph.</div><div data-section-type="1" class="ps-section" data-id="Sk9IRPz98H6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HysIRDz5IrT" data-time="1701384805530"> 9.4 <u>Handy's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="S1nIAPMcIB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1pL0vMq8B6" data-time="1701384805530"> Upon termination of this Agreement: (a) if the termination is effected by Handy, Handy shall immediately pay to Service Professional any outstanding earned Service Fees; or (b) if the termination is effected by Service Professional, Handy shall pay to Service Professional any outstanding earned Service Fees within seven (7) business days. In either event, Handy shall pay Service Fees for any Outstanding Jobs as soon as practicable after Service Professional has completed the Outstanding Jobs.</div><div data-section-type="1" class="ps-section" data-id="ByAU0PG5LSa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="B1yPAwzq8rT" data-time="1701384805530"> 9.5 <u>Surviving Provisions.</u></div><div data-section-type="1" class="ps-section" data-id="B1ePRwf5Ir6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryWwCwf9ISa" data-time="1701384805530"> The terms and conditions of this paragraph 9.5 and paragraphs 5, 6, 7, 9.3, 9.4, 10, 11, and 12 shall survive the expiration or termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="S1zvAvz9LS6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BJmwAPzcIra" data-time="1701384805530"> 10. OTHER BUSINESS ACTIVITIES</div><div data-section-type="1" class="ps-section" data-id="B1Vv0vMqUr6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1SPADz9ISp" data-time="1701384805530"> Service Professional may be engaged or employed in any other business, trade, profession, or other activity, including providing Services to customers booked through means other than the Handy Platform, including other web-based portals, smartphone applications, and/or platforms. However, Service Professional shall not affirmatively solicit Service Requesters originally referred through the Handy Platform to book jobs through any means other than the Handy Platform; provided, however, Handy may charge Service Professional a referral fee in the event the Service Professional affirmatively solicits Service Requesters originally referred through the Handy Platform to book jobs through any means other than the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="HyIvAPz5IS6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rkDP0DM9LBa" data-time="1701384805530"> <br /> </div><div data-section-type="1" class="ps-section" data-id="r1OwADGcLrp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkYwCPGqIr6" data-time="1701384805530"> 11. ASSIGNMENT</div><div data-section-type="1" class="ps-section" data-id="SJ5PRDG5IST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1oD0wf5LB6" data-time="1701384805530"> Service Professional may not assign this Agreement, absent written authorization by Handy. This provision shall not be construed as limiting Service Professional’s right to engage personnel to assist in the Services as set forth in this Agreement. Handy may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="HJnDCvM5UH6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJavRPzcIBp" data-time="1701384805530"> 12. DISPUTE RESOLUTION; GOVERNING LAW</div><div data-section-type="1" class="ps-section" data-id="H1Av0DM5IrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJkOCDM98rp" data-time="1701384805530"> 12.1 <u>Informal Negotiations.</u></div><div data-section-type="1" class="ps-section" data-id="SylO0Df5UHT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJbO0DzqLra" data-time="1701384805530"> To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Service Professional and Handy, Service Professional and Handy agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice of the dispute, controversy, or claim. Service Professional's address for such notices shall be the address provided by the Service Professional in the Pro Portal (or to such other address that may be designated by the receiving party from time to time in accordance with this paragraph). Handy's address for such notices is Handy, Inc., PO Box 1122, New York, NY 10059.</div><div data-section-type="1" class="ps-section" data-id="ByMOADzcUH6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJQdRvfqUHp" data-time="1701384805530"> 12.2 <u>Mandatory and Exclusive Arbitration.</u></div><div data-section-type="1" class="ps-section" data-id="H1E_0Pz5UHa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkHORPM5Ir6" data-time="1701384805530"> Handy and Service Professional mutually agree that any claim, controversy or dispute in connection with or arising out of or relating to this Agreement, including (without limitation) its negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party to this Agreement, shall be referred to and finally determined by arbitration by a single arbitrator (the Arbitrator) in accordance with the British Columbia Arbitration Act, RSBC 1996, c.55 or the Ontario Arbitration Act, 1991, S.O. 1990, c. 17, as applicable. For Service Professionals providing Services in British Columbia, the seat of the arbitration shall be British Columbia and all hearings shall be conducted in the City of Vancouver in the English language. For Service Professionals providing Services in Ontario, the seat of the arbitration shall be Ontario and all hearings shall be conducted in the City of Toronto in the English language.</div><div data-section-type="1" class="ps-section" data-id="ryLOCPGqLSp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkwuAvMcIST" data-time="1701384805530"> (a) Either party to the Agreement (the Applicant) may commence arbitration by delivering a written notice (a Complaint) to the other party against whom the Applicant seeks relief (the Respondent). In the Complaint, the Applicant shall describe the substance of the matter which is submitted to arbitration and name three (3) persons whom the Applicant is prepared to nominate as arbitrator, each of such persons to be independent of the Parties and qualified by education and training to pass upon the particular matter in dispute (an Approved Arbitrator). Within seven (7) days of the receipt of the Complaint, the Respondent shall by written notice to the Applicant select one of the three (3) persons named by the Applicant or provide the Applicant with a list of three (3) persons who are Approved Arbitrators. Within seven (7) days of receipt of the Respondent's list, by written notice to the Respondent, the Applicant shall select one of such persons, or provide a further list of three (3) Approved Arbitrators. The Parties shall continue to exchange lists of three (3) Approved Arbitrators in this fashion until an Approved Arbitrator is selected. Neither Handy nor the Service Professional nor their representatives shall communicate with any proposed Arbitrator at any time during the arbitrator-selection process prior to the appointment of the Arbitrator.</div><div data-section-type="1" class="ps-section" data-id="B1Od0Pf5USa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Syt_APzqUHT" data-time="1701384805530"> The Arbitrator's award shall be final and binding on the Service Professional and Handy. There shall be no appeal from the Arbitrator's award.</div><div data-section-type="1" class="ps-section" data-id="SJcuAPf5Ir6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkidCwM9UBp" data-time="1701384805530"> The fees and expenses of the Arbitrator and costs of the arbitration facilities shall be periodically billed to and paid in equal proportions by the Parties to the Arbitration as the Arbitration proceeds. The Arbitrator shall have the power to award costs, including the fees and expenses of the Arbitrator and costs of the arbitration facilities, in whole or in part, upon hearing submissions by any Party requesting same, and any responding submissions from the other Party.</div><div data-section-type="1" class="ps-section" data-id="rJ3uRvGcLH6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1adAPGqIBT" data-time="1701384805530"> The arbitration, any awards and all proceedings in relation thereto shall be private and confidential between the Parties except to the extent that any disclosure is necessary for the purpose of any court proceedings under this section or the British Columbia Arbitration Act or the British Columbia Arbitration Act, as applicable.</div><div data-section-type="1" class="ps-section" data-id="SJRd0PzcLHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1yKADzcLBa" data-time="1701384805530"> (b) CLASS ACTION WAIVER-PLEASE READ. Handy and Service Professional mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (Class Action Waiver). Notwithstanding any other clause contained in this Agreement, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="rJgF0PfqLS6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rk-YRwf9LST" data-time="1701384805530"> (c) Service Professional agrees and acknowledges that entering into this arbitration agreement does not change Service Professional's status as an independent contractor in fact and in law, that Service Professional is not an employee of Handy or any Service Requester and that any disputes in this regard shall be subject to arbitration as provided in this agreement.</div><div data-section-type="1" class="ps-section" data-id="ByMFAvfc8BT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryXK0wG5UHa" data-time="1701384805530"> (d) Regardless of any other terms of this Agreement, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.</div><div data-section-type="1" class="ps-section" data-id="HJVFRPMqUr6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="B1BKAwG98Sp" data-time="1701384805530"> (e) Right To Consult With A Lawyer: Service Professional has the right to consult with private counsel of Service Professional's choice for independent legal advice with respect to any aspect of, or any claim that may be subject to, this dispute resolution provision.</div><div data-section-type="1" class="ps-section" data-id="SJLYCDz98B6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJDF0Pf5USp" data-time="1701384805530"> (f) In the event any portion of this dispute resolution provision is deemed unenforceable, the remainder of this dispute resolution provision will be enforceable. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid or unenforceable, the class, collective, or representative general action to that extent must be litigated in a court of competent jurisdiction, but the portion of the Class Action Waiver that is valid and enforceable shall be enforced in arbitration.</div><div data-section-type="1" class="ps-section" data-id="Hk_YCPzc8Sa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ByKFRPG9Ur6" data-time="1701384805530"> 12.3 <u>Governing Law.</u></div><div data-section-type="1" class="ps-section" data-id="H15KCPGcIST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJsY0vzqLHT" data-time="1701384805530"> For Service Professionals providing Services primarily in Ontario, this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. For Service Professionals providing Services primarily in British Columbia, this Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in the Province of British Columbia.</div><div data-section-type="1" class="ps-section" data-id="r12tRwzcIrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJptRPGcIHT" data-time="1701384805530"> 13. SERVICE REQUESTER PRIVACY</div><div data-section-type="1" class="ps-section" data-id="SyCF0wfcUS6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1k5Cwz5IBT" data-time="1701384805530"> Service Professional understands that in performing the Services, he or she will receive certain private and/or confidential information regarding the Service Requesters and will have access to their homes and personal belongings. Except upon order of government authority (e.g., Court, administrative agency) having jurisdiction, or upon written consent by the Service Requester, Service Professional agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the Service Requesters, including addresses, telephone numbers and/or financial information. Service Professional further agrees not to engage in any activity which violates the privacy of any Service Requester, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Service Requester or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="rke50DM9UHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Bk-9Avfc8H6" data-time="1701384805530"> 14. MODIFICATION</div><div data-section-type="1" class="ps-section" data-id="Hyz50wM9Ura" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hy7cCDf9LHT" data-time="1701384805530"> Service Professional hereby expressly acknowledges and agrees that, by using or receiving access to the Handy Platform, Service Professional and Handy are bound by the then-current version of this Agreement, including any modifications and supplements to this Agreement or documents incorporated herein, including the Schedules below. Continued use of the Handy Platform after any modifications or supplements to the Agreement shall constitute Service Professional's consent to such modifications and supplements. Service Professional is responsible for regularly reviewing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1E9CvGcLSp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJrcAPzqLB6" data-time="1701384805530"> 15. MISCELLANEOUS</div><div data-section-type="1" class="ps-section" data-id="BkL9RPGcUrp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Byw5RDG98Ba" data-time="1701384805530"> All notices other than those required by Section 3.1 and Section 12, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this paragraph). The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or electronic (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). This Agreement, together with any other documents incorporated herein by reference, and related exhibits and schedules, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement may be executed in multiple counterparts, including by facsimile or other electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.</div><div data-section-type="1" class="ps-section" data-id="By_50DG5LBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="H1Y9RwM9LHT" data-time="1701384805530"> This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Handy's website or the Handy Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.</div><div data-section-type="1" class="ps-section" data-id="r19cCPMqLr6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJj5CwMcISp" data-time="1701384805530"> Service Professional acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Service Professional's own expense, prior to signing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="rkh5Cvz9IBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Bk6cAvGcUBa" data-time="1701384805530"> BY CHECKING THE BOX STATING I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT, YOU HEREBY AGREE TO THIS SERVICE PROFESSIONAL AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="SJCcCPGqUST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1ksCDf5Lrp" data-time="1701384805530"> You understand that your electronic signature is as legally binding as a handwritten signature.</div><div data-section-type="1" class="ps-section" data-id="ryeoCDG98Ha" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJWiRPMq8ra" data-time="1701384805530"> SCHEDULE 1</div><div data-section-type="1" class="ps-section" data-id="SJGoCwzcUB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryQi0wMq8Bp" data-time="1701384805530"> Service Professional is licensed (to the extent required by applicable law), qualified and otherwise authorized to provide the following Services:</div><div data-section-type="1" class="ps-section" data-id="By4jAvz5Ur6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkrjCwGcUBT" data-time="1701384805530"> Home Cleaning</div><div data-section-type="1" class="ps-section" data-id="H1IoAPf98Hp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HJvjCPf5IH6" data-time="1701384805530"> Office Cleaning</div><div data-section-type="1" class="ps-section" data-id="S1uiRPfqISa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="B1YsRwGqUrT" data-time="1701384805530"> Furniture Assembly</div><div data-section-type="1" class="ps-section" data-id="rycsRDfcLr6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SkojCvMcIHa" data-time="1701384805530"> Hanging Pictures and Shelves</div><div data-section-type="1" class="ps-section" data-id="rJ3iRDf9IBa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="ByajRPM9IBa" data-time="1701384805530"> Mounting Televisions</div><div data-section-type="1" class="ps-section" data-id="SJAsRPz9Urp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="ByknRDf98rp" data-time="1701384805530"> Moving Help</div><div data-section-type="1" class="ps-section" data-id="Hkxn0PM58Ba" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HyW20vzqLr6" data-time="1701384805530"> Interior Painting</div><div data-section-type="1" class="ps-section" data-id="rJz3APM9IH6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SJX3RDM9LSp" data-time="1701384805530"> Drain Work</div><div data-section-type="1" class="ps-section" data-id="S1EhAwfcUST" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="S1H2AwM9ISa" data-time="1701384805530"> AC Work</div><div data-section-type="1" class="ps-section" data-id="ByL2ADz9UHp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SJw2RDMqIB6" data-time="1701384805530"> Other Handyman Work</div><div data-section-type="1" class="ps-section" data-id="By_nAPG9UHT" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="B1FhRvMc8HT" data-time="1701384805530"> Window Treatments</div><div data-section-type="1" class="ps-section" data-id="Hk5nCDM9Ur6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="S1o2RvMcUra" data-time="1701384805530"> Garbage Disposal Work</div><div data-section-type="1" class="ps-section" data-id="Hk3n0wGqIBp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="BkphADM9IrT" data-time="1701384805530"> Toilet Work</div><div data-section-type="1" class="ps-section" data-id="B1ChRDfqLHp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="BkJTRvfqLr6" data-time="1701384805530"> Other Plumbing Work</div><div data-section-type="1" class="ps-section" data-id="SyeaADMc8r6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="Hk-TADz5Lr6" data-time="1701384805530"> Ceiling and Bath Fans - Electrical</div><div data-section-type="1" class="ps-section" data-id="HyGpCwf98BT" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="B17aCwfc8Ha" data-time="1701384805530"> Light Fixtures - Electrical</div><div data-section-type="1" class="ps-section" data-id="SkNT0PM98Sp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rkr6APzqLST" data-time="1701384805530"> Outlets - Electrical</div><div data-section-type="1" class="ps-section" data-id="By8aCPfcIH6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="BJw6RwGc8ra" data-time="1701384805530"> Other Electrical Work</div><div data-section-type="1" class="ps-section" data-id="H1OTRDG9LSp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HkYp0Dzq8r6" data-time="1701384805530"> Lawn Care</div><div data-section-type="1" class="ps-section" data-id="ByqaRDG5Ura" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="Hys6Awzq8ST" data-time="1701384805530"> Other</div><div data-section-type="1" class="ps-section" data-id="rkhTRvfq8rp" data-time="1701384805530"><br /> </div><div id="schedule_3" data-section-type="1" class="ps-section" data-id="rkpTAwM9UHT" data-time="1701384805530"> <br /> SCHEDULE 2 - LIQUIDED DAMAGES FOR SERVICE FAILURE/CANCELLATION*</div><div data-section-type="1" class="ps-section" data-id="H1CTCPG5UBp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="H1JARvz9LSa" data-time="1701384805530"> <table border="1" cellspacing="0" cellpadding="0" class="ps-section" data-id="SJlRCwz98H6" data-time="1701384805530" data-section-type="6"> <colgroup> <col width="453"></col> <col width="170"></col> </colgroup> <tbody class="ps-section" data-id="BJW0CPf9USp" data-time="1701384805530"> <tr class="ps-section" data-id="BJG0APMq8Ha" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="rym00PzqLH6" data-time="1701384805530"> <div class="ps-section" data-id="rJV00wM5Lrp" data-time="1701384805530" data-section-type="1"> Service Professional fails to complete Job in accordance with Service Requester specifications, including as to particular Services requested or Job start time, and Service Requester complains </div> </td> <td class="ps-section ps-parent" data-id="ByBRADGq8r6" data-time="1701384805530"> <div class="ps-section" data-id="ByLACPM5Ir6" data-time="1701384805530" data-section-type="1"> Fee of $15 </div> </td> </tr> <tr class="ps-section" data-id="H1wRRvf98rp" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="BkuACvG58H6" data-time="1701384805530"> <div class="ps-section" data-id="ryYRCDf5UrT" data-time="1701384805530" data-section-type="1"> Service Professional leaves Job before Estimated Work Time has elapsed </div> </td> <td class="ps-section ps-parent" data-id="H1cARPG5UH6" data-time="1701384805530"> <div class="ps-section" data-id="H1j0RPfqLHp" data-time="1701384805530" data-section-type="1"> Fee of $7.50 per half hour not worked </div> </td> </tr> <tr class="ps-section" data-id="Hkn00PM9UBT" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="BkaRAPM9LSa" data-time="1701384805530"> <div class="ps-section" data-id="BkAC0wGqLS6" data-time="1701384805530" data-section-type="1"> Service Professional cancels or reschedules on less than 48 hours’ notice but with more than 24 hours’ notice prior to Job start time </div> </td> <td class="ps-section ps-parent" data-id="r11klRDf58ST" data-time="1701384805530"> <div class="ps-section" data-id="S1lkg0wf5LSa" data-time="1701384805530" data-section-type="1"> Fee of $10 </div> </td> </tr> <tr class="ps-section" data-id="Hy-ylADMqLST" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="B1zyeRDM9IST" data-time="1701384805530"> <div class="ps-section" data-id="rkQJgAwMcIrT" data-time="1701384805530" data-section-type="1"> Service Professional cancels or reschedules on less than 24 hours’ notice but with more than 4 hours’ notice prior to Job start time </div> </td> <td class="ps-section ps-parent" data-id="SyEJeCvf9LBT" data-time="1701384805530"> <div class="ps-section" data-id="BkrJlRvMqIr6" data-time="1701384805530" data-section-type="1"> Fee of $20 </div> </td> </tr> <tr class="ps-section" data-id="HyUJeCvG9LBT" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="HyvklRDfcISa" data-time="1701384805530"> <div class="ps-section" data-id="Skd1x0PGqISp" data-time="1701384805530" data-section-type="1"> Service Professional cancels or reschedules on less than 4 hours’ notice prior to Job start time </div> </td> <td class="ps-section ps-parent" data-id="HyKJeCDG98r6" data-time="1701384805530"> <div class="ps-section" data-id="r19JxAwf9UH6" data-time="1701384805530" data-section-type="1"> Fee of $40 </div> </td> </tr> <tr class="ps-section" data-id="rysJxRPzq8Hp" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="SJ2JlCwMc8H6" data-time="1701384805530"> <div class="ps-section" data-id="ryakgRPfc8S6" data-time="1701384805530" data-section-type="1"> Service Professional fails to appear for booked Job without notice to Service Requester and Handy </div> </td> <td class="ps-section ps-parent" data-id="By0yxCDGcIS6" data-time="1701384805530"> <div class="ps-section" data-id="HkkxeCvM5UH6" data-time="1701384805530" data-section-type="1"> Fee of $50 </div> </td> </tr> <tr class="ps-section" data-id="ByxelRwf5LH6" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="BJ-leCDG9UH6" data-time="1701384805530"> <div class="ps-section" data-id="rkMggADM5IS6" data-time="1701384805530" data-section-type="1"> Service Professional requests payment remission ahead of standard schedule </div> </td> <td class="ps-section ps-parent" data-id="B1XggCDzcUH6" data-time="1701384805530"> <div class="ps-section" data-id="By4xlCPGc8B6" data-time="1701384805530" data-section-type="1"> Fee of up to $5 per request </div> </td> </tr> <tr class="ps-section" data-id="S1HegAwG58BT" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="rJIlgCDG9UHT" data-time="1701384805530"> <div class="ps-section" data-id="SyPglAwG58HT" data-time="1701384805530" data-section-type="1"> Service Professional fails to complete Job to the satisfaction of Service Requester (as reported by Service Requester), resulting in a refund or credit to Service Requester </div> </td> <td class="ps-section ps-parent" data-id="rkOxgAvM5UHp" data-time="1701384805530"> <div class="ps-section" data-id="ByFexAwM9IST" data-time="1701384805530" data-section-type="1"> Fee of $15 </div> </td> </tr> <tr class="ps-section" data-id="SJqgxCDMcUHa" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="HyjxxAPGcLBT" data-time="1701384805530"> <div class="ps-section" data-id="r1hxlAPz9UBT" data-time="1701384805530" data-section-type="1"> Service Requester cancels or reschedules on less than 12 hours’ notice but with more than 30 minutes’ notice prior to Job start time. No payment if cancellation is a result of reported failure to appear for booked Job without notice </div> </td> <td class="ps-section ps-parent" data-id="BypeeAvMcUra" data-time="1701384805530"> <div class="ps-section" data-id="HkCxgCwzq8Hp" data-time="1701384805530" data-section-type="1"> Payment of $15 </div> </td> </tr> <tr class="ps-section" data-id="BJyblRDfqISp" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="ryxZeRvG5UBa" data-time="1701384805530"> <div class="ps-section" data-id="B1--xRDMqISa" data-time="1701384805530" data-section-type="1"> Service Requester cancels or reschedules on less than 30 minutes’ notice </div> </td> <td class="ps-section ps-parent" data-id="BJzbeCwz5Lr6" data-time="1701384805530"> <div class="ps-section" data-id="r1mZgAPG98B6" data-time="1701384805530" data-section-type="1"> Payment equal to the entire service fee for Job, up to 3 hours </div> </td> </tr> <tr class="ps-section" data-id="Sy4bg0vM9LrT" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="SJB-xAPMcUSp" data-time="1701384805530"> <div class="ps-section" data-id="rkUbe0vz5LBT" data-time="1701384805530" data-section-type="1"> Inability to perform services not attributable to either party (e.g. Service Professional had difficulty opening lock with key provided, location of Job had unsafe working conditions, etc.) </div> </td> <td class="ps-section ps-parent" data-id="ryPZx0vMq8Hp" data-time="1701384805530"> <div class="ps-section" data-id="BkublCwzqUra" data-time="1701384805530" data-section-type="1"> Payment of $15 </div> </td> </tr> <tr class="ps-section" data-id="ryKWeRPG9UBa" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="S1cbgRDzqUBa" data-time="1701384805530"> <div class="ps-section" data-id="Hks-lADG58Sa" data-time="1701384805530" data-section-type="1"> Damage and/or loss of a Service Requestor’s items or property </div> </td> <td class="ps-section ps-parent" data-id="Hyn-eAwG9Lra" data-time="1701384805530"> <div class="ps-section" data-id="r1TZgRvz98rT" data-time="1701384805530" data-section-type="1"> Fee of $5 based on the loss or as otherwise negotiated </div> </td> </tr> <tr class="ps-section" data-id="SJ0-lCPGcUr6" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="S1kzxCvf98Hp" data-time="1701384805530"> <div class="ps-section" data-id="rJlzg0PGcLrp" data-time="1701384805530" data-section-type="1"> Failure to return Service Requester’s key </div> </td> <td class="ps-section ps-parent" data-id="B1Wfg0vMc8Ha" data-time="1701384805530"> <div class="ps-section" data-id="HyMflAvz5LHa" data-time="1701384805530" data-section-type="1"> Fee of $100 </div> </td> </tr> <tr class="ps-section" data-id="HJQGx0DGqUB6" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="rJNMxAwMcLH6" data-time="1701384805530"> <div class="ps-section" data-id="ByrGxRPfqLSa" data-time="1701384805530" data-section-type="1"> Off Platform Fee if Service Professional engages Service Requester to provide services outside of the Handy platform </div> </td> <td class="ps-section ps-parent" data-id="SkUGxRDM9UBp" data-time="1701384805530"> <div class="ps-section" data-id="ryvzlCDfcIH6" data-time="1701384805530" data-section-type="1"> Fee of $100 </div> </td> </tr> </tbody> </table></div><div data-section-type="1" class="ps-section" data-id="HJuMe0DGc8H6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SkYzx0PM5LHa" data-time="1701384805530"> *Unless Service Professional and Handy have mutually agreed in writing to another service failure payment amount.</div><div data-section-type="1" class="ps-section" data-id="BkqflCDG9IS6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJsMl0wMcUSp" data-time="1701384805530" cursorposition="30"> Last updated: 30 January 2024</div><div data-section-type="1" class="ps-section" data-id="B1hfxADM9LHa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SJpMeCwz9UH6" data-time="1701384805530"> <br /></div> </div> </div> </div> </div> <div id="contract-id-459910-version-6578a8bf0ce6cb9f9e24f168" data-vid="6578a8bf0ce6cb9f9e24f168" class="version-container js-version-container-459910 " style="display: none;"> <div id="version-languages-6578a8bf0ce6cb9f9e24f168" class="version-translation-container"> <div id="version-6578a8bf0ce6cb9f9e24f168-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="CA Service Professional Agreement"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023  <span class="light">to</span>  January 30th 2024</h5> <a id="download-version-6578a8bf0ce6cb9f9e24f168-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578a8bf0ce6cb9f9e24f168.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578a8bf0ce6cb9f9e24f168"> <div data-section-type="1" class="ps-section" data-id="HJRvMc8H6" data-time="1701384805530"> HANDY TECHNOLOGIES, INC. <br /> SERVICE PROFESSIONAL AGREEMENT <br /> Canada</div><div data-section-type="1" class="ps-section" data-id="HyeRwf9UH6" data-time="1701384805530"> This Service Professional Agreement (the Agreement) sets forth the terms and conditions whereby you, an independent service provider fully-licensed (to the extent required by applicable law) and qualified to provide the services contemplated by this Agreement (the Service Professional), agree to provide certain services (as described on Schedule 1) to third parties that that you may elect to provide from those which may, from time to time, be referred to you via the web-based platform of Handybook Canada ULC, with a registered office at 2900 - 550 Burrard Street, Vancouver, BC V6C 0A3 (Handy).</div><div data-section-type="1" class="ps-section" data-id="B1WRDGcLrp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HJf0wzq8Sp" data-time="1701384805530"> 1. GENERAL PROVISIONS</div><div data-section-type="1" class="ps-section" data-id="rkXCvzqUS6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="H1NADf9Lr6" data-time="1701384805530"> 1.1 <u>Background Statement.</u></div><div data-section-type="1" class="ps-section" data-id="ryrAvG9USa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SyICDGcLSa" data-time="1701384805530"> Handy is the creator of a technology platform that creates a marketplace to connect potential clients (Service Requesters) with fully-licensed (to the extend required by applicable law) and qualified professionals, such as Service Professional, in the business of providing home and/or office cleaning, handyperson services, plumbing services, electrical services, painting services, lawn care, and/or moving services (Services). Handy provides a web-based portal (the Handy Platform) through which Service Requesters may connect with a network of Service Professionals with whom they may arrange a variety of Services. Handy and Service Professional intend that Service Professional will provide these services to Service Requesters strictly as an independently-owned and operated business enterprise, and not as an employee, worker, agent, joint venturer, partner or franchisee of Handy or any Service Requester for any purpose. Handy does not provide the Services described in this Agreement and does not employ individuals to perform said Services. Handy's role is limited to offering the technology platform as a referral tool for Service Requesters and Service Professionals and facilitating payments from Service Requesters to Service Professionals.</div><div data-section-type="1" class="ps-section" data-id="ByD0PzcLBT" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="Hy_RvG9UHT" data-time="1701384805530"> 1.2 <u>The Handy Platform And Terms of Use.</u></div><div data-section-type="1" class="ps-section" data-id="BJK0DfcUS6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rJ9RvGcUBa" data-time="1701384805530"> Before receiving access to the Handy Platform, Service Professional must also review and agree to the <a href="handy.com/terms">Terms of Use</a> of the Handy Platform, which are incorporated herein by reference and which Service Professional acknowledges he/she has reviewed and accepted. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall control. From time to time, in their sole and complete discretion, Service Requesters will post jobs on the Handy Platform, setting forth the nature of the Services required (the Jobs). Jobs posted will include a date, general neighborhood or geographic area where the Job will take place, time (the Timeframe) in which Services are requested, and an estimate of time necessary to complete the work (the Estimated Work Time). Timeframes will be displayed on the Handy Platform either as a specific time (i.e. 5:00 pm) or as a range (i.e. 2:00 pm to 5:00 pm). The Estimated Work Time will be displayed as either a specific time (i.e. 2 hours) or as a range (i.e. 2-3 hours). Service Professional will then have the opportunity to review the Jobs and select those Jobs in Service Professional's area of expertise that meet Service Professional's preferred specifications as to Timeframe, neighborhood or geographic locations, date and fees. Handy does not guarantee any minimum number of jobs will be available to Service Provider at any point during the term of this Agreement. Subject only to the limitation set forth in paragraph 9.1, Service Professional is not obligated to review the Jobs posted or select any Jobs posted by any Service Requester at any time. Once a Service Professional selects a Job, the Handy Platform will confirm with the Service Professional and Service Requester that the Job has been booked by the Service Professional. Once a Job is booked, a contract is formed directly between the Service Requester and Service Professional for Service Professional to complete the Job. Service Professional hereby appoints Handy to be its disclosed agent for the purposes of entering into such a contract with the Service Requester with respect to those Jobs accepted by Service Professional. Service Professional agrees that Service Professional's name and phone number may be provided or made available to Service Requester by or on behalf of Handy after the Job is booked. It is possible that, based on Service Requester specifications, a Service Professional may claim a Timeframe and/or Estimated Work Time (i.e. a Service Professional may claim a Job with a Timeframe of noon - 3pm and has an Estimated Work Time of 2-3 hours and receive a Job that is at 1pm and only 2 hours). Service Professional acknowledges and agrees that he/she understands that claiming a Job that has a Timeframe and Estimated Work Time may result in receipt of a Job of less than the maximum time set forth in the Estimated Work Time.</div><div data-section-type="1" class="ps-section" data-id="Ski0wGcLHp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rknRwfcUrp" data-time="1701384805530"> 1.3 <u>Background Checks.</u></div><div data-section-type="1" class="ps-section" data-id="rJ6CwG5IST" data-time="1701384805530"> Before receiving access to the Handy Platform, Service Professional must submit to and pass a background check through Handy’s background check provider. After receiving access to the Handy Platform, Handy may conduct additional background checks on Service Professional through Handy’s background check provider. Handy conducts background checks in accordance with applicable law.</div><div data-section-type="1" class="ps-section" data-id="HkRRDzqUSa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="r1yl0vf5IBp" data-time="1701384805530"> 2. <u>THE SERVICES</u></div><div data-section-type="1" class="ps-section" data-id="Bkel0wG9Lr6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SkWgCPfc8Sa" data-time="1701384805530"> Service Professional shall be eligible to book Jobs through the Handy Platform requesting any Services that Service Professional is fully-licensed (to the extent required by applicable law) and qualified to provide as specified on Schedule 1 to this Agreement. In those jurisdictions where a license, permit, or certification is required to perform the Services, Service Professional shall, upon request, provide proof to Handy of all necessary licenses, permits and/or certifications before Service Professional provides any such Services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ByGl0vfqUBa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rymg0vfq8Bp" data-time="1701384805530"> 2.1 <u>Job Completion.</u></div><div data-section-type="1" class="ps-section" data-id="r14x0wz5IST" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HyHgCPfq8rp" data-time="1701384805530"> To ensure that the Handy platform remains a reliable source of referrals and to ensure all Service Professionals are able to have access to available Jobs, once Service Professional has been awarded a Job, Service Professional is contractually obligated to complete the Job within the Timeframe specified by, and to the satisfaction of, the Service Requester. Service Professional may not cancel the Job without advance notice of at least 24 hours to Service Requester and Handy, except in the case of an unavoidable emergency, in which case, Service Professional shall notify Service Requester and Handy as soon as practicable. In the event Service Professional, upon more than twenty-four (24) hours' notice, needs to reschedule a Job, Service Professional may contact the Service Requester and attempt to reschedule the Job. In the event that the Service Requester declines to reschedule,and Service Professional is unable to perform the Job as originally scheduled, Handy shall have the right to make the Job available on the Handy Platform. If Service Requester and Service Professional agree to reschedule, Service Professional agrees to notify Handy as promptly as possible so that Handy may update its platform. Repeated cancellations and/or rescheduled Jobs on short-notice by Service Professional may result in termination of this Agreement in accordance with Section 9. Additionally, at Handy's reasonable discretion, cancellation or rescheduling by Service Professional or Service Professional’s failure to complete a Job to the satisfaction of Service Requester may result in liquidated damages being charged to Service Professional as described in Schedule 2, which may be modified from time to time by Handy. Service Professional may also be entitled to a fee or liquidated damages in the event a Service Requester cancels or reschedules a Job as described in Schedule 2. Modifications to Schedule 2 will be effective upon written notification to Service Professional and will supersede any and all prior versions.</div><div data-section-type="1" class="ps-section" data-id="BJUe0wf5IBT" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HkveCvMqIrT" data-time="1701384805530"> Handy is interested only in the results to be achieved by Service Professional: completion of each accepted Job in accordance with Service Requester’s specifications as detailed by Service Requester. Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement. Service Professional understands and agrees that Service Professional's failure to complete a Job in accordance with Service Requester's specifications after he or she has booked that Job using the Platform constitutes a material breach of this Agreement and may result in liquidated damages as described in Schedule 2 and/or termination of this Agreement in accordance with Section 9, unless Service Professional cures the breach either through a reduced Service Fee or completion of the Job (without additional Service Fees being charged to the Service Requester) to the satisfaction of the Service Requester.</div><div data-section-type="1" class="ps-section" data-id="H1OxCwMcLS6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="Bktl0Dz5Ur6" data-time="1701384805530"> By accepting this Agreement, Service Professional authorizes Handy to withhold the amounts listed in Schedule 2 (where applicable) as payment of liquidated damages, if any, as referenced in this Agreement, from Service Professional's Service Fees.</div><div data-section-type="1" class="ps-section" data-id="SkceCDf58r6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="H1sxRvz9LH6" data-time="1701384805530"> 2.2 <u>Service Requester Ratings.</u></div><div data-section-type="1" class="ps-section" data-id="H12gRPGcUrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Skpe0wG5UBa" data-time="1701384805530"> Service Professional acknowledges that the Handy Platform is intended to refer Service Requesters only to those Service Professionals who maintain the highest standards of professionalism and quality of service. Service Professional acknowledges that Service Requestor may rate and review a Service Professional at the end of every booking. To ensure that the Handy Platform remains a reliable source of referrals, Service Professional agrees to maintain a Service Requester rating at or above the minimum rating established by Handy for access to the platform, as modified from time to time. In the event a Service Professional's aggregate rating falls below the applicable minimum rating, Handy reserves the right to deactivate the Service Professional's access to the Handy Platform. Handy agrees to provide Service Professional written notice of the minimum rating and any changes thereto.</div><div data-section-type="1" class="ps-section" data-id="HJ0eCDf9LHT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1J-RvzcIrp" data-time="1701384805530"> 2.3 <u>No Control.</u></div><div data-section-type="1" class="ps-section" data-id="BJgWCDzqIBT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkWW0vfcLHa" data-time="1701384805530"> Handy shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professional performs the Services, the Jobs Service Professional selects, the tools and materials used by Service Professional to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professional to assist in completing Jobs, or the manner in which Service Professional completes the Jobs. Handy will not and has no right to, under any circumstances, inspect Service Professional's work for quality purposes. Those provisions of the Agreement reserving ultimate authority in Handy have been inserted solely to achieve compliance with federal, provincial, or local laws, regulations, and interpretations thereof.</div><div data-section-type="1" class="ps-section" data-id="HyfWCPz5IHT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1XZCPf58Sa" data-time="1701384805530"> Where approved in advance by the Service Requester, and except as otherwise provided in this Agreement, Service Professional is not obligated to personally perform the Services. Service Professional shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professional deems necessary and appropriate to complete the Services. Service Professional shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of same.</div><div data-section-type="1" class="ps-section" data-id="rk4bCPz9ISa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkS-RPM58r6" data-time="1701384805530"> Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professional, Service Professional shall require any such individuals to submit to a basic background check satisfactory to Handy.</div><div data-section-type="1" class="ps-section" data-id="ByIWRPfc8Hp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ByvbCvG9UBT" data-time="1701384805530"> Service Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required state and federal income tax withholdings, unemployment insurance, and Canada Pension Plan premiums as to Service Professional and all persons engaged by Service Professional in the performance of the Services. Service Professional shall be responsible for, and shall indemnify and hold Handy harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="BJO-RDGcUSa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkKbRwf5LST" data-time="1701384805530"> 3. SERVICE FEES</div><div data-section-type="1" class="ps-section" data-id="Sy9-ADzqIHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJjW0PG98BT" data-time="1701384805530"> 3.1 <u>Service Fees.</u></div><div data-section-type="1" class="ps-section" data-id="SkhW0DGcISp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BJabRDz98Sa" data-time="1701384805530"> Service Requester shall pay for completed Jobs through the Handy Platform at the rates quoted by Handy at the time the Job is posted on the Handy Platform, which shall be based on the stated parameters of the Job (the Job Rate). Each Job made available to Service Professional on the Platform shall set forth the Timeframe, Estimated Work Time, details about the Service requested, the Job Rate, and the estimated Service Fee the Service Professional shall be entitled to upon completion of the Job, as modified from time to time. The difference between the Job Rate and Service Fee shall be the fee owed to Handy for referring the Job and facilitating the payment from Service Requester to Service Professional (Booking Fee).</div><div data-section-type="1" class="ps-section" data-id="H1AZAvM5Urp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJkzRvfqLrp" data-time="1701384805530"> Modifications to pricing and fees will be effective upon written notification to Service Professional and will supersede any and all prior versions. Notwithstanding the provisions of Section 15, the availability of any such modified pricing and/or fees on the Handy Platform shall constitute written notice to Professional for purposes of this Section 3.1, which shall be effective at the time such modified pricing and/or fees are made available to Service Professional. By accepting this Agreement, Service Professional authorizes Handy to withhold Handy's Booking Fee from the payment made to the Service Professional for each Job.</div><div data-section-type="1" class="ps-section" data-id="HJlMRwMq8Bp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJbfCDz9IST" data-time="1701384805530"> 3.2 <u>Service Fee Negotiation.</u></div><div data-section-type="1" class="ps-section" data-id="rkGMADf5IBp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hk7MADzcUS6" data-time="1701384805530"> If a Job referred to and accepted by Service Professional requires more time to complete than the Estimated Work Time, Service Requester and Service Professional may, prior to Service Professional providing any Services above and beyond the Estimated Work Time, negotiate an increase in Service Fees based on the estimated additional time needed to complete the Job. Upon agreement to an increase in Service Fees, Service Professional and Service Requester shall notify Handy. Handy shall have no involvement in negotiating any increase in the Service Fees.</div><div data-section-type="1" class="ps-section" data-id="rkVfCDf5ISp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ByBMADf5UH6" data-time="1701384805530"> 3.3 <u>Service Fee Payment.</u></div><div data-section-type="1" class="ps-section" data-id="B1LGRwzcLHa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJwGCwfqUBa" data-time="1701384805530"> When a Job is complete, Service Professional will submit to the Service Requester and Handy confirmation that the Job is complete. Handy shall then remit payment for each Job, less Handy's Booking Fee, within seven (7) business days. Handy's failure to remit payment within seven (7) business days shall constitute a material breach of this Agreement. For purposes of this Section 3.3, “remit” shall refer to Handy’s initiation of a payment to Service Professional; provided that Handy has initiated payment to Service Professional within seven (7) business days following the day the Job was completed, Handy shall not be liable if the paid amount is not accessible by Service Professional within that time frame. Service Professional may request payment for a booking to be remitted sooner than as set forth above for a fee as set forth in Schedule 2. Such fee will apply each time that the Service Professional requests a payment. When Service Professional requests this expedited payment, Handy will remit payment within (3) business days. If applicable, Handy will report the payments paid to Service Professional under this Agreement by filing the appropriate Form T4A with Revenue Canada as required by law. Payment processing services for Service Professionals are provided by Stripe and are subject to the <a href="https://stripe.com/ca/connect-account/legal"> Stripe Connected Account Agreement </a> , located at https://stripe.com/ca/connect-account/legal, which includes the <a href="https://stripe.com/ca/legal">Stripe Terms of Service</a> located at https://stripe.com/ca/legal (collectively, the Stripe Services Agreement). By agreeing to this Agreement, Service Professional agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Handy enabling payment processing services through Stripe, Service Professional agrees to provide Handy accurate and complete information about Service Professional and Service Professional's business, and Service Professional authorizes Handy to share it and transaction information related to Service Professional's use of the payment processing services provided by Stripe.</div><div data-section-type="1" class="ps-section" data-id="S1_fAwMc8Ba" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rkKzCwz9UHT" data-time="1701384805530"> 4. EQUIPMENT AND OPERATIONS</div><div data-section-type="1" class="ps-section" data-id="SycMCvf58H6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJozCwfcIBa" data-time="1701384805530"> 4.1 <u>Compatible Mobile Device.</u></div><div data-section-type="1" class="ps-section" data-id="By2f0DG5IB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkpMRvMcLrp" data-time="1701384805530"> In order to book Jobs, Service Professional must possess a smartphone equipped with access to the Handy Platform (the Compatible Mobile Device). If Service Professional does not possess a Compatible Mobile Device, Handy and Service Professional may, at Service Professional's sole discretion, enter into a written agreement governing the terms under which Handy will provide a Compatible Mobile Device. Any phone provided to Service Professional pursuant to any such written agreement must be returned upon termination of this Agreement. If Service Professional does not return the Compatible Mobile Device upon termination of the Agreement, Service Professional authorizes Handy to withhold the cost of the Compatible Mobile Device from Service Professional's Service Fees remaining at the time the Agreement is terminated. The intended purpose of any Compatible Mobile Device provided by Handy is to permit access to Handy's proprietary software. The Compatible Mobile Device cannot be used for any other purpose than to access the Handy Platform. In no event will Handy monitor or have the right to monitor Service Professional's usage of the Handy Platform through the Compatible Mobile Device, although Handy may collect operational data, such as features the Service Professional uses on the Handy Platform, for the purpose of improving the software.</div><div data-section-type="1" class="ps-section" data-id="r1CGRDGcIHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BJJmRPfqLST" data-time="1701384805530"> 4.2 <u>Pro Portal</u></div><div data-section-type="1" class="ps-section" data-id="BklQRwGc8Ba" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="B1ZX0wfcUHp" data-time="1701384805530"> In order to book Jobs, Service Professional must download Handy's Service Professional mobile application (the Pro Portal) onto the Compatible Mobile Device used by the Service Professional. Handy collects the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device from the Pro Portal for a period of time starting 4 hours prior to the scheduled start of a Job for the purpose of (i) providing support for the Service Professional and Service Requester to find each other and (ii) confirming that the Service Professional will perform the Job claimed by the Service Professional and ending 2 hours following the scheduled end of a Job for the purpose of confirming that the Job is completed. In addition, at any point, Handy may collect the Location Coordinates of the Compatible Mobile Device on which the Pro Portal is installed for the purpose of referring Jobs to a Service Professional that are posted on short notice by Service Requesters in the Service Professional's vicinity. Service Professional shall have no obligation to accept any Job offered in this manner. For up to a 4 hour period prior to the scheduled start of a Job, Handy may share the Service Professional's Location Coordinates with the Service Requester who requested the Job for the purpose of assisting the Service Requester and Service Professional to coordinate the Services and to confirm that the Service Professional will perform the Job claimed by the Service Professional. Handy may also disclose the Service Professional's Location Coordinates and contact information as required by applicable law, to authorized service providers, or when Handy believes that such disclosure is necessary to protect the rights, property, or safety of Handy, Handy Platform users, Service Requesters, or others. Handy has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Service Professional provides the Services contemplated by this Agreement, or the frequency with which the Service Professional uses the Handy Platform to book Jobs. The Service Professional may stop Location Coordinates collection only by uninstalling the Pro Portal from the Compatible Mobile Device. Handy retains Location Coordinates information to confirm that the Job has been completed and retains de-identified Location Coordinates data indefinitely. By executing this Agreement, Service Professional agrees to the use and disclosure of Location Coordinates information as described above.</div><div data-section-type="1" class="ps-section" data-id="HJGX0wfcLHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryQXCwz5Ur6" data-time="1701384805530"> 4.3 <u>Costs of Operation.</u></div><div data-section-type="1" class="ps-section" data-id="SkVXAwMq8ra" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Byrm0Dz9IrT" data-time="1701384805530"> Service Professional is solely responsible for any costs or expenses incurred by Service Professional in connection with the operation of Service Professional’s business and the performance of the Services. Service Professional shall furnish and maintain, at Service Professional's own expense, the tools, equipment, supplies, and other materials used to perform the Services. Service Professional, at Service Professional's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. At Service Professional's request, Handy may offer to Service Professional certain equipment, supplies, and materials for purchase. Service Professional is not required to purchase any equipment, tools, supplies, or materials from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="SJUQCPf5IBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJP7Cvz98r6" data-time="1701384805530"> 4.4 <u>Handy Apparel or Identification.</u></div><div data-section-type="1" class="ps-section" data-id="Sy_Q0PfqUSa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkKmAvzcLBp" data-time="1701384805530"> Service Professional will have no obligation to wear or display the apparel, badge or other form of identification.</div><div data-section-type="1" class="ps-section" data-id="ryc70wfqIHa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkiQ0PM5Urp" data-time="1701384805530"> 4.5 <u>Use of Voice, Image and Likeness.</u></div><div data-section-type="1" class="ps-section" data-id="B13X0wMcLB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="H16m0wfq8S6" data-time="1701384805530"> Service Professional gives Handy permission to use any and all of Service Professional's voice, image, likeness and any ratings and reviews from Service Requesters about Service Professional, with or without using Service Professional's name, in connection with the products and/or services available through the Handy Platform, for the purposes of advertising and promoting such products and/or services and/or Handy, for the purposes of identifying Service Professional to Service Requester, and/or for other purposes deemed appropriate by the Handy in its reasonable discretion, except to the extent expressly prohibited by law. In addition to the foregoing, Service Professional may be required to submit an image for use by the Handy Platform to facilitate identifying Service Professional with Service Requestors. Service Professional also represents and warrants the Service Professional owns the copyright of any image or likeness that the Service Professional provides to Handy.</div><div data-section-type="1" class="ps-section" data-id="r1CmADMcIBp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hk140Pz9UH6" data-time="1701384805530"> 4.6 <u>Call and SMS Data.</u></div><div data-section-type="1" class="ps-section" data-id="B1l4RPMcUBp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryZ4ADfcLB6" data-time="1701384805530"> Service Professional understands and agrees that Handy uses a service provider to mask the Service Professional's (and Service Requestor) phone number when the Service Professional calls or exchanges text (SMS) messages with the Service Requestor through the Handy Platform. To facilitate this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. Service Professional consents to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes, including to investigate and help to resolve service complaints and disputes between Service Requestors and Service Professionals.</div><div data-section-type="1" class="ps-section" data-id="rkz4APf58rp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJmERvGcIB6" data-time="1701384805530"> Service Professional also consents to Handy's sending text (SMS) messages directly to the Service Professional as described in the Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="BJEE0Dz9LB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rkS4Avz5IHp" data-time="1701384805530"> 5. RELATIONSHIP OF THE PARTIES</div><div data-section-type="1" class="ps-section" data-id="rJLVAwMcIBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJD4CPMcLS6" data-time="1701384805530"> Service Professional is an independent contractor and has not been engaged by Handy to perform services on Handy's behalf. Rather, Service Professional has entered into this Agreement for the purpose of having access to the Handy Platform and the exclusive marketplace for services thereby created by Handy, in exchange for which it pays Handy a fee, as described herein. This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Service Professional and Handy or any Service Requester for any purpose. Service Professional has no authority (and shall not hold himself or herself out as having authority) to bind Handy and Service Professional shall not make any agreements or representations on Handy's behalf without Handy's prior written consent. Service Professional understands that Service Professional will not be eligible to participate in any benefit plans offered to Handy's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Handy to its employees. Handy will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Service Professional's behalf. Service Professional has sole responsibility, as an independent contractor, to comply with all laws, rules and regulations relating to the provision of any Services, including without limitation, applicable provincial and federal privacy legislation, anti-spam legislation, requirements under the Income Tax Act (Canada), the Employment Insurance Act (Canada), and the Canada Pension Plan Act. Service Professional shall be responsible for deducting any and all applicable federal and provincial taxes, deductions, premiums, and amounts owing with respect to any Job Rates paid to Service Professional and remitting such amounts to those governmental authorities as prescribed by law. As an independent contractor, Service Professional shall not be entitled to any employment related benefits from Handy, including without limitation, any payments under the Ontario Employment Standards Act, 2000, as amended or replaced, or the British Columbia Employment Standards Act, as applicable. Upon termination of this Agreement, Handy shall only be responsible for paying those Job Rates associated with Services provided by Service Professional up to and including the termination of this Agreement. With the exception of such amounts, Service Professional shall have no further claim or cause of action against Handy for any cause, matter or thing relating to an alleged employment relationship between Service Professional and Handy, including, without limitation, any claim for reasonable notice of termination, pay in lieu of notice, termination, severance or vacation pay, expenses, bonus or incentive plan payments, profit sharing, stock options, overtime pay, or pension entitlements whether arising pursuant to statute, contract, common law or otherwise. Service Professional shall be responsible for, and shall indemnify and hold Handy harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or by any third party with respect to any claims for taxes or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="r1_NRDfcLBT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkKEAwz5UHa" data-time="1701384805530"> 6. REPRESENTATIONS AND WARRANTIES</div><div data-section-type="1" class="ps-section" data-id="rJ540wz5UST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HyoECPMq8Ba" data-time="1701384805530"> Service Professional represents and warrants to Handy that: (a) Service Professional has the legal right to provide the Services that are contemplated by this Agreement in Canada; (b) Service Professional is fully-licensed (to the extent required by applicable law) and authorized to provide the Services contemplated by this Agreement within the jurisdiction in which Service Professional intends to offer said Services, and has the required skill, experience, and qualifications to perform the Services; and (c) Service Professional shall perform the Services in accordance with best industry standards for similar services and shall ensure that all assistants, helpers, subcontractors and other personnel used by the Service Professional in relation to the delivery of Services shall do likewise, including the completion of all Jobs referred to Service Professional that he/she opts to accept through the Platform. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="r1nNAPG98Ba" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkaVRPGqIra" data-time="1701384805530"> 7. INDEMNIFICATION</div><div data-section-type="1" class="ps-section" data-id="SJANRDf9UHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hy1HCwM9IBp" data-time="1701384805530"> Service Professional shall defend, indemnify and hold harmless Handy and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Service Professional's acts or omissions; and (b) Service Professional's breach of any representation, warranty, or obligation under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="H1xHAwG9UST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SyZSRPM9USp" data-time="1701384805530"> The Services that Service Professional provides pursuant to this Agreement are fully and entirely Service Professional's responsibility. Handy is not responsible or liable for the actions or inactions of a Service Requester or other third party in relation to the Services provided by Service Professional. Service Professional understands, therefore, that by using the Handy Platform, Service Professional will be introduced to third parties in relation to whom handy has not conducted any background or reference checking, that may be potentially dangerous, and that Service Professional uses the Handy Platform at his/her own risk.</div><div data-section-type="1" class="ps-section" data-id="BkfHADGcUrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1QHADG9Lrp" data-time="1701384805530"> 8. INSURANCE</div><div data-section-type="1" class="ps-section" data-id="B14HCwf5Ura" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BySSRDMqUS6" data-time="1701384805530"> It is the sole responsibility of the Service Professional to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to Handy, with policy limits sufficient to protect and indemnify Handy and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Professional or Service Professional's assistants, agents, contractors, servants, or employees.</div><div data-section-type="1" class="ps-section" data-id="r1UH0PM98H6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkwH0Pz9UBp" data-time="1701384805530"> 9. TERM; TERMINATION.</div><div data-section-type="1" class="ps-section" data-id="S1_B0DM98H6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1YrRPz9UBT" data-time="1701384805530"> 9.1 <u>Term.</u></div><div data-section-type="1" class="ps-section" data-id="rJ9HRvMqUBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1iBRDM5LHT" data-time="1701384805530"> This Agreement shall be effective as of the date it is executed by Service Professional and shall remain in effect unless and until terminated as set forth in this paragraph 9(the Term). Service Professional understands that Handy may temporarily deactivate Service Professional's profile on Handy Platform in the event that Service Professional is inactive on the Handy Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Handy shall reactivate Service Professional's profile upon request from Service Professional.</div><div data-section-type="1" class="ps-section" data-id="r13r0Dz5ISa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkTSAPG9Ura" data-time="1701384805530"> The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Service Professional the right to choose when to make himself or herself available and each Job referred and accepted is treated as a separate service arrangement.</div><div data-section-type="1" class="ps-section" data-id="rkABRwGcISa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkJU0DGc8ra" data-time="1701384805530"> 9.2 <u>Termination.</u></div><div data-section-type="1" class="ps-section" data-id="r1xLCwG58rp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJbUAPfcIrp" data-time="1701384805530"> (a) Except as stated in Section 9.5 below, Handy and Service Professional may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Handy's failure to timely remit Service Fees as described herein, Service Professional's failure to complete a Job he or she has booked on the platform to the Service Requester’s satisfaction, Service Professional’s failure to meet the applicable minimum rating,or if a Service Professional cancels or reschedules two (2) or more Jobs he or she has booked on less than 2 hours' notice prior to the applicable Job start time within any twenty-eight (28) day period.</div><div data-section-type="1" class="ps-section" data-id="SyGLCwG9USa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJX80wGqLSp" data-time="1701384805530"> In the event there is a dispute whether Handy or Service materially breached the agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration as described in paragraph 12.2, below. In the event of such disputes, Handy shall bear all the Arbitrator's fees and costs.</div><div data-section-type="1" class="ps-section" data-id="SyVURwGcIB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1HURPMqUHT" data-time="1701384805530"> (b) In addition to the foregoing, Handy and Service Professional may terminate the Agreement for any reason upon fifteen (15) days' written notice.</div><div data-section-type="1" class="ps-section" data-id="rkLU0DM5Ira" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1PIADz58S6" data-time="1701384805530"> 9.3 <u>Service Professional's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="H1uURvG9UrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SyYI0PzcISa" data-time="1701384805530"> Upon termination of this Agreement for any reason, Service Professional shall: (a) complete any outstanding Jobs Service Professional has booked (the Outstanding Jobs); (b) within ten (10) days after the effective date of the termination, or as otherwise agreed in writing, return any Handy property in Service Professional's possession, including but not limited to, any Compatible Mobile Device supplied by Handy; and (c) certify in writing to Handy that Service Professional has complied with the requirements of this paragraph.</div><div data-section-type="1" class="ps-section" data-id="Sk9IRPz98H6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HysIRDz5IrT" data-time="1701384805530"> 9.4 <u>Handy's Obligations Upon Termination.</u></div><div data-section-type="1" class="ps-section" data-id="S1nIAPMcIB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1pL0vMq8B6" data-time="1701384805530"> Upon termination of this Agreement: (a) if the termination is effected by Handy, Handy shall immediately pay to Service Professional any outstanding earned Service Fees; or (b) if the termination is effected by Service Professional, Handy shall pay to Service Professional any outstanding earned Service Fees within seven (7) business days. In either event, Handy shall pay Service Fees for any Outstanding Jobs as soon as practicable after Service Professional has completed the Outstanding Jobs.</div><div data-section-type="1" class="ps-section" data-id="ByAU0PG5LSa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="B1yPAwzq8rT" data-time="1701384805530"> 9.5 <u>Surviving Provisions.</u></div><div data-section-type="1" class="ps-section" data-id="B1ePRwf5Ir6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryWwCwf9ISa" data-time="1701384805530"> The terms and conditions of this paragraph 9.5 and paragraphs 5, 6, 7, 9.3, 9.4, 10, 11, and 12 shall survive the expiration or termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="S1zvAvz9LS6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="BJmwAPzcIra" data-time="1701384805530"> 10. OTHER BUSINESS ACTIVITIES</div><div data-section-type="1" class="ps-section" data-id="B1Vv0vMqUr6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1SPADz9ISp" data-time="1701384805530"> Service Professional may be engaged or employed in any other business, trade, profession, or other activity, including providing Services to customers booked through means other than the Handy Platform, including other web-based portals, smartphone applications, and/or platforms. However, Service Professional shall not affirmatively solicit Service Requesters originally referred through the Handy Platform to book jobs through any means other than the Handy Platform; provided, however, Handy may charge Service Professional a referral fee in the event the Service Professional affirmatively solicits Service Requesters originally referred through the Handy Platform to book jobs through any means other than the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="HyIvAPz5IS6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rkDP0DM9LBa" data-time="1701384805530"> <br /> </div><div data-section-type="1" class="ps-section" data-id="r1OwADGcLrp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkYwCPGqIr6" data-time="1701384805530"> 11. ASSIGNMENT</div><div data-section-type="1" class="ps-section" data-id="SJ5PRDG5IST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1oD0wf5LB6" data-time="1701384805530"> Service Professional may not assign this Agreement, absent written authorization by Handy. This provision shall not be construed as limiting Service Professional’s right to engage personnel to assist in the Services as set forth in this Agreement. Handy may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="HJnDCvM5UH6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJavRPzcIBp" data-time="1701384805530"> 12. DISPUTE RESOLUTION; GOVERNING LAW</div><div data-section-type="1" class="ps-section" data-id="H1Av0DM5IrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJkOCDM98rp" data-time="1701384805530"> 12.1 <u>Informal Negotiations.</u></div><div data-section-type="1" class="ps-section" data-id="SylO0Df5UHT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJbO0DzqLra" data-time="1701384805530"> To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Service Professional and Handy, Service Professional and Handy agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice of the dispute, controversy, or claim. Service Professional's address for such notices shall be the address provided by the Service Professional in the Pro Portal (or to such other address that may be designated by the receiving party from time to time in accordance with this paragraph). Handy's address for such notices is Handy, Inc., PO Box 1122, New York, NY 10059.</div><div data-section-type="1" class="ps-section" data-id="ByMOADzcUH6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJQdRvfqUHp" data-time="1701384805530"> 12.2 <u>Mandatory and Exclusive Arbitration.</u></div><div data-section-type="1" class="ps-section" data-id="H1E_0Pz5UHa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkHORPM5Ir6" data-time="1701384805530"> Handy and Service Professional mutually agree that any claim, controversy or dispute in connection with or arising out of or relating to this Agreement, including (without limitation) its negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party to this Agreement, shall be referred to and finally determined by arbitration by a single arbitrator (the Arbitrator) in accordance with the British Columbia Arbitration Act, RSBC 1996, c.55 or the Ontario Arbitration Act, 1991, S.O. 1990, c. 17, as applicable. For Service Professionals providing Services in British Columbia, the seat of the arbitration shall be British Columbia and all hearings shall be conducted in the City of Vancouver in the English language. For Service Professionals providing Services in Ontario, the seat of the arbitration shall be Ontario and all hearings shall be conducted in the City of Toronto in the English language.</div><div data-section-type="1" class="ps-section" data-id="ryLOCPGqLSp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkwuAvMcIST" data-time="1701384805530"> (a) Either party to the Agreement (the Applicant) may commence arbitration by delivering a written notice (a Complaint) to the other party against whom the Applicant seeks relief (the Respondent). In the Complaint, the Applicant shall describe the substance of the matter which is submitted to arbitration and name three (3) persons whom the Applicant is prepared to nominate as arbitrator, each of such persons to be independent of the Parties and qualified by education and training to pass upon the particular matter in dispute (an Approved Arbitrator). Within seven (7) days of the receipt of the Complaint, the Respondent shall by written notice to the Applicant select one of the three (3) persons named by the Applicant or provide the Applicant with a list of three (3) persons who are Approved Arbitrators. Within seven (7) days of receipt of the Respondent's list, by written notice to the Respondent, the Applicant shall select one of such persons, or provide a further list of three (3) Approved Arbitrators. The Parties shall continue to exchange lists of three (3) Approved Arbitrators in this fashion until an Approved Arbitrator is selected. Neither Handy nor the Service Professional nor their representatives shall communicate with any proposed Arbitrator at any time during the arbitrator-selection process prior to the appointment of the Arbitrator.</div><div data-section-type="1" class="ps-section" data-id="B1Od0Pf5USa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Syt_APzqUHT" data-time="1701384805530"> The Arbitrator's award shall be final and binding on the Service Professional and Handy. There shall be no appeal from the Arbitrator's award.</div><div data-section-type="1" class="ps-section" data-id="SJcuAPf5Ir6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkidCwM9UBp" data-time="1701384805530"> The fees and expenses of the Arbitrator and costs of the arbitration facilities shall be periodically billed to and paid in equal proportions by the Parties to the Arbitration as the Arbitration proceeds. The Arbitrator shall have the power to award costs, including the fees and expenses of the Arbitrator and costs of the arbitration facilities, in whole or in part, upon hearing submissions by any Party requesting same, and any responding submissions from the other Party.</div><div data-section-type="1" class="ps-section" data-id="rJ3uRvGcLH6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1adAPGqIBT" data-time="1701384805530"> The arbitration, any awards and all proceedings in relation thereto shall be private and confidential between the Parties except to the extent that any disclosure is necessary for the purpose of any court proceedings under this section or the British Columbia Arbitration Act or the British Columbia Arbitration Act, as applicable.</div><div data-section-type="1" class="ps-section" data-id="SJRd0PzcLHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1yKADzcLBa" data-time="1701384805530"> (b) CLASS ACTION WAIVER-PLEASE READ. Handy and Service Professional mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (Class Action Waiver). Notwithstanding any other clause contained in this Agreement, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="rJgF0PfqLS6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rk-YRwf9LST" data-time="1701384805530"> (c) Service Professional agrees and acknowledges that entering into this arbitration agreement does not change Service Professional's status as an independent contractor in fact and in law, that Service Professional is not an employee of Handy or any Service Requester and that any disputes in this regard shall be subject to arbitration as provided in this agreement.</div><div data-section-type="1" class="ps-section" data-id="ByMFAvfc8BT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryXK0wG5UHa" data-time="1701384805530"> (d) Regardless of any other terms of this Agreement, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.</div><div data-section-type="1" class="ps-section" data-id="HJVFRPMqUr6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="B1BKAwG98Sp" data-time="1701384805530"> (e) Right To Consult With A Lawyer: Service Professional has the right to consult with private counsel of Service Professional's choice for independent legal advice with respect to any aspect of, or any claim that may be subject to, this dispute resolution provision.</div><div data-section-type="1" class="ps-section" data-id="SJLYCDz98B6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJDF0Pf5USp" data-time="1701384805530"> (f) In the event any portion of this dispute resolution provision is deemed unenforceable, the remainder of this dispute resolution provision will be enforceable. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid or unenforceable, the class, collective, or representative general action to that extent must be litigated in a court of competent jurisdiction, but the portion of the Class Action Waiver that is valid and enforceable shall be enforced in arbitration.</div><div data-section-type="1" class="ps-section" data-id="Hk_YCPzc8Sa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ByKFRPG9Ur6" data-time="1701384805530"> 12.3 <u>Governing Law.</u></div><div data-section-type="1" class="ps-section" data-id="H15KCPGcIST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJsY0vzqLHT" data-time="1701384805530"> For Service Professionals providing Services primarily in Ontario, this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. For Service Professionals providing Services primarily in British Columbia, this Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in the Province of British Columbia.</div><div data-section-type="1" class="ps-section" data-id="r12tRwzcIrT" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJptRPGcIHT" data-time="1701384805530"> 13. SERVICE REQUESTER PRIVACY</div><div data-section-type="1" class="ps-section" data-id="SyCF0wfcUS6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1k5Cwz5IBT" data-time="1701384805530"> Service Professional understands that in performing the Services, he or she will receive certain private and/or confidential information regarding the Service Requesters and will have access to their homes and personal belongings. Except upon order of government authority (e.g., Court, administrative agency) having jurisdiction, or upon written consent by the Service Requester, Service Professional agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the Service Requesters, including addresses, telephone numbers and/or financial information. Service Professional further agrees not to engage in any activity which violates the privacy of any Service Requester, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Service Requester or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="rke50DM9UHp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Bk-9Avfc8H6" data-time="1701384805530"> 14. MODIFICATION</div><div data-section-type="1" class="ps-section" data-id="Hyz50wM9Ura" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hy7cCDf9LHT" data-time="1701384805530"> Service Professional hereby expressly acknowledges and agrees that, by using or receiving access to the Handy Platform, Service Professional and Handy are bound by the then-current version of this Agreement, including any modifications and supplements to this Agreement or documents incorporated herein, including the Schedules below. Continued use of the Handy Platform after any modifications or supplements to the Agreement shall constitute Service Professional's consent to such modifications and supplements. Service Professional is responsible for regularly reviewing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1E9CvGcLSp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJrcAPzqLB6" data-time="1701384805530"> 15. MISCELLANEOUS</div><div data-section-type="1" class="ps-section" data-id="BkL9RPGcUrp" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Byw5RDG98Ba" data-time="1701384805530"> All notices other than those required by Section 3.1 and Section 12, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this paragraph). The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or electronic (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). This Agreement, together with any other documents incorporated herein by reference, and related exhibits and schedules, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement may be executed in multiple counterparts, including by facsimile or other electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.</div><div data-section-type="1" class="ps-section" data-id="By_50DG5LBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="H1Y9RwM9LHT" data-time="1701384805530"> This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Handy's website or the Handy Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.</div><div data-section-type="1" class="ps-section" data-id="r19cCPMqLr6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJj5CwMcISp" data-time="1701384805530"> Service Professional acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Service Professional's own expense, prior to signing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="rkh5Cvz9IBa" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="Bk6cAvGcUBa" data-time="1701384805530"> BY CHECKING THE BOX STATING I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT, YOU HEREBY AGREE TO THIS SERVICE PROFESSIONAL AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="SJCcCPGqUST" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="r1ksCDf5Lrp" data-time="1701384805530"> You understand that your electronic signature is as legally binding as a handwritten signature.</div><div data-section-type="1" class="ps-section" data-id="ryeoCDG98Ha" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HJWiRPMq8ra" data-time="1701384805530"> SCHEDULE 1</div><div data-section-type="1" class="ps-section" data-id="SJGoCwzcUB6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryQi0wMq8Bp" data-time="1701384805530"> Service Professional is licensed (to the extent required by applicable law), qualified and otherwise authorized to provide the following Services:</div><div data-section-type="1" class="ps-section" data-id="By4jAvz5Ur6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkrjCwGcUBT" data-time="1701384805530"> Home Cleaning</div><div data-section-type="1" class="ps-section" data-id="H1IoAPf98Hp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HJvjCPf5IH6" data-time="1701384805530"> Office Cleaning</div><div data-section-type="1" class="ps-section" data-id="S1uiRPfqISa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="B1YsRwGqUrT" data-time="1701384805530"> Furniture Assembly</div><div data-section-type="1" class="ps-section" data-id="rycsRDfcLr6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SkojCvMcIHa" data-time="1701384805530"> Hanging Pictures and Shelves</div><div data-section-type="1" class="ps-section" data-id="rJ3iRDf9IBa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="ByajRPM9IBa" data-time="1701384805530"> Mounting Televisions</div><div data-section-type="1" class="ps-section" data-id="SJAsRPz9Urp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="ByknRDf98rp" data-time="1701384805530"> Moving Help</div><div data-section-type="1" class="ps-section" data-id="Hkxn0PM58Ba" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HyW20vzqLr6" data-time="1701384805530"> Interior Painting</div><div data-section-type="1" class="ps-section" data-id="rJz3APM9IH6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SJX3RDM9LSp" data-time="1701384805530"> Drain Work</div><div data-section-type="1" class="ps-section" data-id="S1EhAwfcUST" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="S1H2AwM9ISa" data-time="1701384805530"> AC Work</div><div data-section-type="1" class="ps-section" data-id="ByL2ADz9UHp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SJw2RDMqIB6" data-time="1701384805530"> Other Handyman Work</div><div data-section-type="1" class="ps-section" data-id="By_nAPG9UHT" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="B1FhRvMc8HT" data-time="1701384805530"> Window Treatments</div><div data-section-type="1" class="ps-section" data-id="Hk5nCDM9Ur6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="S1o2RvMcUra" data-time="1701384805530"> Garbage Disposal Work</div><div data-section-type="1" class="ps-section" data-id="Hk3n0wGqIBp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="BkphADM9IrT" data-time="1701384805530"> Toilet Work</div><div data-section-type="1" class="ps-section" data-id="B1ChRDfqLHp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="BkJTRvfqLr6" data-time="1701384805530"> Other Plumbing Work</div><div data-section-type="1" class="ps-section" data-id="SyeaADMc8r6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="Hk-TADz5Lr6" data-time="1701384805530"> Ceiling and Bath Fans - Electrical</div><div data-section-type="1" class="ps-section" data-id="HyGpCwf98BT" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="B17aCwfc8Ha" data-time="1701384805530"> Light Fixtures - Electrical</div><div data-section-type="1" class="ps-section" data-id="SkNT0PM98Sp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="rkr6APzqLST" data-time="1701384805530"> Outlets - Electrical</div><div data-section-type="1" class="ps-section" data-id="By8aCPfcIH6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="BJw6RwGc8ra" data-time="1701384805530"> Other Electrical Work</div><div data-section-type="1" class="ps-section" data-id="H1OTRDG9LSp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="HkYp0Dzq8r6" data-time="1701384805530"> Lawn Care</div><div data-section-type="1" class="ps-section" data-id="ByqaRDG5Ura" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="Hys6Awzq8ST" data-time="1701384805530"> Other</div><div data-section-type="1" class="ps-section" data-id="rkhTRvfq8rp" data-time="1701384805530"><br /> </div><div id="schedule_3" data-section-type="1" class="ps-section" data-id="rkpTAwM9UHT" data-time="1701384805530"> <br /> SCHEDULE 2 - LIQUIDED DAMAGES FOR SERVICE FAILURE/CANCELLATION*</div><div data-section-type="1" class="ps-section" data-id="H1CTCPG5UBp" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="H1JARvz9LSa" data-time="1701384805530"> <table border="1" cellspacing="0" cellpadding="0" class="ps-section" data-id="SJlRCwz98H6" data-time="1701384805530" data-section-type="6"> <colgroup> <col width="453"></col> <col width="170"></col> </colgroup> <tbody class="ps-section" data-id="BJW0CPf9USp" data-time="1701384805530"> <tr class="ps-section" data-id="BJG0APMq8Ha" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="rym00PzqLH6" data-time="1701384805530"> <div class="ps-section" data-id="rJV00wM5Lrp" data-time="1701384805530" data-section-type="1"> Service Professional fails to complete Job in accordance with Service Requester specifications, including as to particular Services requested or Job start time, and Service Requester complains </div> </td> <td class="ps-section ps-parent" data-id="ByBRADGq8r6" data-time="1701384805530"> <div class="ps-section" data-id="ByLACPM5Ir6" data-time="1701384805530" data-section-type="1"> Fee of $15 </div> </td> </tr> <tr class="ps-section" data-id="H1wRRvf98rp" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="BkuACvG58H6" data-time="1701384805530"> <div class="ps-section" data-id="ryYRCDf5UrT" data-time="1701384805530" data-section-type="1"> Service Professional leaves Job before Estimated Work Time has elapsed </div> </td> <td class="ps-section ps-parent" data-id="H1cARPG5UH6" data-time="1701384805530"> <div class="ps-section" data-id="H1j0RPfqLHp" data-time="1701384805530" data-section-type="1"> Fee of $7.50 per half hour not worked </div> </td> </tr> <tr class="ps-section" data-id="Hkn00PM9UBT" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="BkaRAPM9LSa" data-time="1701384805530"> <div class="ps-section" data-id="BkAC0wGqLS6" data-time="1701384805530" data-section-type="1"> Service Professional cancels or reschedules on less than 48 hours’ notice but with more than 24 hours’ notice prior to Job start time </div> </td> <td class="ps-section ps-parent" data-id="r11klRDf58ST" data-time="1701384805530"> <div class="ps-section" data-id="S1lkg0wf5LSa" data-time="1701384805530" data-section-type="1"> Fee of $10 </div> </td> </tr> <tr class="ps-section" data-id="Hy-ylADMqLST" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="B1zyeRDM9IST" data-time="1701384805530"> <div class="ps-section" data-id="rkQJgAwMcIrT" data-time="1701384805530" data-section-type="1"> Service Professional cancels or reschedules on less than 24 hours’ notice but with more than 4 hours’ notice prior to Job start time </div> </td> <td class="ps-section ps-parent" data-id="SyEJeCvf9LBT" data-time="1701384805530"> <div class="ps-section" data-id="BkrJlRvMqIr6" data-time="1701384805530" data-section-type="1"> Fee of $20 </div> </td> </tr> <tr class="ps-section" data-id="HyUJeCvG9LBT" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="HyvklRDfcISa" data-time="1701384805530"> <div class="ps-section" data-id="Skd1x0PGqISp" data-time="1701384805530" data-section-type="1"> Service Professional cancels or reschedules on less than 4 hours’ notice prior to Job start time </div> </td> <td class="ps-section ps-parent" data-id="HyKJeCDG98r6" data-time="1701384805530"> <div class="ps-section" data-id="r19JxAwf9UH6" data-time="1701384805530" data-section-type="1"> Fee of $40 </div> </td> </tr> <tr class="ps-section" data-id="rysJxRPzq8Hp" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="SJ2JlCwMc8H6" data-time="1701384805530"> <div class="ps-section" data-id="ryakgRPfc8S6" data-time="1701384805530" data-section-type="1"> Service Professional fails to appear for booked Job without notice to Service Requester and Handy </div> </td> <td class="ps-section ps-parent" data-id="By0yxCDGcIS6" data-time="1701384805530"> <div class="ps-section" data-id="HkkxeCvM5UH6" data-time="1701384805530" data-section-type="1"> Fee of $50 </div> </td> </tr> <tr class="ps-section" data-id="ByxelRwf5LH6" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="BJ-leCDG9UH6" data-time="1701384805530"> <div class="ps-section" data-id="rkMggADM5IS6" data-time="1701384805530" data-section-type="1"> Service Professional requests payment remission ahead of standard schedule </div> </td> <td class="ps-section ps-parent" data-id="B1XggCDzcUH6" data-time="1701384805530"> <div class="ps-section" data-id="By4xlCPGc8B6" data-time="1701384805530" data-section-type="1"> Fee of up to $5 per request </div> </td> </tr> <tr class="ps-section" data-id="S1HegAwG58BT" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="rJIlgCDG9UHT" data-time="1701384805530"> <div class="ps-section" data-id="SyPglAwG58HT" data-time="1701384805530" data-section-type="1"> Service Professional fails to complete Job to the satisfaction of Service Requester (as reported by Service Requester), resulting in a refund or credit to Service Requester </div> </td> <td class="ps-section ps-parent" data-id="rkOxgAvM5UHp" data-time="1701384805530"> <div class="ps-section" data-id="ByFexAwM9IST" data-time="1701384805530" data-section-type="1"> Fee of $15 </div> </td> </tr> <tr class="ps-section" data-id="SJqgxCDMcUHa" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="HyjxxAPGcLBT" data-time="1701384805530"> <div class="ps-section" data-id="r1hxlAPz9UBT" data-time="1701384805530" data-section-type="1"> Service Requester cancels or reschedules on less than 12 hours’ notice but with more than 30 minutes’ notice prior to Job start time. No payment if cancellation is a result of reported failure to appear for booked Job without notice </div> </td> <td class="ps-section ps-parent" data-id="BypeeAvMcUra" data-time="1701384805530"> <div class="ps-section" data-id="HkCxgCwzq8Hp" data-time="1701384805530" data-section-type="1"> Payment of $15 </div> </td> </tr> <tr class="ps-section" data-id="BJyblRDfqISp" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="ryxZeRvG5UBa" data-time="1701384805530"> <div class="ps-section" data-id="B1--xRDMqISa" data-time="1701384805530" data-section-type="1"> Service Requester cancels or reschedules on less than 30 minutes’ notice </div> </td> <td class="ps-section ps-parent" data-id="BJzbeCwz5Lr6" data-time="1701384805530"> <div class="ps-section" data-id="r1mZgAPG98B6" data-time="1701384805530" data-section-type="1"> Payment equal to the entire service fee for Job, up to 3 hours </div> </td> </tr> <tr class="ps-section" data-id="Sy4bg0vM9LrT" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="SJB-xAPMcUSp" data-time="1701384805530"> <div class="ps-section" data-id="rkUbe0vz5LBT" data-time="1701384805530" data-section-type="1"> Inability to perform services not attributable to either party (e.g. Service Professional had difficulty opening lock with key provided, location of Job had unsafe working conditions, etc.) </div> </td> <td class="ps-section ps-parent" data-id="ryPZx0vMq8Hp" data-time="1701384805530"> <div class="ps-section" data-id="BkublCwzqUra" data-time="1701384805530" data-section-type="1"> Payment of $15 </div> </td> </tr> <tr class="ps-section" data-id="ryKWeRPG9UBa" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="S1cbgRDzqUBa" data-time="1701384805530"> <div class="ps-section" data-id="Hks-lADG58Sa" data-time="1701384805530" data-section-type="1"> Damage and/or loss of a Service Requestor’s items or property </div> </td> <td class="ps-section ps-parent" data-id="Hyn-eAwG9Lra" data-time="1701384805530"> <div class="ps-section" data-id="r1TZgRvz98rT" data-time="1701384805530" data-section-type="1"> Fee of $5 based on the loss or as otherwise negotiated </div> </td> </tr> <tr class="ps-section" data-id="SJ0-lCPGcUr6" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="S1kzxCvf98Hp" data-time="1701384805530"> <div class="ps-section" data-id="rJlzg0PGcLrp" data-time="1701384805530" data-section-type="1"> Failure to return Service Requester’s key </div> </td> <td class="ps-section ps-parent" data-id="B1Wfg0vMc8Ha" data-time="1701384805530"> <div class="ps-section" data-id="HyMflAvz5LHa" data-time="1701384805530" data-section-type="1"> Fee of $100 </div> </td> </tr> <tr class="ps-section" data-id="HJQGx0DGqUB6" data-time="1701384805530"> <td class="ps-section ps-parent" data-id="rJNMxAwMcLH6" data-time="1701384805530"> <div class="ps-section" data-id="ByrGxRPfqLSa" data-time="1701384805530" data-section-type="1"> Off Platform Fee if Service Professional engages Service Requester to provide services outside of the Handy platform </div> </td> <td class="ps-section ps-parent" data-id="SkUGxRDM9UBp" data-time="1701384805530"> <div class="ps-section" data-id="ryvzlCDfcIH6" data-time="1701384805530" data-section-type="1"> Fee of $100 </div> </td> </tr> </tbody> </table></div><div data-section-type="1" class="ps-section" data-id="HJuMe0DGc8H6" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SkYzx0PM5LHa" data-time="1701384805530"> *Unless Service Professional and Handy have mutually agreed in writing to another service failure payment amount.</div><div data-section-type="1" class="ps-section" data-id="BkqflCDG9IS6" data-time="1701384805530"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJsMl0wMcUSp" data-time="1701384805530"> Last updated: 26 October 2018</div><div data-section-type="1" class="ps-section" data-id="B1hfxADM9LHa" data-time="1701384805530"><br /></div><div data-section-type="1" class="ps-section" data-id="SJpMeCwz9UH6" data-time="1701384805530"> <br /></div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459965" class="contract-container group-item " data-id="459965" data-key="gb-full-service-pro-agreement" data-groups="" style="display: none;"> <div class="contract-header"> <h2>GB Service Professional Agreement</h2> <div class="row"> <div class="six columns" id="version-effective-date-459965"> <label for="select-version-459965" class="select-version select-version-label">Version</label> <select name="versions-459965" id="select-version-459965" class="select-version select-version-select input-select"> <option selected value="contract-id-459965-version-6578aead6f5cc1e3e1305b78" class="contract-id-459965-version-6578aead6f5cc1e3e1305b78" data-version="1.0">Version 1.0  (Current)</option> </select> </div> </div> </div> <div id="contract-versions-459965"> <div id="contract-id-459965-version-6578aead6f5cc1e3e1305b78" data-vid="6578aead6f5cc1e3e1305b78" class="version-container js-version-container-459965 " style="display: block;"> <div id="version-languages-6578aead6f5cc1e3e1305b78" class="version-translation-container"> <div id="version-6578aead6f5cc1e3e1305b78-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="GB Service Professional Agreement"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023</h5> <a id="download-version-6578aead6f5cc1e3e1305b78-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578aead6f5cc1e3e1305b78.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578aead6f5cc1e3e1305b78"> <div data-section-type="1" class="ps-section" data-id="ByuD89Lr6" data-time="1701385823608"> HANDY TECHNOLOGIES U.K. <br /> SERVICE PROFESSIONAL AGREEMENT</div><div data-section-type="1" class="ps-section" data-id="SJeODL58ra" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="HkbdvI5UH6" data-time="1701385823608"> This Service Professional Agreement (the Agreement) sets forth the terms and conditions whereby you, an independent service provider fully-licensed (to the extent required by applicable law) and qualified to provide the services contemplated by this Agreement (the Service Professional), agree to provide certain services (as described on Schedule 1) to third parties that you may elect to provide from those which may, from time to time, be referred to you via the web-based platform of We Are Mop! Limited, a company incorporated in the United Kingdom under registration number 08334346 d/b/a Handy (Handy).</div><div data-section-type="1" class="ps-section" data-id="H1M_PU5UHp" data-time="1701385823608"> 1. GENERAL PROVISIONS</div><div data-section-type="1" class="ps-section" data-id="BJXOwI98S6" data-time="1701385823608"> 1.1 Background Statement. <br /> Handy is the owner of a technology platform that creates a marketplace to connect potential clients (Service Requesters) with fully-licensed (to the extent required by applicable law) and qualified professionals, such as Service Professional, in the business of providing home and/or office cleaning, handyperson services, plumbing services, electrical services, painting services, lawn care, and/or moving services (Services). Handy provides a web-based portal (the Handy Platform) through which Service Requesters may connect with a network of Service Professionals with whom they may arrange a variety of Services. Handy and Service Professional intend that Service Professional will provide these services to Service Requesters strictly as an independently-owned and operated business enterprise, and not as an employee, worker, agent, joint venturer, partner or franchisee of Handy or any Service Requester for any purpose. Handy does not provide the Services described in this Agreement and does not employ individuals to perform said Services. Handy's role is limited to offering the technology platform as a referral tool for Service Requesters and Service Professionals and facilitating payments from Service Requesters to Service Professionals.</div><div data-section-type="1" class="ps-section" data-id="ryE_PIqIBT" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="H1ruvL98Sa" data-time="1701385823608"> 1.2 The Handy Platform And Terms of Use. <br /> Before receiving access to the Handy Platform, Service Professional must also review and agree to the <a href="https://www.handy.com/terms">Terms of Use</a> of the Handy Platform, which are incorporated herein by reference. Service Professional acknowledges he/she has reviewed and accepted the Terms of Use. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall control. From time to time, in their sole and complete discretion, Service Requesters will post jobs on the Handy Platform, setting forth the nature of the Services required (the Jobs). Jobs posted will include a date, general neighborhood or geographic area where the Job will take place, and time (the Timeframe) in which Services are requested, and an estimate of time necessary to complete the work (the Estimated Work Time). Timeframes will be displayed on the Handy Platform either as a specific time (i.e. 5:00 pm) or as a range (i.e. 2:00pm - 5:00pm). The Estimated Work Time will be displayed either as a specific time (i.e. 2 hours) or as a range (i.e. 2-3 hours). (Service Professional will then have the opportunity to review the Jobs and select those Jobs in Service Professional's area of expertise that meet Service Professional's preferred specifications as to Timeframe, neighborhood or geographic locations, date and fees. Handy does not guarantee any minimum number of jobs will be available to Service Professional at any point during the term of this Agreement. Subject only to the limitation set forth in paragraph 9.1, Service Professional is not obligated to review the Jobs posted or select any Jobs posted by any Service Requester at any time. Once a Service Professional selects a Job, the Handy Platform will confirm with the Service Professional and Service Requester that the Job has been booked by the Service Professional. Once a Job is booked, a contract is formed directly between the Service Requester and Service Professional for Service Professional to complete the Job. Service Professional hereby appoints Handy to be its disclosed agent for the purposes of entering into such a contract with the Service Requester with respect to those Jobs accepted by Service Professional. Service Professional agrees that Service Professional's name and phone number may be provided to Service Requester after the Job is booked. It is possible that, based on Service Requester specifications, a Service Professional may claim a Timeframe and/or Estimated Work Time (i.e. a Service Professional may claim a Job with a Timeframe of noon - 3pm and has an Estimated Work Time of 2-3 hours and receive a Job that is at 1pm and only 2 hours). Service Professional acknowledges and agrees that he/she understands that claiming a Job that has a Timeframe and Estimated Work Time may result in receipt of a Job of less than the maximum time set forth in the Estimated Work Time.</div><div data-section-type="1" class="ps-section" data-id="HJ8OD8qLSp" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="H1DuDL58Ba" data-time="1701385823608"> 2. THE SERVICES</div><div data-section-type="1" class="ps-section" data-id="r1uuPLc8Sa" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="BJt_PU5UBp" data-time="1701385823608"> Service Professional shall be eligible to book Jobs through the Handy Platform requesting any Services that Service Professional is fully-licensed (to the extent required by applicable law) and qualified to provide as specified on Schedule 1 to this Agreement. In those jurisdictions where a license, permit, or certification is required to perform the Services, Service Professional shall, upon request, provide proof to Handy of all necessary licenses, permits and/or certifications before Service Professional provides any such Services under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Sy9_PU9ISa" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="r1o_DI5LBp" data-time="1701385823608"> 2.1 Job Completion. <br /> To ensure that the Handy Platform remains a reliable source of referrals and to ensure all Service Professionals are able to have access to available Jobs, once Service Professional has been awarded a Job, Service Professional is contractually obligated to complete the Job within the Timeframe specified by, and to the satisfaction of, the Service Requester. Service Professional may not cancel the Job without advance notice of at least twenty-four (24) hours to Service Requester and Handy, except in the case of an unavoidable emergency, in which case, Service Professional shall notify Service Requester and Handy as soon as practicable. In the event Service Professional, upon more than twenty-four (24) hours' notice, needs to reschedule a Job, Service Professional may contact the Service Requester and attempt to reschedule the Job. In the event that the Service Requester declines to reschedule, and Service Professional is unable to perform the Job as originally scheduled, Handy shall have the right to make the Job available on the Handy Platform. If Service Requester and Service Professional agree to reschedule, Service Professional agrees to notify Handy as promptly as possible so that Handy may update the Handy Platform. Repeated cancellations and/or rescheduled Jobs on short-notice notice by Service Professional may result in termination of this Agreement in accordance with Section 9. Additionally, at Handy's reasonable discretion, cancellation or rescheduling by Service Professional or Service Professional’s failure to complete a Job to the satisfaction of Service Requester may result in liquidated damages being charged to Service Professional as described in Schedule 2, which may be modified from time to time by Handy. Service Professional may also be entitled to a fee or liquidated damages in the event a Service Requester cancels or reschedules a Job as described in Schedule 2. Modifications to Schedule 2 will be effective upon written notification to Service Professional and will supersede any and all prior versions.</div><div data-section-type="1" class="ps-section" data-id="BJh_DIqLBa" data-time="1701385823608"> Handy is interested only in the results to be achieved by Service Professional: completion of each accepted Job in accordance with Service Requester’s specifications as detailed by Service Requester. Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement. Service Professional understands and agrees that Service Professional's failure to complete a Job in accordance with Service Requester's specifications after he or she has booked that Job using the Handy Platform constitutes a material breach of this Agreement and may result in liquidated damages as described in Schedule 2 and/or termination of this Agreement in accordance with Section 9 unless Service Professional cures the breach either through a reduced Service Fee or completion of the Job (without additional Service Fees being charged to the Service Requester) to the satisfaction of the Service Requester.</div><div data-section-type="1" class="ps-section" data-id="HJT_w89IBT" data-time="1701385823608"> By accepting this Agreement, Service Professional authorizes Handy to withhold the foregoing cancellation fees, and any other contractual penalty fees referenced in this Agreement, from Service Professional's Service Fees.</div><div data-section-type="1" class="ps-section" data-id="HkAuDLcLBT" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="BkyxdP89UHT" data-time="1701385823608"> 2.2 Service Requester Ratings. <br /> Service Professional acknowledges that the Handy Platform is intended to refer Service Requesters only to those Service Professionals who maintain the highest standards of professionalism and quality of service. Service Professional acknowledges that Service Requester may rate and review a Service Professional at the end of every booking. To ensure that the Handy Platform remains a reliable source of referrals, Service Professional agrees to maintain a customer rating at or above the minimum rating established by Handy for access to the Handy Platform, as modified from time to time. In the event a Service Professional's aggregate rating falls below the applicable minimum rating, Handy reserves the right to deactivate the Service Professional's access to the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rkeeuvLq8Ba" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="rkbeuP8c8ra" data-time="1701385823608"> 2.3 No Control. <br /> Handy shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professional performs the Services, the Jobs Service Professional selects, the tools and materials used by Service Professional to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professional to assist in completing Jobs, or the manner in which Service Professional completes the Jobs. Handy will not and has no right to, under any circumstances, inspect Service Professional's work for quality purposes.</div><div data-section-type="1" class="ps-section" data-id="HkzedvUcUS6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="S17e_wIcIrp" data-time="1701385823608"> Where approved in advance by the Service Requester, and except as otherwise provided in this Agreement, Service Professional is not obligated to personally perform the Services. Service Professional shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professional deems necessary and appropriate to complete the Services. Service Professional shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of the same.</div><div data-section-type="1" class="ps-section" data-id="B14ldvL9Ir6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="HJSlOv898ra" data-time="1701385823608"> Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professional, Service Professional shall require any such individuals to submit to a basic background check satisfactory to Handy.</div><div data-section-type="1" class="ps-section" data-id="rk8x_vU58Sa" data-time="1701385823608"> Service Professional assumes full and sole responsibility for the payment of all compensation, benefits, pension contributions and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required insurance and withholdings, including without limitation tax and National Insurance Contributions, pension contributions, holiday pay, as to Service Professional and all persons engaged by Service Professional in the performance of the Services. Service Professional shall be responsible for, and shall indemnify and hold Handy harmless for any claims, suits, or actions related to this provision, including all reasonable legal and other professional fees incurred, including any such claims brought by Service Professional or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes, holiday pay or contributions, including penalties and interest.</div><div data-section-type="1" class="ps-section" data-id="SkvldDLcIHT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hydldw8qLrT" data-time="1701385823608"> 3. SERVICE FEES</div><div data-section-type="1" class="ps-section" data-id="SJFgOwLcLBT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkcldPUcLBp" data-time="1701385823608"> 3.1 Service Fees. <br />Service Requester shall pay for completed Jobs through the Handy Platform at the rates quoted by Handy at the time the Job is posted on the Handy Platform, which shall be based on the stated parameters of the Job (the Job Rate). Each Job made available to Service Professional on the Handy Platform shall set forth the Timeframe, Estimated Work Time, details about the Service requested, the Job Rate, and the estimated Service Fee the Service Professional shall be entitled to upon completion of the Job, as modified from time to time. The difference between the Job Rate and Service Fee shall be the fee owed to Handy for referring the Job and facilitating the payment from Service Requester to Service Professional (Booking Fee). This fee shall be inclusive of VAT where applicable and Handy shall issue a VAT invoice in respect of the Booking Fee to Service Professional.</div><div data-section-type="1" class="ps-section" data-id="BJsguvIcLBp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkhgdwIcLB6" data-time="1701385823608"> Modifications to pricing and fees will be effective upon written notification to Service Professional and will supersede any and all prior versions. Notwithstanding the provisions of Section 16, the availability of any such modified pricing and/or fees on the Handy Platform shall constitute written notice to Professional for purposes of this Section 3.1, which shall be effective at the time such modified pricing and/or fees are made available to Service Professional. By accepting this Agreement, Service Professional authorises Handy to withhold Handy's Booking Fee from the payment made to the Service Professional for each Job.</div><div data-section-type="1" class="ps-section" data-id="HyaedDLcLST" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="BJ0e_PU9LS6" data-time="1701385823608"> 3.2 Service Fee Negotiation. <br /> If a Job referred to and accepted by Service Professional requires more time to complete than the Estimated Work Time, Service Requester and Service Professional may, prior to Service Professional providing any Services above and beyond the Estimated Work Time, negotiate an increase in Service Fees based on the estimated additional time needed to complete the Job. Upon agreement to an increase in Service Fees, Service Professional and Service Requester shall notify Handy. Handy shall have no involvement in negotiating any increase in the Service Fees.</div><div data-section-type="1" class="ps-section" data-id="BkkWuPLcUHT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="SklZ_w8cLrT" data-time="1701385823608"> 3.3 Service Fee Payment. <br /> When a Job is complete, Service Professional will submit to the Service Requester and Handy confirmation that the Job is complete. Handy shall then remit payment for each Job, less Handy's Booking Fee, within seven (7) business days. For purposes of this Section 3.3, “remit” shall refer to Handy’s initiation of a payment to Service Professional; provided that Handy has initiated payment to Service Professional within seven (7) business days following the day the Job was completed, Handy shall not be liable if the paid amount is not accessible by Service Professional within that time frame. Service Professional may request payment for a booking to be remitted sooner than as set forth above for a fee as set forth in Schedule 2. Such fee will apply each time that the Service Professional requests a payment. When Service Professional requests this expedited payment, Handy will remit payment within (3) business days. Payment processing services for Service Professionals are provided by Stripe and are subject to the <a href="https://stripe.com/gb/connect-account/legal"> Stripe Connected Account Agreement </a> , located at https://stripe.com/gb/connect-account/legal, which includes the <a href="https://stripe.com/gb/legal">Stripe Terms of Service</a>, located at https://stripe.com/gb/legal (collectively, the Stripe Services Agreement). By agreeing to this Agreement, Service Professional agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Handy enabling payment processing services through Stripe, Service Professional agrees to provide Handy accurate and complete information about Service Professional and Service Professional's business, and Service Professional authorizes Handy to share it and transaction information related to Service Professional's use of the payment processing services provided by Stripe.</div><div data-section-type="1" class="ps-section" data-id="BJWbdwL9ISp" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="H1fWuDI9UHa" data-time="1701385823608"> 4. EQUIPMENT AND OPERATIONS</div><div data-section-type="1" class="ps-section" data-id="B17ZuwLqLBp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJV-OP89Ira" data-time="1701385823608"> 4.1 Compatible Mobile Device. <br /> In order to book Jobs, Service Professional must possess a smartphone equipped with access to the Handy Platform (the Compatible Mobile Device). If Service Professional does not possess a Compatible Mobile Device, Handy and Service Professional may, at Service Professional's sole discretion, enter into a written agreement governing the terms under which Handy will provide a Compatible Mobile Device. Any phone provided to Service Professional pursuant to any such written agreement must be returned upon termination of this Agreement. If Service Professional does not return the Compatible Mobile Device upon termination of the Agreement, Service Professional authorizes Handy to withhold the cost of the Compatible Mobile Device from Service Professional's Service Fees remaining at the time the Agreement is terminated. The intended purpose of any Compatible Mobile Device provided by Handy is to permit access to Handy's proprietary software. The Compatible Mobile Device cannot be used for any other purpose than to access the Handy Platform. In no event will Handy monitor or have the right to monitor Service Professional's usage of the Handy Platform through the Compatible Mobile Device, although Handy may collect operational data, such as features the Service Professional uses on the Handy Platform, for the purpose of improving the software.</div><div data-section-type="1" class="ps-section" data-id="BJrbuP89LHa" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="By8-_vUqIBa" data-time="1701385823608"> 4.2 Pro Portal. <br /> In order to book Jobs, Service Professional must download Handy's Service Professional mobile application (the Pro Portal) onto the Compatible Mobile Device used by the Service Professional. Handy collects the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device from the Pro Portal for a period of time starting (a) 4 hours prior to the scheduled start of a Job for the purpose of (i) providing support for the Service Professional and Service Requester to find each other and (ii) confirming that the Service Professional will perform the Job claimed by the Service Professional and ending (b) 2 hours following the scheduled end of a Job for the purpose of confirming that the Job is completed. In addition, at any point, Handy may collect the Location Coordinates of the Compatible Mobile Device on which the Pro Portal is installed for the purpose of referring jobs to a Service Professional that are posted on short notice by Service Requesters in theLocation Coordinates and contact information Service Professional's vicinity. Service Professional shall have no obligation to accept any Job offered in this manner. For up to a 4 hour period prior to the scheduled start of a Job, Handy may share the Service Professional's Location Coordinates with the Service Requester who requested the Job for the purpose of assisting the Service Requester and Service Professional to coordinate the Services and to confirm that the Service Professional will perform the Job claimed by the Service Professional. Handy may also disclose the Service Professional's Location Coordinates and contact information as required by applicable law, to authorized service providers, or when Handy believes that such disclosure is necessary to protect the rights, property, or safety of Handy, Handy Platform users, Service Requesters, or others. Handy has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Service Professional provides the Services contemplated by this Agreement, or the frequency with which the Service Professional uses the Handy Platform to book Jobs. The Service Professional may stop Location Coordinates collection only by uninstalling the Pro Portal from the Compatible Mobile Device. Handy retains Location Coordinates information to confirm that the Job has been completed and retains de-identified Location Coordinates data indefinitely. By executing this Agreement, Service Professional agrees to the use and disclosure of Location Coordinates information as described above.</div><div data-section-type="1" class="ps-section" data-id="SkP-uPUqLBT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="SydZuD8q8Hp" data-time="1701385823608"> 4.3 Costs of Operation. <br /> Service Professional is solely responsible for any costs or expenses incurred by Service Professional in connection with the operation of Service Professional’s business and the performance of the Services. Service Professional shall furnish and maintain, at Service Professional's own expense, the tools, equipment, supplies, and other materials used to perform the Services. Service Professional, at Service Professional's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. At Service Professional's request, Handy may offer to Service Professional certain equipment, supplies, and materials. Service Professional is not required to purchase any equipment, tools, supplies, or materials from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="S1FbOP858rp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1c-_vLq8HT" data-time="1701385823608"> 4.4 Handy Apparel or Identification. <br /> Service Professional will have no obligation to wear or display the apparel, badge or other form of identification.</div><div data-section-type="1" class="ps-section" data-id="H1iZOvI9IB6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hkh-uDI5LHa" data-time="1701385823608"> 4.5 Use of Voice, Image and Likeness. <br /> Service Professional gives Handy permission to use any and all of Service Professional's voice, image, likeness and any ratings or reviews from Service Requesters about Service Professional, with or without using Service Professional's name, in connection with the products and/or services available through the Handy Platform, for the purposes of advertising and promoting such products and/or services and/or Handy, for the purposes of identifying Service Professional to Service Requester, and/or for other purposes deemed appropriate by the Handy in its reasonable discretion, except to the extent expressly prohibited by law. In addition to the foregoing, Service Professional may be required to submit an image for use by the Handy Platform to facilitate identifying Service Professional with Service Requestors. Service Professional also represents and warrants the Service Professional owns the copyright of any image or likeness that the Service Professional provides to Handy.</div><div data-section-type="1" class="ps-section" data-id="BJabOPLcUHa" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hk0Z_PUcIHT" data-time="1701385823608"> 5. RELATIONSHIP OF THE PARTIES</div><div data-section-type="1" class="ps-section" data-id="S1yzdv85Ir6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkeGdPL5LST" data-time="1701385823608"> Service Professional is an independent contractor and has not been engaged by Handy to perform services on Handy's behalf. Rather, Service Professional has entered into this Agreement for the purpose of having access to the Handy Platform and the exclusive marketplace for services thereby created by Handy, in exchange for which Service Professional pays Handy a fee, as described herein. This Agreement shall not be construed to create any association, partnership, joint venture, employee or worker relationship between Service Professional and Handy or any Service Requester for any purpose. Service Professional has no authority (and shall not hold himself or herself out as having authority) to bind Handy and Service Professional shall not make any agreements or representations on Handy's behalf without Handy's prior written consent. Service Professional understands that Service Professional will not be eligible to participate in any benefit plans offered to Handy's employees, including, but not limited to, vacation, group medical or life insurance, disability, income protection, profit sharing, pension or retirement benefits or any other fringe benefits or benefit plans offered by Handy to its employees. Handy will not be responsible for withholding or paying any income or payroll taxes, National Insurance, or pension contributions, holiday pay or other employment-related contributions or charges of any kind, or obtaining workers' compensation or liability insurance on Service Professional's behalf. Service Professional shall be responsible for, and shall indemnify and hold Handy harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or by any third party with respect to any claims for taxes or contributions, including penalties and interest or claims for holiday pay, in all cases together with all reasonable legal and other professional fees incurred.</div><div data-section-type="1" class="ps-section" data-id="rkZMuDL58HT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hyff_wL9IST" data-time="1701385823608"> 6. REPRESENTATIONS AND WARRANTIES</div><div data-section-type="1" class="ps-section" data-id="SJ7zOvIqIr6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="H1EzuvL5Lr6" data-time="1701385823608"> Service Professional represents and warrants to Handy that: (a) Service Professional has the legal right to provide the Services that are contemplated by this Agreement in the United Kingdom; (b) Service Professional is fully-licensed (to the extent required by applicable law) and authorized to provide the Services contemplated by this Agreement within the jurisdiction in which Service Professional intends to offer said Services, and has the required skill, experience, and qualifications to perform the Services; and (c) Service Professional shall perform the Services in accordance with best industry standards for similar services and shall procure that all assistants, helpers, subcontractors or other personnel used by Service Professional in relation to the delivery of Services shall do likewise, including the completion of all Jobs referred to and accepted by Service Professional through the Handy Platform. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HkSGOD8c8HT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="H1UzOwLqUST" data-time="1701385823608"> 7. INDEMNIFICATION</div><div data-section-type="1" class="ps-section" data-id="HyDf_v8qLHp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="HydzdDI9UBa" data-time="1701385823608"> Service Professional shall defend, indemnify and hold harmless Handy and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including attorneys' fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Service Professional's acts or omissions or from the acts or omissions of any helper, assistant, subcontractor or other personnel used by Service Professional in connection with the Services; and (b) Service Professional's breach of any representation, warranty, or obligation under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SyKzdv8q8ra" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Bk5z_PIqIHp" data-time="1701385823608"> The Services that Service Professional provides pursuant to this Agreement are fully and entirely Service Professional's responsibility. Handy is not responsible or liable for the actions or inactions of a Service Requester or other third party in relation to the Services provided by Service Professional. Service Professional understands, therefore, that by using the Handy Platform, Service Professional will be introduced to third parties in relation to whom Handy has not conducted any background or reference checking, that may be potentially dangerous, and that Service Professional uses the Handy Platform at his/her own risk.</div><div data-section-type="1" class="ps-section" data-id="SJif_PL9Urp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="ry2GOw85IrT" data-time="1701385823608"> Service Professional shall where applicable issue a VAT invoice to Service Requester in respect of the Job Rate and shall comply with all laws and regulations relating to VAT. Service Professional hereby indemnifies and shall hold harmless Handy in respect of any failure on the part of Service Professional to comply in full with all such VAT laws and regulations.</div><div data-section-type="1" class="ps-section" data-id="BJTzdvL9LHT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="rJAMOwU5UHp" data-time="1701385823608"> 8. INSURANCE</div><div data-section-type="1" class="ps-section" data-id="S1JQuvUqIST" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="rklXOw8qUrT" data-time="1701385823608"> It is the sole responsibility of the Service Professional to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to Handy, with policy limits sufficient to protect and indemnify Handy and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Professional or Service Professional's assistants, agents, helpers, subcontractors, servants, employees or other personnel engaged by Service Professional. Service Professional shall make the insurance policy and evidence that all premiums have been paid up to date available for inspection by Handy on request.</div><div data-section-type="1" class="ps-section" data-id="rJbmdDLqLHp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="rkGQuDLcLHp" data-time="1701385823608"> 9. TERM; TERMINATION</div><div data-section-type="1" class="ps-section" data-id="r177OP85LBa" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="ByEmuPLcLST" data-time="1701385823608"> 9.1 Term. <br /> This Agreement shall be effective as of the date it is executed by Service Professional and shall remain in effect unless and until terminated as set forth in this paragraph 9 (the Term). Service Professional understands that Handy may temporarily deactivate Service Professional's profile on the Handy Platform in the event that Service Professional is inactive on the Handy Platform for a period of 28 days or more. In such circumstances, Handy shall reactivate Service Professional's profile upon request from Service Professional.</div><div data-section-type="1" class="ps-section" data-id="rkr7OvIqUBa" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="r187OPIqIBa" data-time="1701385823608"> The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Service Professional the right to choose when to make himself or herself available and each Job referred and accepted is treated as a separate service arrangement.</div><div data-section-type="1" class="ps-section" data-id="H1w7dD8qUHT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hy_XOwIc8Sa" data-time="1701385823608"> 9.2 Termination. <br /> Handy and Service Professional may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Handy's failure to timely remit Service Fees as described herein, Service Professional's failure to complete a Job he or she has booked on the platform to the Service Requester’s satisfaction, Service Professional’s failure to meet the applicable minimum rating, or if a Service Professional cancels or reschedules two (2) or more Jobs he or she has booked on less than 2 hours' notice prior to the applicable Job start time within any twenty-eight (28) day period. In addition to the foregoing, Handy and Service Professional may terminate the Agreement for any reason upon fifteen (15) days' written notice.</div><div data-section-type="1" class="ps-section" data-id="Hyt7dDUqLHa" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="H1cmODL5UHp" data-time="1701385823608"> 9.3 Service Professional's Obligations Upon Termination. <br /> Upon termination of this Agreement by Service Professional or by Handy upon notice, Service Professional shall complete any outstanding Jobs Service Professional has claimed (the Outstanding Jobs) unless notified not to do so by Handy in writing. If Handy has terminated the Agreement without notice, Service Professional will not complete Outstanding Jobs unless agreed to in writing by Handy. (Within ten (10) days after termination with or without notice, or as otherwise agreed in writing, Service Professional shall return any Handy property in Service Professional's possession, including but not limited to, any Compatible Mobile Device supplied by Handy; and (c) certify in writing to Handy that Service Professional has complied with the requirements of this paragraph.</div><div data-section-type="1" class="ps-section" data-id="BysmdwL5LBp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="H1hQdD89IHa" data-time="1701385823608"> 9.4 Handy's Obligations Upon Termination. <br /> Upon termination of this Agreement: (a) if the termination is effected by Handy, Handy shall immediately pay to Service Professional any outstanding earned Service Fees; or (b) if the termination is effected by Service Professional, Handy shall pay to Service Professional any outstanding earned Service Fees within seventy-two (72) hours. In either event, Handy shall pay Service Fees for any Outstanding Jobs as soon as practicable after Service Professional has completed the Outstanding Jobs if applicable under paragraph 9.3 above.</div><div data-section-type="1" class="ps-section" data-id="Bk6Q_DI5LS6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="B1CmOv85IH6" data-time="1701385823608"> 9.5 Surviving Provisions. <br /> The terms and conditions of this paragraph 9.5 and paragraphs 5, 6, 7, 10, 11, and 12 shall survive the expiration or termination of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HkJEOwL9LS6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="SylE_P898Sa" data-time="1701385823608"> 10. OTHER BUSINESS ACTIVITIES</div><div data-section-type="1" class="ps-section" data-id="Hk-NOP8qUB6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="rkGNuwU98rT" data-time="1701385823608"> Service Professional may be engaged or employed in any other business, trade, profession, or other activity, including providing Services to customers booked through means other than the Handy Platform, including other web-based portals, smartphone applications, and/or platforms. However, during the Term and for a period of 6 months thereafter Service Professional shall not affirmatively solicit Service Requesters originally referred through the Handy Platform to book jobs through any means other than the Handy Platform; provided, however, Handy may charge Service Professional a referral fee in the event the Service Professional affirmatively solicits Service Requesters originally referred through the Handy Platform to book jobs through any means other than the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rk74ODIcIH6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="S1NNOPU9IH6" data-time="1701385823608"> 11. ASSIGNMENT AND RIGHTS OF THIRD PARTIES</div><div data-section-type="1" class="ps-section" data-id="r1BEdDU9IST" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="SJI4OvL5LBT" data-time="1701385823608"> Service Professional may not assign this Agreement, absent written authorization by Handy. This provision shall not be construed as limiting Service Professional’s right to engage personnel to assist in the Services as set forth in this Agreement. Handy may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="B1wEOvL5UHT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="By_4dDI9LSp" data-time="1701385823608"> With the exception of the foregoing, a person who is not a party to this Agreement will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1tE_vIcUrT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="BkcVOw858Hp" data-time="1701385823608"> 12. DISPUTE RESOLUTION; GOVERNING LAW</div><div data-section-type="1" class="ps-section" data-id="SJsNdwLqLHp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="SkhV_vLcUST" data-time="1701385823608"> 12.1 Informal Negotiations. <br /> To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Service Professional and Handy, Service Professional and Handy agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration, court or other legal proceeding. Such informal negotiations will commence upon written notice of the dispute, claim, or controversy. Service Professional's address for such notices shall be the address provided by the Service Professional in the Pro Portal (or to such other address that may be designated by the receiving party from time to time in accordance with this paragraph). Handy's address for such notices is Handy, Inc., PO Box 1122, New York, NY 10059.</div><div data-section-type="1" class="ps-section" data-id="HkTEdDI5Urp" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="HJC4uDI58Ba" data-time="1701385823608"> 12.2 Governing Law. <br /> This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to the choice or conflicts of law provisions of any jurisdiction. Each party irrevocably submits to the non-exclusive jurisdiction and venue of the courts of England and Wales.</div><div data-section-type="1" class="ps-section" data-id="HkySODLcUH6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="HklrdvL9UBp" data-time="1701385823608"> 13. SERVICE REQUESTER PRIVACY</div><div data-section-type="1" class="ps-section" data-id="B1bSuDIcUST" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="rkzB_wU9LB6" data-time="1701385823608"> Service Professional understands that in performing the Services, he or she will receive certain private and/or confidential information regarding the Service Requesters and will have access to their homes and personal belongings. Except upon order of government authority (e.g., Court, administrative agency) having jurisdiction, or upon written consent by the Service Requester, Service Professional agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the Service Requesters, including addresses, telephone numbers and/or financial information. Service Professional further agrees not to engage in any activity which violates the privacy of any Service Requester, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Service Requester or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Hk7S_wIqLSa" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hy4BOvLqUBa" data-time="1701385823608"> 14. PROFESSIONAL DATA PROTECTION NOTICE</div><div data-section-type="1" class="ps-section" data-id="rkBrdDU9LH6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="S18B_DI5ISa" data-time="1701385823608"> The Fair Processing Notice for Service Professionals is incorporated by reference herein as Schedule 3 to this Agreement. As a condition of this Agreement, Service Professional confirms that he or she has reviewed and consented to the Basic Disclosure criminal record checks and processing of personal data described in the Fair Processing Notice.</div><div data-section-type="1" class="ps-section" data-id="S1wrODLcLSp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryurdwLqIrT" data-time="1701385823608"> 15. MODIFICATION</div><div data-section-type="1" class="ps-section" data-id="ryYBODI9LBT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Bk9r_D85Lr6" data-time="1701385823608"> Service Professional hereby expressly acknowledges and agrees that, by using or receiving access to the Handy Platform, Service Professional and Handy are bound by the then-current version of this Agreement, including any modifications and supplements to this Agreement or documents incorporated herein, including the Schedules. Continued use of the Handy Platform after any modifications or supplements to the Agreement shall constitute your consent to such modifications and supplements. Service Professional is responsible for regularly reviewing this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BkjBuPL9LSa" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="HkhruD8cUS6" data-time="1701385823608"> 16. MISCELLANEOUS</div><div data-section-type="1" class="ps-section" data-id="BkaH_D85IB6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="H1RBuD8cUHp" data-time="1701385823608"> All notices other than those required by Section 3.1 and Section 12, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and if to Handy shall be sent to: legal@handy.com and Service Professional's address for such notices shall be the address provided by the Service Professional in the Pro Portal (or to such other address that may be designated by the receiving party from time to time in accordance with this paragraph).</div><div data-section-type="1" class="ps-section" data-id="HykLuvL98HT" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="ByxLOwIqIBT" data-time="1701385823608"> This Agreement, together with any other documents incorporated herein by reference, and related schedules, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Headings are not part of this Agreement and shall not be used to construe it. This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Handy's website or the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BJ-Ldw8q8Sa" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="ryf8dwU5UrT" data-time="1701385823608"> You understand that your electronic signature is as legally binding as a handwritten signature.</div><div data-section-type="1" class="ps-section" data-id="HyQ8_w8cLHp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="H1ELdDU9UB6" data-time="1701385823608"> SCHEDULE 1</div><div data-section-type="1" class="ps-section" data-id="HyrLuDL98ra" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="BJ8L_vIqIr6" data-time="1701385823608"> Service Professional is licensed (to the extent required by applicable law), qualified and otherwise authorized to provide the following Services:</div><div data-section-type="1" class="ps-section" data-id="BJPLuPL5LrT" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="rkOUdDU5LB6" data-time="1701385823608"> Home Cleaning <br /> Office Cleaning <br /> Furniture Assembly <br /> Hanging Pictures and Shelves <br /> Mounting Televisions <br /> Moving Help <br /> Interior Painting <br /> Drain Work <br /> AC Work <br /> Other Handyman Work <br /> Window Treatments <br /> Garbage Disposal Work <br /> Toilet Work <br /> Other Plumbing Work <br /> Ceiling and Bath Fans - Electrical <br /> Light Fixtures - Electrical <br /> Outlets - Electrical <br /> Other Electrical Work <br /> Lawn Care</div><div data-section-type="1" class="ps-section" data-id="rJtIOvLqLBa" data-time="1701385823608"><br /></div><div id="schedule_3" data-section-type="1" class="ps-section" data-id="rJcLODIcLHp" data-time="1701385823608"> SCHEDULE 2 LIQUIDATED DAMAGES FOR SERVICE FAILURE/CANCELLATION</div><div data-section-type="1" class="ps-section" data-id="r1iLOvLqIH6" data-time="1701385823608"><br /></div><div id="schedule_3_all_regions" data-section-type="1" class="ps-section" data-id="rJ38dP89LBT" data-time="1701385823608"> <table border="1" cellspacing="0" cellpadding="0" class="ps-section" data-id="SkTLuwIqUHT" data-time="1701385823608" data-section-type="6"> <colgroup> <col width="468"></col> <col width="156"></col> </colgroup> <tbody class="ps-section" data-id="HJ0U_PIc8rp" data-time="1701385823608"> <tr class="ps-section" data-id="Skyw_vUqUSp" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="HJePuPI9UHp" data-time="1701385823608"> <div class="ps-section" data-id="BJZDuP858ra" data-time="1701385823608" data-section-type="1"> Service Professional fails to complete Job in accordance with Service Requester specifications, including as to particular Services requested or Job start time, and Service Requester complains </div> </td> <td class="ps-section ps-parent" data-id="SkMv_vUq8Sp" data-time="1701385823608"> <div class="ps-section" data-id="rymw_DUc8rT" data-time="1701385823608" data-section-type="1"> Fee of 拢10 </div> </td> </tr> <tr class="ps-section" data-id="HkVPdPU98Hp" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="SyBvOvIq8BT" data-time="1701385823608"> <div class="ps-section" data-id="S1LDuPU9UBa" data-time="1701385823608" data-section-type="1"> Service Professional leaves Job before Estimated Work Time has elapsed </div> </td> <td class="ps-section ps-parent" data-id="SJPDdwU9IST" data-time="1701385823608"> <div class="ps-section" data-id="HyOw_v8qIHp" data-time="1701385823608" data-section-type="1"> Fee of 拢4 per half hour not worked </div> </td> </tr> <tr class="ps-section" data-id="BJFwuwUq8B6" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="S19D_vUcUSa" data-time="1701385823608"> <div class="ps-section" data-id="rkswODIq8r6" data-time="1701385823608" data-section-type="1"> Service Professional cancels or reschedules on less than 48 hours' notice but with more than 24 hours' notice </div> </td> <td class="ps-section ps-parent" data-id="S12D_PLq8rp" data-time="1701385823608"> <div class="ps-section" data-id="HJpD_PU5USa" data-time="1701385823608" data-section-type="1"> Fee of 拢10 </div> </td> </tr> <tr class="ps-section" data-id="rJRPuw89LHa" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="ryJduDLcUHp" data-time="1701385823608"> <div class="ps-section" data-id="HJlOdDI98Ha" data-time="1701385823608" data-section-type="1"> Service Professional cancels or reschedules on less than 24 hours' notice but with more than 4 hours' notice </div> </td> <td class="ps-section ps-parent" data-id="BJZddDI5LBp" data-time="1701385823608"> <div class="ps-section" data-id="B1Gduv89UBa" data-time="1701385823608" data-section-type="1"> Fee of 拢15 </div> </td> </tr> <tr class="ps-section" data-id="H1m_uP8qLS6" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="HkV_uPU58rT" data-time="1701385823608"> <div class="ps-section" data-id="B1SuuP8cISp" data-time="1701385823608" data-section-type="1"> Service Professional cancels or reschedules on less than 4 hours' notice </div> </td> <td class="ps-section ps-parent" data-id="S18OuPUcISa" data-time="1701385823608"> <div class="ps-section" data-id="HyvOuDLcUB6" data-time="1701385823608" data-section-type="1"> Fee of 拢20 </div> </td> </tr> <tr class="ps-section" data-id="rkuuuwL9IBT" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="rJYuOPU5Irp" data-time="1701385823608"> <div class="ps-section" data-id="SJ9OdvUq8Ha" data-time="1701385823608" data-section-type="1"> Service Professional fails to appear for booked Job without notice to Service Requester and Handy </div> </td> <td class="ps-section ps-parent" data-id="Hyou_D8qLSa" data-time="1701385823608"> <div class="ps-section" data-id="rJn_dwUcLSp" data-time="1701385823608" data-section-type="1"> Fee of 拢25 </div> </td> </tr> <tr class="ps-section" data-id="r1adODIqLBT" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="HJC__vUq8ST" data-time="1701385823608"> <div class="ps-section" data-id="Sk1t_P8cLBa" data-time="1701385823608" data-section-type="1"> Service Professional fails to arrive at a Job with supplies and Service Requester complains </div> </td> <td class="ps-section ps-parent" data-id="HyetuPL9UHp" data-time="1701385823608"> <div class="ps-section" data-id="BybFOv85LHa" data-time="1701385823608" data-section-type="1"> Fee of 拢10 </div> </td> </tr> <tr class="ps-section" data-id="SyftdvU9IBa" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="Hk7YOP8qLST" data-time="1701385823608"> <div class="ps-section" data-id="HJ4tuvL9Irp" data-time="1701385823608" data-section-type="1"> Service Requester cancels or reschedules between 12 hours' and 30 minutes' notice. No payment if cancellation is a result of reported failure to appear for booked Job without notice </div> </td> <td class="ps-section ps-parent" data-id="rJHKOw85USa" data-time="1701385823608"> <div class="ps-section" data-id="HkLKOvU9LHp" data-time="1701385823608" data-section-type="1"> Payment of 拢8 </div> </td> </tr> <tr class="ps-section" data-id="HJwK_v898Hp" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="H1uYdwI9LBa" data-time="1701385823608"> <div class="ps-section" data-id="BkFYOv89LS6" data-time="1701385823608" data-section-type="1"> Service Professional requests payment remission ahead of standard schedule </div> </td> <td class="ps-section ps-parent" data-id="B1cFdDL58BT" data-time="1701385823608"> <div class="ps-section" data-id="SJiK_D858S6" data-time="1701385823608" data-section-type="1"> Fee of up to 拢3 per request </div> </td> </tr> <tr class="ps-section" data-id="HJ2FdvU5LHa" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="HypYOP85LrT" data-time="1701385823608"> <div class="ps-section" data-id="rJ0KODL9UBT" data-time="1701385823608" data-section-type="1"> Service Professional fails to complete Job to the satisfaction of Service Requester (as reported by Service Requester), resulting in a refund or credit to Service Requester </div> </td> <td class="ps-section ps-parent" data-id="HJkqODI5LSa" data-time="1701385823608"> <div class="ps-section" data-id="rkgcuv858HT" data-time="1701385823608" data-section-type="1"> Fee of 拢15 </div> </td> </tr> <tr class="ps-section" data-id="HJZqdvI5IHp" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="HJf9uwI5LS6" data-time="1701385823608"> <div class="ps-section" data-id="Hk79dvI58ra" data-time="1701385823608" data-section-type="1"> Service Requester cancels or reschedules on less than 30 minutes' notice </div> </td> <td class="ps-section ps-parent" data-id="ry45_PL9LHp" data-time="1701385823608"> <div class="ps-section" data-id="BJScuwI5IH6" data-time="1701385823608" data-section-type="1"> Full Job Payment, up to 3 hour max </div> </td> </tr> <tr class="ps-section" data-id="ryUcOvIcLrp" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="BJP5OPLc8B6" data-time="1701385823608"> <div class="ps-section" data-id="S1_qOwU5LBp" data-time="1701385823608" data-section-type="1"> Service Professional’s inability to perform services not attributable to either party (e.g., Service Professional had difficulty opening lock with key provided, location of Job had unsafe working conditions, etc.) </div> </td> <td class="ps-section ps-parent" data-id="BkF9_vU9UrT" data-time="1701385823608"> <div class="ps-section" data-id="Hkcq_P85LST" data-time="1701385823608" data-section-type="1"> Payment of 拢8 </div> </td> </tr> <tr class="ps-section" data-id="HkjqdwU98Sp" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="Bk35dvL9LHT" data-time="1701385823608"> <div class="ps-section" data-id="Sy69dP8qLH6" data-time="1701385823608" data-section-type="1"> Damage and/or loss of a Service Requestor’s items or property </div> </td> <td class="ps-section ps-parent" data-id="rJCcOvIcLHp" data-time="1701385823608"> <div class="ps-section" data-id="B1ysOwLc8HT" data-time="1701385823608" data-section-type="1"> Fee of 拢5 based on the loss or as otherwise negotiated. </div> </td> </tr> <tr class="ps-section" data-id="SJgiODIqIBa" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="HkZj_wI98rT" data-time="1701385823608"> <div class="ps-section" data-id="SJMiOvIqUBp" data-time="1701385823608" data-section-type="1"> Failure to return Service Requester’s keys </div> </td> <td class="ps-section ps-parent" data-id="SJXjdD8q8S6" data-time="1701385823608"> <div class="ps-section" data-id="S14jOvUcLHp" data-time="1701385823608" data-section-type="1"> Fee of 拢100 </div> </td> </tr> <tr class="ps-section" data-id="B1BiuDLqIBa" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="SJLo_P8qUr6" data-time="1701385823608"> <div class="ps-section" data-id="ByvidDLqIBp" data-time="1701385823608" data-section-type="1"> Off Platform Fee if Service Professional engages Service Requester to provide services outside of the Handy platform </div> </td> <td class="ps-section ps-parent" data-id="ry_i_wUcUrp" data-time="1701385823608"> <div class="ps-section" data-id="Syto_PL98H6" data-time="1701385823608" data-section-type="1"> Fee of 拢100 </div> </td> </tr> <tr class="ps-section" data-id="rJcs_vU98B6" data-time="1701385823608"> <td class="ps-section ps-parent" data-id="ByjiuP8q8r6" data-time="1701385823608"> <div class="ps-section" data-id="Hy2j_PL58H6" data-time="1701385823608" data-section-type="1"> <b>Upon joining the Handy platform, Service Professionals will be charged a fee for the processing of a background check</b> </div> </td> <td class="ps-section ps-parent" data-id="r1pjdDI9IBa" data-time="1701385823608"> <div class="ps-section" data-id="HkAjdwU5Ur6" data-time="1701385823608" data-section-type="1"> Fee not to exceed 拢40 </div> </td> </tr> </tbody> </table></div><div data-section-type="1" class="ps-section" data-id="SJ13uP8qIS6" data-time="1701385823608"> <br /> </div><div data-section-type="1" class="ps-section" data-id="ByxndDIqLHp" data-time="1701385823608"> SCHEDULE 3 - SERVICE PROFESSIONAL FAIR PROCESSING NOTICE</div><div data-section-type="1" class="ps-section" data-id="Syb2_DLqLrp" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="rkMn_wIcUH6" data-time="1701385823608"> Handy takes the processing of your personal data seriously, and is committed to conducting our business in accordance with the data privacy and security laws of the countries in which we operate, including the General Data Protection Regulation.</div><div data-section-type="1" class="ps-section" data-id="r1Qn_w89Lr6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="BkEhdwUc8Sp" data-time="1701385823608">This Fair Processing Notice (the <b>Notice</b>) describes how We Are Mop! Limited (doing business as <b>Handy</b>), (the <b>Company</b>), located at 10B Warner Street, EC1R 5HA, London, in the United Kingdom, processes your dersonal data, including the following:</div><div data-section-type="1" class="ps-section" data-id="B1ShdP8cUr6" data-time="1701385823608"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="SJ8hdD8qLrT" data-time="1701385823608"> <li class="ps-section" data-id="SkD2_v898B6" data-time="1701385823608"> What personal data the Company <b>collects</b> about you; </li> <li class="ps-section" data-id="Bk_h_PU9LBa" data-time="1701385823608"> How the Company <b>uses</b> your personal data; </li> <li class="ps-section" data-id="HythOwUqIBT" data-time="1701385823608"> To whom the Company <b>discloses</b> your personal data </li> <li class="ps-section" data-id="Bk5h_DL5UHT" data-time="1701385823608"> Any international <b>transfers</b> of your personal data; </li> <li class="ps-section" data-id="Bko2OwL9UHp" data-time="1701385823608"> How the Company <b>safeguards</b> your personal data; </li> <li class="ps-section" data-id="ryhndD8qUHa" data-time="1701385823608"> Whether the Company engages in <b>automated decision-making</b>; and </li> <li class="ps-section" data-id="SyphdP8q8rT" data-time="1701385823608"> Your <b>rights</b> regarding your personal data. </li></ul><div data-section-type="1" class="ps-section" data-id="ryR2_P85Ir6" data-time="1701385823608"><br /> </div><div data-section-type="1" class="ps-section" data-id="Hy1aOv89IB6" data-time="1701385823608"> For purposes of this Notice:</div><div data-section-type="1" class="ps-section" data-id="Syl6dw85Ura" data-time="1701385823608"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="rybTODIqLrT" data-time="1701385823608"> <li class="ps-section" data-id="HyzpdwUqIST" data-time="1701385823608"> <b>Data Controller</b> is the Company; </li> <li class="ps-section" data-id="S1QpdD85IHp" data-time="1701385823608"> <b>Handy Platform</b> means the websites and mobile apps controlled by the Company and/or its affiliated companies; </li> <li class="ps-section" data-id="SJNpuvL58HT" data-time="1701385823608"> <b>Personal data</b> means any information related to an identified or identifiable natural person; and </li> <li class="ps-section" data-id="SkHTuPU5LST" data-time="1701385823608"> <b>Processing</b> means any operation with respect to personal data, such as collection, retrieval, access, use, disclosure, storage, or disposal of personal data. </li></ul><div data-section-type="1" class="ps-section" data-id="Sk8pdDL98B6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="ByD6dvU9Irp" data-time="1701385823608"> Relationship of this Notice to other notices:</div><div data-section-type="1" class="ps-section" data-id="S1OpOwIcUr6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="H1tpODI5UHa" data-time="1701385823608"> We process background check information, including information related to your criminal history, after providing with you notice of that process in the Background Check Notice and Consent: Service Professionals form and obtaining your express consent.</div><div data-section-type="1" class="ps-section" data-id="BJ5T_v89UBT" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="Skj6OP8qUST" data-time="1701385823608"> The Handy <a href="https://www.handy.com/privacy">Privacy Policy</a> describes how we process personal data you provide to the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="B1npODUcIHa" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="H1aauwUc8rp" data-time="1701385823608"> 1. Collection, Use and Disclosure of Your Personal Data</div><div data-section-type="1" class="ps-section" data-id="B1CT_DL9UB6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="HkkCODU5LB6" data-time="1701385823608"> a. Collection. The Company may collect personal data about you from the information that you submit to us, including: through the Handy Platform; from your interviews with the Company; and from Service Requesters; Such personal data includes, but is not limited to: </div><div data-section-type="1" class="ps-section" data-id="ryxC_D8qIr6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="rkbROD8qUHT" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="r1GRdw85UrT" data-time="1701385823608"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="SkmAdwIq8Sa" data-time="1701385823608"> <li class="ps-section" data-id="By4Ruw858rp" data-time="1701385823608">first and last name;</li> <li class="ps-section" data-id="SkrRdPI5Lrp" data-time="1701385823608">content of (SMS) text messages sent through the Handy Platform, including sending transaction information such as date/time</li> <li class="ps-section" data-id="SkUCOPI98HT" data-time="1701385823608">voice, image, likeness</li> <li class="ps-section" data-id="S1wCOv85UH6" data-time="1701385823608">telephone number</li> <li class="ps-section" data-id="SkuRuPL58rT" data-time="1701385823608">perferred times and locations</li> <li class="ps-section" data-id="SytCdv8cUSa" data-time="1701385823608">ratings/reviews from Service Requesters</li> <li class="ps-section" data-id="rJcAdPLqLST" data-time="1701385823608">geographic location, as described in the Service Professional Agreement (Location Coordinates)</li> <li class="ps-section" data-id="S1s0dDI98Sp" data-time="1701385823608">call data for calls sent through the Handy Platform, including telephone numbers, recepient, and time</li> <li class="ps-section" data-id="HJ3CdvI5IHp" data-time="1701385823608">email address; </li> <li class="ps-section" data-id="SkTR_DUqUBa" data-time="1701385823608">mother's maiden name*;</li> <li class="ps-section" data-id="SkCR_DI5IrT" data-time="1701385823608">national insurance number*; </li> <li class="ps-section" data-id="Sk11l_wL5UrT" data-time="1701385823608">date of birth*;</li> <li class="ps-section" data-id="HkeJldvLqLBa" data-time="1701385823608">direct deposit information** or other payment information; </li> <li class="ps-section" data-id="ryWkl_w8c8Sa" data-time="1701385823608">other personal data, as described by the Handy Privacy Policy</li></ul><div data-section-type="1" class="ps-section" data-id="S1MJgOwU5IS6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="ByQkx_vIcUSa" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="HJEyg_P8cLHa" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="SyH1eODLqIr6" data-time="1701385823608"> The Company may collect the information on your national insurance card, bank statement, and passport or relevant national identification document if we scan these documents into the background check company's portal for you for the purpose of assisting you with the background check process. We promptly delete the copies of these documents after uploading and do not store this information.</div><div data-section-type="1" class="ps-section" data-id="Hy8yldDL9UST" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="SkvyeuvI5LBa" data-time="1701385823608"> Calls and (SMS) text messages</div><div data-section-type="1" class="ps-section" data-id="BJdkx_wU9Irp" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="r1FyxuDL9LBT" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="r191g_DUcLrT" data-time="1701385823608"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="BJiJe_D8qLHa" data-time="1701385823608"> <li class="ps-section" data-id="rJnJedDUcLBT" data-time="1701385823608"> If you use the Handy Platform to call or text (SMS) message a Service Requester, the Company's parent corporation, Handy Technologies, Inc. (doing business as Handy), located at PO Box #1122, New York, New York 10159 in the United States (theParent Corporation) will provide you with a substitute phone number for the Service Requester that connects you initially to an Authorized Service Provider (defined below) under contract with the Parent Corporation. The Authorized Service Provider will complete the communication using a substitute telephone number for you to prevent the Service Requester from learning your real phone number. If the Service Requester initiates a communication to you using a substitute phone number provided by the Parent Corporation, this masking service will work in the same way, but in reverse. </li> <li class="ps-section" data-id="SkTkl_DL5UHT" data-time="1701385823608"> During this process, the Parent Corporation and the Authorized Service Provider receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages (collectively, Call/Text Information). </li></ul><div data-section-type="1" class="ps-section" data-id="ByR1euPI9UHT" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="HkkxlOD85Urp" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="H1lglOvL9LBT" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="r1beg_DIq8Ba" data-time="1701385823608"> b. Use. The Company uses personal data, as necessary, for purposes related to reviewing your application to participate on the Handy Platform as an independent contractor service professional and to providing an online marketplace for cleaning and other domestic services. These purposes include, but are not limited to, the following: </div><div data-section-type="1" class="ps-section" data-id="ryfgl_DL5LHa" data-time="1701385823608"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="H1QllOv8qUHa" data-time="1701385823608"> <li class="ps-section" data-id="B1NglOP89LS6" data-time="1701385823608">To determine whether to invite you to participate as an independent contractor service professional on the Handy Platform </li> <li class="ps-section" data-id="HJrllOv8q8Ba" data-time="1701385823608">To conduct background checks</li> <li class="ps-section" data-id="r1IlxOwUcUH6" data-time="1701385823608">To verify eligibility to work in the United Kingdom </li> <li class="ps-section" data-id="BJwxxdwI5LH6" data-time="1701385823608">To advertise your products and services and/or Handy by using your voice, image, likeness, name and ratings/reviews from Service Requesters </li> <li class="ps-section" data-id="SJueeOPI5IH6" data-time="1701385823608">To protect Service Requesters, their property, and people at service locations </li> <li class="ps-section" data-id="B1FleOvL98HT" data-time="1701385823608">To process payments to you for services you provided through the Handy Platform </li> <li class="ps-section" data-id="Hy9exOwLcLS6" data-time="1701385823608">To verify identity </li> <li class="ps-section" data-id="Sksge_D85UH6" data-time="1701385823608">To schedule, reschedule, and cancel services you provide through the Handy Platform </li> <li class="ps-section" data-id="S12llOP858HT" data-time="1701385823608">To communicate with you about the services you provide through the Handy Platform </li> <li class="ps-section" data-id="rJpxldP89UBT" data-time="1701385823608">To send you marketing materials in accordance with applicable law </li> <li class="ps-section" data-id="ryCleOvLcLBT" data-time="1701385823608">To evaluate whether to retain you on the Handy Platform, by, for example, processing your ratings from Service Requesters, assessing complaints about you, and determining whether you perform scheduled work </li> <li class="ps-section" data-id="BykZgODI5Irp" data-time="1701385823608">Other purposes, as described in the Handy Privacy Policy</li></ul><div data-section-type="1" class="ps-section" data-id="HJeWx_PIqIH6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="BkW-euDUcIra" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="rkG-edPI9LSp" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="Sk7WeuDU98Sp" data-time="1701385823608"> Location Coordinates and Call/Text Information: The Company and the Parent Corporation use Location Coordinates and Call/Text Information to resolve service complaints and disputes between you and Service Requesters and in the course of litigation. The Company also may use your personal data to facilitate administrative functions and information technology operations, including, but not limited to, the management and operation of information technology and communications systems, risk management and insurance functions, budgeting, financial management and reporting, strategic planning, and the maintenance of licenses, permits and authorizations applicable to the Company’s business operations. <br /><br /> Legal Bases for Processing. These uses are necessary for the Company to fulfill its obligations under the Service Professional Agreement with you, such as to facilitate payments to you for services provided through the Handy Platform and to determine whether you arrived at the service location; are required to fulfill the Company’s legal obligations, such as to verify eligibility to work in the United Kingdom; or are necessary for the Company to pursue its legitimate interests, such as sending you marketing information or to advertise Company’s services by using your name, image, and likeness. Please note that you are required to provide some personal data to enter into the Service Professional Agreement, such as first and last name, mother’s maiden name, date of birth, and national insurance number for purposes of a background check, and to perform your obligations under the Service Professional Agreement, such as your telephone number, Call/Text Information, and Location Coordinates. If you do not provide this personal data, you cannot participate on the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="S1NZeuwL98Sa" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="BJrWguDLcLrp" data-time="1701385823608"> Disclosures. <br /> Authorized Third Parties include third-party service providers under written contract with the Company and acting under the Company's direction and instructions, such as accountants, auditors, attorneys, administrative service providers, and service providers described on the Handy Privacy Policyand any other entity providing services to the Company. Due to business requirements or contractual or statutory obligations, the Company may need to disclose your personal data to Authorized Third Parties for the purposes described above. <br /><br /> Onward Transfer for Marketing Purposes. The Company may disclose your personal data to third parties that use personal data for their marketing purposes as described in the Handy Privacy Policy. <br /> The Company also discloses your personal data to the third parties described in the Handy Privacy Policy. </div><div data-section-type="1" class="ps-section" data-id="Hy8Wluv898Sp" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="S1PZeODUcIrT" data-time="1701385823608"> 2. International Transfers of Personal Data</div><div data-section-type="1" class="ps-section" data-id="ry_ZxuD8qUra" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="rytZgOwU98Sa" data-time="1701385823608"> Because the Company is part of a global multinational corporation, your personal data will be transferred to, and accessed by, the Parent Corporation in the United States). The Parent Corporation has applied to the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks to ensure an adequate level of protection for your personal data. The Parent Corporation will use your personal data for the purposes described above. <br /><br /> The Company and the Parent Corporation will transfer your personal data to Authorized Third Parties, located in the United Kingdom and the United States, for the purposes described above. <br /><br /> Before transferring your personal data from the United Kingdom to any Authorized Third Party located outside the European Union and the United Kingdom (together, the EU), the Company or the Parent Corporation will either (a) execute Standard Contractual Clauses, approved by the European Commission, to ensure an adequate level of protection for the transfer of your personal data to those entities outside the EU, or (b) confirm that the Authorized Third Party has certified to the EU-U.S. Privacy Shield Framework. </div><div data-section-type="1" class="ps-section" data-id="S1cWldDIq8B6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="S1sZedwU9UBa" data-time="1701385823608"> 3. Security Measures for, and Retention of, Personal Data</div><div data-section-type="1" class="ps-section" data-id="r1hWx_wIqUB6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="H1a-gdvU5LSa" data-time="1701385823608"> The Company has implemented reasonable and appropriate administrative, physical, and technical safeguards for your personal data. For example, your personal data will be stored on a secure server when in electronic form and in physically secure areas when in paper form. Technical and physical controls restrict access to your personal data to employees of the Company with a need to know. While Handy has taken reasonable steps to safeguard your personal data, Handy cannot guarantee the security of your personal data, and you provide Personal Data to Handy at your own risk.</div><div data-section-type="1" class="ps-section" data-id="SkAWl_vI9LH6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="B1yGe_vU58Sp" data-time="1701385823608"> 4. Automated Decision-Making</div><div data-section-type="1" class="ps-section" data-id="BygzgdwLc8Ha" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="H1bzluDU9UB6" data-time="1701385823608"> Neither the Company nor the Parent Corporation use your personal data for automated decision-making that produces legal effects or similarly significantly affects you.</div><div data-section-type="1" class="ps-section" data-id="r1Gfxuv85IS6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="BkmGxOvLcLrT" data-time="1701385823608"> 5. Your Rights With Respect to Your Personal Data</div><div data-section-type="1" class="ps-section" data-id="SyNfg_DL58r6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="rJSMguPU9IrT" data-time="1701385823608"> Rights of Access/Correction/Deletion. You have the right to access your personal data and to request that the Company update, correct or delete (the “right to be forgotten”) your personal data as provided by applicable law. Your right to access your personal data includes your right to receive a copy of all, or a portion, of your personal data in the Company’s possession as long as the Company’s providing your personal data would not adversely affect the rights and freedoms of others. <br /><br /> Rights of Restriction/Portability. You also have the right to restrict the Company’s processing of your personal data and to data portability as provided by applicable law. Subject to certain limitations, the right to data portability allows you to obtain from the Company, or to ask the Company to send to a third party, a copy of your personal data in electronic form that you provided to the Company in connection with the performance of the Service Professional Agreement or with your consent. <br /><br /> Right To Object. You have the right to object to the processing of your personal data based solely on your consent or the Company’s or the Parent Corporation’s legitimate interests. If you do object in these circumstances, the processing of your personal data will be stopped unless there is an overriding, compelling reason to continue the processing or the processing is necessary to establish, pursue or defend legal claims. <br /><br /> Exercising Your Rights. You can exercise these rights by submitting an email to privacy@handy.com. The Company will respond to such requests in accordance with applicable data protection law. If you believe that your personal data has been processed in violation of applicable data protection law, you have the right to lodge a complaint with the data protection authority where you live, where you work, or where you believe the violation occurred. <br /><br /> Withdrawal of Consent. If the Company requests your consent to process your personal data and you do consent, you may use the contact information above to withdraw your consent. Any withdrawal shall not affect the lawfulness of processing based on consent before its withdrawal, and the Company will continue to retain the information that you provided us before you withdrew your consent for as long as allowed or required by applicable law. </div><div data-section-type="1" class="ps-section" data-id="ByIfl_v898B6" data-time="1701385823608"><br /></div><div data-section-type="1" class="ps-section" data-id="ryPfe_DL9UB6" data-time="1701385823608"> Last updated: 26 October 2018</div><div data-section-type="1" class="ps-section" data-id="SJOMguvL58HT" data-time="1701385823608"><br /></div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459888" class="contract-container group-item " data-id="459888" data-key="us-terms-of-use" data-groups="" style="display: none;"> <div class="contract-header"> <h2>US Terms of Use</h2> <div class="row"> <div class="six columns" id="version-effective-date-459888"> <label for="select-version-459888" class="select-version select-version-label">Version</label> <select name="versions-459888" id="select-version-459888" class="select-version select-version-select input-select"> <option selected value="contract-id-459888-version-668c6fd01c361031d34c6235" class="contract-id-459888-version-668c6fd01c361031d34c6235" data-version="1.3">Version 1.3  (Current)</option> <option value="contract-id-459888-version-668c6f5d72d9c2c26e94d4a4" class="contract-id-459888-version-668c6f5d72d9c2c26e94d4a4" data-version="1.2">Version 1.2</option> <option value="contract-id-459888-version-658084b25944d1f759561efa" class="contract-id-459888-version-658084b25944d1f759561efa" data-version="1.1">Version 1.1</option> <option value="contract-id-459888-version-6578a6200ce6cb9f9e24566e" class="contract-id-459888-version-6578a6200ce6cb9f9e24566e" data-version="1.0">Version 1.0</option> </select> </div> </div> </div> <div id="contract-versions-459888"> <div id="contract-id-459888-version-668c6fd01c361031d34c6235" data-vid="668c6fd01c361031d34c6235" class="version-container js-version-container-459888 " style="display: block;"> <div id="version-languages-668c6fd01c361031d34c6235" class="version-translation-container"> <div id="version-668c6fd01c361031d34c6235-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="US Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective July 8th 2024</h5> <a id="download-version-668c6fd01c361031d34c6235-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/668c6fd01c361031d34c6235.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-668c6fd01c361031d34c6235"> <div data-section-type="1" class="ps-section" data-id="rJbWt-ZIp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="HklWZFWWLp" data-time="1702070521194"> <center><i>Last updated on July 8, 2024</i></center></div><div data-section-type="1" class="ps-section" data-id="SJbb-KWZLp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="BJzZWKWW8T" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="SkXWWYWWUa" data-time="1702070521194"> <center> TABLE OF CONTENTS</center></div><div data-section-type="1" class="ps-section" data-id="BJ4-btbWUa" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="ryH-ZYZ-8a" data-time="1702070521194"><strong><i>For residents of the State of California</i>, please click <a href="#us_california">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="S1IWbYbZLp" data-time="1702070521194"><strong><i>For residents of all other States</i>, please click <a href="#us_non_california">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="HyPZZFZZ8p" data-time="1702070521194"><br /> <center> Terms of Use / User Agreement for California Residents</center></div><div data-section-type="1" class="ps-section" data-id="SkObWYWWLp" data-time="1702070521194">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="rktWWY--U6" data-time="1702070521194"> <center><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</strong></center></div><div data-section-type="1" class="ps-section" data-id="BJ9ZbFbZIp" data-time="1702070521194">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handy Technologies, Inc. d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="rJsWbKbZ8T" data-time="1702070521194">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HJ2-Zt-ZLp" data-time="1702070521194">By using the Handy Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJp-WYbb8p" data-time="1702070521194">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="BJRbWFWbUa" data-time="1702070521194"> <li class="ps-section" data-id="SyyeZbtZWIa" data-time="1702070521194">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).</li> <li class="ps-section" data-id="B1egbWtbWIT" data-time="1702070521194">Your agreement that no claims can be adjudicated on a class basis (Section 19).</li> <li class="ps-section" data-id="B1-gZWt--Up" data-time="1702070521194">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Handy Platform (Section 3(f)).</li> <li class="ps-section" data-id="SkGebbYWW8T" data-time="1702070521194">Your acknowledgment of and agreement to Handy's dormant account service fees (Section 3(i)).</li> <li class="ps-section" data-id="BkXgbZtbWUp" data-time="1702070521194">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="B1Vgb-KWWUT" data-time="1702070521194">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="HJBl-Zt-b8p" data-time="1702070521194">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).</li> <li class="ps-section" data-id="BJ8x-WYZWLp" data-time="1702070521194">Handy's sole liability with respect to disputes is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="HyPlWbt--Lp" data-time="1702070521194">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li> <li class="ps-section" data-id="ry_gZWFWWIa" data-time="1702070521194">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 18).</li> <li class="ps-section" data-id="B1YeZ-YZZ8T" data-time="1702070521194">Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><div id="screening" data-section-type="1" class="ps-section" data-id="rk5x-ZtWW8a" data-time="1702070521194"><strong>1. <u>Handy Platform; Screening.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1ieZZtZZIa" data-time="1702070521194">a. <u>The Handy Platform.</u> The Handy Platform is a technology platform that makes available certain home services to individuals seeking to obtain home services (“Requesters”) that Handy fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Professionals”). Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong> or <strong>"Jobs"</strong>: Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. As described further in Section 4(e) below, no contractual relationship is created during a negotiation period associated with each Professional Service before a Professional is committed to the Professional Service. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>"Merchandise"</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Merchandise. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="ry2lZbYWZ8T" data-time="1702070521194">b. <u>Screening and Licensing.</u> FOR PROFESSIONALS THAT REGISTER TO USE THE HANDY PLATFORM IN THEIR INDIVIDUAL CAPACITY, HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY, AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE HANDY PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="rkplb-FbWIp" data-time="1702070521194"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryRxbbYW-8p" data-time="1702070521194">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="B11bbbF-ZLp" data-time="1702070521194">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="B1gWWZtWW86" data-time="1702070521194">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="rkZb-bY-b86" data-time="1702070521194">d. <u>Text Messages and Phone Calls.</u></div><div data-section-type="1" class="ps-section" data-id="rkzZWbFZWL6" data-time="1702070521194">(i) General: By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Handy Platform and requesting Professional Services, you are entering into a business relationship with Handy and/or Professionals and thus agree to be contacted by Handy and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="rJ7bZ-tbWLp" data-time="1702070521194">(ii) Recording: You acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes.</div><div id="messaging" data-section-type="1" class="ps-section" data-id="B14Z-WtWWLT" data-time="1702070521194">(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Handy, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Handy reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Handy also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Handy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Handy and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Handy through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Handy and the Service Professionals, your use of Handy Services may be impacted. Handy and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Handy's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.</div><div data-section-type="1" class="ps-section" data-id="BkSZbbYZ-Lp" data-time="1702070521194">(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="rJUZb-KWWLa" data-time="1702070521194">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="H1PWWWtbW8p" data-time="1702070521194"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims; Dormant Account Service Charge.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1_Z--KW-Ia" data-time="1702070521194">a. Payments. Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform <strong>("Payments")</strong>. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="H1K-ZbKb-IT" data-time="1702070521194">b. <u>Price.</u> The base price for a Professional Service paid to Handy (<strong>"Price"</strong>) depends on factors, such as location and, if part of a Recurrent Service, how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein. Additionally, you may reach agreement with the Professional for additional payment above the base Price listed for a Professional Service. Requesters and Professionals are free to negotiate any terms of their agreement, and there will be no penalty to the Professional for declining a Professional Service during an initial Negotiation Period as specified below in Section 4(e). If you and your Professional agree to new job details, you can let Handy know by contacting our support team. We’ll process whatever changes you need in accordance with your agreement with the pro. You can also coordinate booking detail or pay changes directly with the Professional.</div><div data-section-type="1" class="ps-section" data-id="BkcWWbtZ-8T" data-time="1702070521194">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="SksZ-bFWW86" data-time="1702070521194">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="Hy3WbZY-ZUT" data-time="1702070521194">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="BypbWZYbZ86" data-time="1702070521194">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="BkCWZ-tWbLT" data-time="1702070521194">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="H11GbWK-ZUp" data-time="1702070521194">i. The Handy Happiness Guarantee provides certain limited additional protections provided by Handy for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) have the specific Professional Service reperformed or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional's completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="S1gGWWKbZ8a" data-time="1702070521194">ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="Hy-MWZt-W8a" data-time="1702070521194">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HyGMZ-YWWIa" data-time="1702070521194"> <li class="ps-section" data-id="Hy7GbbYWZLa" data-time="1702070521194">The Professional Service is paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="rJ4f--tbZLp" data-time="1702070521194">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="S1rzZWY--Ip" data-time="1702070521194">The Requester has reported the claim within 72 hours of the Professional's completion of the Professional Service;</li> <li class="ps-section" data-id="r1LG--tbWIp" data-time="1702070521194">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="r1wzZ-FZZUT" data-time="1702070521194">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="rydGWWtZW8p" data-time="1702070521194">The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="BkFfb-FWW8T" data-time="1702070521194">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="ByqzWZFZb8a" data-time="1702070521194"> <li class="ps-section" data-id="Skoz--FWZ8T" data-time="1702070521194">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="BknMZWFbZI6" data-time="1702070521194">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SJpG-bKbZUp" data-time="1702070521194">Merchandise;</li> <li class="ps-section" data-id="ByCfbWt-W8T" data-time="1702070521194">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="By17--F--Lp" data-time="1702070521194">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="Syl7-ZF-WUa" data-time="1702070521194">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="HJb7-WtbZUT" data-time="1702070521194">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="H1M7bbtZW8a" data-time="1702070521194">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="BkXmZWtWZUp" data-time="1702070521194">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="ryN7W-K-b8T" data-time="1702070521194">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="ryHmZZFZbLp" data-time="1702070521194">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="rJImbbYZWUa" data-time="1702070521194">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="HJPQW-tZZ8a" data-time="1702070521194">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="B1d7bbKZW8T" data-time="1702070521194">losses of cash, third party gift cards, and securities;</li> <li class="ps-section" data-id="HytQZbYWWLT" data-time="1702070521194">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="HycmbZtb-86" data-time="1702070521194">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="SJoXZZtWbIp" data-time="1702070521194">losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="HkhmWZtZZLT" data-time="1702070521194">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="HyTXZbFbZ8T" data-time="1702070521194">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="rJR7Z-tbbUa" data-time="1702070521194">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="r114WZFbZIT" data-time="1702070521194">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="rJlVZ-FbW8a" data-time="1702070521194">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="S1WEbWKbWIa" data-time="1702070521194">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="HJG4W-Yb-Up" data-time="1702070521194">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="S17NWbKb-Up" data-time="1702070521194">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="SJVE-ZF--Ia" data-time="1702070521194">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="HJH4bWt-ZUa" data-time="1702070521194">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and</li> <li class="ps-section" data-id="S1IVZbFWbLT" data-time="1702070521194">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="r1v4bWtZZLT" data-time="1702070521194">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="B1d4-bFbWI6" data-time="1702070521194">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="rkYEW-tZ-La" data-time="1702070521194">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="Sy5VbWK-WUp" data-time="1702070521194">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="SJjE-bKbW8a" data-time="1702070521194">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="Hkh91lcD0" data-time="1720479635766"><span style="background-color:initial">Please note that you have a duty to mitigate any damage to your property (e.g. turning water off, securing personal effects, etc.). Failure to mitigate your damages may lead to your inability to seek reimbursement from your insurance carrier or any at-fault party. Please ensure that you document all mitigation efforts.</span></div><div data-section-type="1" class="ps-section" data-id="HJMh5yecwR" data-time="1720479635766"><br /></div><div data-section-type="1" class="ps-section" data-id="rynVZZFbWIT" data-time="1702070521194">e. <u>Handy Merchandise Refund Policy.</u></div><div data-section-type="1" class="ps-section" data-id="rJ6EbZt-W8T" data-time="1702070521194">i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Handy shall not refund the cost of the Professional Services. Handy shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.</div><div data-section-type="1" class="ps-section" data-id="rkCEWZFWbLp" data-time="1702070521194">ii. If any Merchandise is broken only in the course of performing the Professional Services, Handy will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Handy shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).</div><div data-section-type="1" class="ps-section" data-id="B1yrWZY-bIT" data-time="1702070521194">f. <u>Handy Trust and Support Fee</u> Handy may assess an additional <strong>"Trust and Support Fee"</strong> to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="HyeBWbF-ZLp" data-time="1702070521194">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="SJ-rZbtZWI6" data-time="1702070521194">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="BkfrZZt-W8p" data-time="1702070521194">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="rk7SWZKbZIT" data-time="1702070521194">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="rJVBb-YW-86" data-time="1702070521194">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="rJSr-ZKZbUa" data-time="1702070521194">h. <u>Dormant Account Service Charge.</u> An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Handy Help Center at www.handy.com/help.</div><div data-section-type="1" class="ps-section" data-id="HkIHW-F-ZIT" data-time="1702070521194"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1DBbbt-ZI6" data-time="1702070521194">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="BJdBZ-YZbLa" data-time="1702070521194">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="ryKrZ-KZb8p" data-time="1702070521194">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="ry9rZ-FWW8a" data-time="1702070521194">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="rkjB-bKZZ8T" data-time="1702070521194">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="Hk3SbZYW-86" data-time="1702070521194">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="H1TH-bF-WLT" data-time="1702070521194">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="S1RSWWt-ZIp" data-time="1702070521194">(iv) <em>Expiration of Minimum Commitment; AUTOMATIC RENEWAL:</em> Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Handy Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.</div><div data-section-type="1" class="ps-section" data-id="BJJUZZK-bUT" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD</em>: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</div><div data-section-type="1" class="ps-section" data-id="HkIhikfkR" data-time="1711565742174">e. <u>Negotiation Period; Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Requester agrees and understands that, after requesting a Professional Service (Job) through the Platform, and upon a Professional claiming such Job, Requester and Professional will have a negotiation period in which to discuss any aspect of the Job (the Negotiation Period). During the Negotiation Period, either Professional or Requester can contact Handy and decline or withdraw the request for the Job without penalty. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Job is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Professional and a contractual relationship will be created between Professional and Requester. Professional and Requester may negotiate the terms of their contract, including the Timeframe, Estimated Work Time and Additional Payments, to be different than the base terms first set through the Platform. Unless otherwise agreed between Requester the Professional and communicated to Handy, Requester agrees that the consequence of Professional canceling a Job before or after the expiration of the Negotiation Period shall be as set out in Section 4(h) of this User Agreement. As to Requester, Handy's cancellation policy (found at <a href="https://www.handy.com/help">www.handy.com/help</a>) for specific Professional Services is as follows: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal,<span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="HybLb-FZWLp" data-time="1702070521194">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="SkGLWbY--La" data-time="1702070521194">(i) <em>Select Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership ("Handy Select").</div><div data-section-type="1" class="ps-section" data-id="HyQ8ZZKWZIp" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="H1N8b-K-WIp" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="HkSIWZFZ-Up" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="B1IUZWF-WUa" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</div><div data-section-type="1" class="ps-section" data-id="Byw8-ZtWbUa" data-time="1702070521194">(vi) <em>Handy Select Refunds</em>: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="SJdIW-K-WUa" data-time="1702070521194">(vii) <em>Handy Select Membership Plans/Promotional Trial Memberships</em>: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="Byt8ZbtbbL6" data-time="1702070521194">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="rk98bWtbbU6" data-time="1702070521194">(i) <em>Savings Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="S1jIbWKbbL6" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="BkhU-bK-ZUp" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="Bk6UZWt-ZUa" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="Sy3O5kzk0" data-time="1711565427651">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</span></div><div data-section-type="1" class="ps-section" data-id="By1wWbFbb8a" data-time="1702070521194">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="HkeDb-KWbI6" data-time="1702070521194">i. <u>Right to Withdraw Referrals.</u> Requester agrees and acknowledges that, if Handy determines there is a risk that a Professional will not appear at a Job requested by Requester, Handy retains the right to withdraw its referral to that Professional and may refer the Job to another Professional. If Requester directly arranges with the Professional to complete the Job for which the referral was withdrawn, Requester will promptly notify Handy of this fact.</div><div data-section-type="1" class="ps-section" data-id="rkZDb-tb-8a" data-time="1702070521194"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="BJGDWZF-WIp" data-time="1702070521194"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="rJ7P-bFbbLT" data-time="1702070521194"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="S1EvZWtWWIa" data-time="1702070521194">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="HJSPbWY-W8T" data-time="1702070521194">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="Hk8DZbKbbLp" data-time="1702070521194">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="HkPwWbYZ-86" data-time="1702070521194">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="HJ_D-bYbb8T" data-time="1702070521194">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="SyYw-WK--L6" data-time="1702070521194">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="HJ9DbWKb-8T" data-time="1702070521194">g. Intentionally Omitted.</div><div data-section-type="1" class="ps-section" data-id="SJjw-ZFbb86" data-time="1702070521194">h. Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="Sk2Db-Y-ZLp" data-time="1702070521194">i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="BJTPWbF-ZUT" data-time="1702070521194">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="SyADWbYb-UT" data-time="1702070521194">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="HkJuWZKbWIT" data-time="1702070521194">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="Syl_WZtWWIT" data-time="1702070521194">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="r1WuWbF-WU6" data-time="1702070521194">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="r1G_-WYbZIa" data-time="1702070521194">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="B1XuWbKZWLa" data-time="1702070521194">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="rk4_--YbbUp" data-time="1702070521194">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="SyruZ-K--8T" data-time="1702070521194">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="By8OZbt-bIp" data-time="1702070521194">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="BkP_WZK--IT" data-time="1702070521194">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="Hkdd-ZY--Up" data-time="1702070521194">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="rkFubWYWbLp" data-time="1702070521194">v. Alter transmission data without Handy's consent</div><div data-section-type="1" class="ps-section" data-id="HkcdW-tZ-La" data-time="1702070521194">w. Purchase Merchandise for the purposes of reselling it.</div><div data-section-type="1" class="ps-section" data-id="Byo_ZZKbZL6" data-time="1702070521194"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to obtain certain home services to by completed by independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="SyhOWZYZb8a" data-time="1702070521194"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJadbWFZWIT" data-time="1702070521194">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="Hy0_WWYZ-LT" data-time="1702070521194">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="SJkYbbK--I6" data-time="1702070521194">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons</div><div data-section-type="1" class="ps-section" data-id="H1gF-bYZZ8a" data-time="1702070521194">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupons may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="B1WYZbYWZIT" data-time="1702070521194">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="ByfFWWK-W8T" data-time="1702070521194">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rJXY-bK-bIp" data-time="1702070521194">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="HyEYbWKWbL6" data-time="1702070521194">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="BySFWWYbW8p" data-time="1702070521194">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="HJLtWbFb-L6" data-time="1702070521194">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="r1vtZZtZ-Ip" data-time="1702070521194">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="SydFWWYWWIT" data-time="1702070521194">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="SJttb-K-ZUT" data-time="1702070521194">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="By9F-btbWIT" data-time="1702070521194">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="SksYb-K--LT" data-time="1702070521194">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="rk3t--KZZ86" data-time="1702070521194">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="S1TKWWYWZLa" data-time="1702070521194">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="B10YbZKW-U6" data-time="1702070521194">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="r11qZWFWZUp" data-time="1702070521194">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="ryg9-btZZ8p" data-time="1702070521194">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="HyZcZbYWZ8T" data-time="1702070521194">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="HJzcbWKWZUa" data-time="1702070521194">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="BJm9WbFW-L6" data-time="1702070521194">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="SkEcbZKW-8T" data-time="1702070521194">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="SJS9-WKb-Lp" data-time="1702070521194">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="Hk8qbWK--L6" data-time="1702070521194">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="BJPq--F-WUp" data-time="1702070521194"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="https://www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="r1_9Z-KZZUp" data-time="1702070521194"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="SyK5WZK-WUp" data-time="1702070521194">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="SkccZWFWb8p" data-time="1702070521194">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="SkjcWZKW-Ip" data-time="1702070521194">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="rJ3qZZKWZ86" data-time="1702070521194">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="rJpqWWY-WLa" data-time="1702070521194">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="ByRqZWY-W8T" data-time="1702070521194">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="BJyjb-tbb86" data-time="1702070521194">Email: legal@angi.com</div><div data-section-type="1" class="ps-section" data-id="SJxob-FZbUT" data-time="1702070521194">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="rkcc9kGy0" data-time="1711565457764">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> </div><div data-section-type="1" class="ps-section" data-id="S1l5q91fJC" data-time="1711565457764">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="BkXq991MJ0" data-time="1711565457765"><br /></div><div data-section-type="1" class="ps-section" data-id="rJGib-tZb86" data-time="1702070521194"><strong>12. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk7oZZtbZUp" data-time="1702070521194">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="HyVjWbKWbUT" data-time="1702070521194">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="B1SjZWK--Ip" data-time="1702070521194">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="H1IoZWtbbLa" data-time="1702070521194">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="rJvibbKbZIT" data-time="1702070521194">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1usWbYWbIT" data-time="1702070521194">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="ryKoZZtW-8p" data-time="1702070521194">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="HJ5ib-Fbb8T" data-time="1702070521194">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SkiiW-Yb-Ua" data-time="1702070521194">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="r1noZZYW-U6" data-time="1702070521194">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="HkToZ-FbWL6" data-time="1702070521194">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="BkCiZWtWZL6" data-time="1702070521194">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="B113bbt--Ip" data-time="1702070521194"><strong>13. <u>Handy Spot Rewards.</u></strong> Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.</div><div data-section-type="1" class="ps-section" data-id="SkghbWtWWLT" data-time="1702070521194">Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Handy merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Handy's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.</div><div data-section-type="1" class="ps-section" data-id="BJb2WWKZbUa" data-time="1702070521194">Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Handy Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="HkG2Z-KWZIa" data-time="1702070521194">You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Handy is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Handy reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Handy reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="ByX3ZWF-WUa" data-time="1702070521194"><strong>14. <u>Lockbox and Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1V2bZt--LT" data-time="1702070521194"><strong><u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="HyBnbWYZbL6" data-time="1702070521194">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="rJLhWZtbbU6" data-time="1702070521194">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="r1v2Z-tb-L6" data-time="1702070521194">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="BJ_hZWYWZIp" data-time="1702070521194">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rJY2bWK--8a" data-time="1702070521194"><strong><u>Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryq3bWYWWU6" data-time="1702070521194">Handy utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Handy Vault, User agrees (i) to provide Handy with a copy of his or her key(s), (ii) allow Handy to store User's key(s) in a KeyCafe kiosk, (iii) to allow Handy to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Handy Vault, and (v) that Handy employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Handy is not responsible for the loss of User's key(s) during the use of Handy Vault. Upon request through Handy's Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> Handy will mail User's key(s) back within 14 days.</div><div data-section-type="1" class="ps-section" data-id="rys3ZbYWbIa" data-time="1702070521194"><strong>15. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BJ23b-tWbUT" data-time="1702070521194"><strong>16. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="HJp3Z-tb-I6" data-time="1702070521194"><strong>17. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJA2bbY-WUp" data-time="1702070521194">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="rk1TZZt-bUa" data-time="1702070521194">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE. HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="r1gp-Zt-ZUa" data-time="1702070521194">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."</div><div data-section-type="1" class="ps-section" data-id="HJ-TbbKbZUp" data-time="1702070521194">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="SkGaWWFbWIa" data-time="1702070521194">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="ByQ6ZbtZbUp" data-time="1702070521194">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="ry4pZWtW-8T" data-time="1702070521194">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="BkB6-bKZ-Up" data-time="1702070521194">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="B1Up-ZF-ZIa" data-time="1702070521194"><strong>18.<u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="H1w6-WFWWUa" data-time="1702070521194"><strong>19.<u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S15nqyzyC" data-time="1711565490393">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="BkFTWZt-ZL6" data-time="1702070521194">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="H19pW-YZW8T" data-time="1702070521194">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="Sys6bZKbW8T" data-time="1702070521194">d.<u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="BJh6bbYWZLp" data-time="1702070521194">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="rJTpWZY--L6" data-time="1702070521194">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="B1ApW-YbbLT" data-time="1702070521194">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="B1J0--tZ-Ip" data-time="1702070521194"><strong>20.<u>Governing Law; Jurisdiction.</u></strong> Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.</div><div data-section-type="1" class="ps-section" data-id="rygCbbKZWUp" data-time="1702070521194"><strong>21.<u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="rJERcJfkR" data-time="1711565516312"><strong>22.<u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</span></div><div data-section-type="1" class="ps-section" data-id="Hkf0ZZY-b86" data-time="1702070521194"><strong>23.<u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="Sy70ZbY--IT" data-time="1702070521194"><strong>24.<u>Severability</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="SyVAZbYbWIp" data-time="1702070521194"><strong>25.<u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@angi.com</a> or by mail the below address:</div><div data-section-type="1" class="ps-section" data-id="ByZkj1fJC" data-time="1711565528728">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> </div><div data-section-type="1" class="ps-section" data-id="HJxWyiyM1C" data-time="1711565528728">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="ByPRZZYWW86" data-time="1702070521194">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="HJORZ-FbZIa" data-time="1702070521194">Last updated: <strong>July 8, 2024</strong></div><div data-section-type="1" class="ps-section" data-id="HJKRWZKZWIa" data-time="1702070521194"><br /> <center> Terms of Use / User Agreement (Non-California)</center></div><div data-section-type="1" class="ps-section" data-id="SJ9RWZF-WUp" data-time="1702070521194">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="HyiCWWK-WUT" data-time="1702070521194"> <center><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</strong></center></div><div data-section-type="1" class="ps-section" data-id="S1hRWbFbZLp" data-time="1702070521194">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handy Technologies, Inc. d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="Bk6AZ-tW-LT" data-time="1702070521194">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ryCCbZYZbIT" data-time="1702070521194">By using the Handy Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ryy1e-btWZUT" data-time="1702070521194">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r1gJe-ZKWWUp" data-time="1702070521194"> <li class="ps-section" data-id="ry-kgW-Yb-Ia" data-time="1702070521194">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).</li> <li class="ps-section" data-id="ByMyeZWFZbI6" data-time="1702070521194">Your agreement that no claims can be adjudicated on a class basis (Section 19).</li> <li class="ps-section" data-id="Sym1xb-tZWLa" data-time="1702070521194">Your agreement that the Handy Platform is provided “as-is” and without warranty (Section 17).</li> <li class="ps-section" data-id="HJ41xZZt-bIT" data-time="1702070521194">Your agreement that the Handy Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 17), with the exception of Handy's Happiness Guarantee (Section 3(d)).</li> <li class="ps-section" data-id="BkSyxWbtZ-LT" data-time="1702070521194">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Handy Platform (Section 3(f)).</li> <li class="ps-section" data-id="H1I1gZZF--U6" data-time="1702070521194">Your acknowledgment of and agreement to Handy's dormant account service fees (Section 3(i)).</li> <li class="ps-section" data-id="rywJxZZFZWUT" data-time="1702070521194">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="BkOyx-WK-bLp" data-time="1702070521194">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="BkFJgZZt-W8T" data-time="1702070521194">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).</li> <li class="ps-section" data-id="HJ51x-ZK--86" data-time="1702070521194">Handy's sole liability with respect to disputes between users is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="Syjyeb-YbbIp" data-time="1702070521194">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li> <li class="ps-section" data-id="H1h1g-WKZWU6" data-time="1702070521194">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 18).</li> <li class="ps-section" data-id="HJT1xZZYZbL6" data-time="1702070521194">Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><div id="screening" data-section-type="1" class="ps-section" data-id="SJAJeWWYbbL6" data-time="1702070521194"><strong>1. <u>The Handy Platform is Solely a Venue for Communications; Screening.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1kxebZKWWUa" data-time="1702070521194">a. <u>The Handy Platform is Solely a Venue for Communications.</u> The Handy Platform is a communications platform enabling the connection between individuals seeking to obtain home services (“Requesters”) and independent, third-party individuals or entities seeking to provide the services requested (“Professionals”). Requesters and Professionals together are referred to as "Users". HANDY IS A PLATFORM THAT CONNECTS PROFESSIONALS AND REQUESTERS, AND IS NOT A PROVIDER OF HOME SERVICES. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong>: Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>"Merchandise"</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Handy Platform. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="Sygge--tZWIa" data-time="1702070521194">b. <u>Screening and Licensing.</u> FOR PROFESSIONALS THAT REGISTER TO USE THE HANDY PLATFORM IN THEIR INDIVIDUAL CAPACITY, HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY, AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE HANDY PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="Hk-xxb-KZWU6" data-time="1702070521194"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BkMxeZZK-Z8a" data-time="1702070521194">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="rymxxZbtbZUa" data-time="1702070521194">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="rk4ggWZtbWL6" data-time="1702070521194">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="HJSeg-WtWZUa" data-time="1702070521194">d. <u>Text Messages and Phone Calls.</u></div><div data-section-type="1" class="ps-section" data-id="BkIxxZ-t-W86" data-time="1702070521194">(i) General: By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Handy Platform and requesting Professional Services, you are entering into a business relationship with Handy and/or Professionals and thus agree to be contacted by Handy and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="B1vxx-Wtb-8a" data-time="1702070521194">(ii) Recording: You acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes.</div><div id="messaging" data-section-type="1" class="ps-section" data-id="rkuexWWtWZ86" data-time="1702070521194">(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Handy, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Handy reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Handy also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Handy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Handy and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Handy through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Handy and the Service Professionals, your use of Handy Services may be impacted. Handy and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Handy's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.</div><div data-section-type="1" class="ps-section" data-id="rkFxxZWY-b86" data-time="1702070521194">(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="rJ9gxWbKWWLT" data-time="1702070521194">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="SJsllZ-Y-ZLa" data-time="1702070521194"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims; Dormant Account Service Charge.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hy2leb-tWZ86" data-time="1702070521194">a. Payments. Users of the Handy Platform contract for Professional Services directly with other Users. Handy is not a party to any contracts for Professional Services. The Handy Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule certain Professional Services, and make payments for certain Professional Services ("Payments"). Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying Handy. Requesters must notify Handy either by changing the date or hours of the requested Professional Service through the Handy Platform or by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="Bk6ge-WtbZ8p" data-time="1702070521194">b. <u>Price.</u> The price for a Professional Service (<strong>"Price"</strong>) depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.</div><div data-section-type="1" class="ps-section" data-id="r10eebbYbZUa" data-time="1702070521194">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="SJJ-gZbY-Z8p" data-time="1702070521194">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="Sye-x--YW-U6" data-time="1702070521194">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="HkOGjkGJC" data-time="1711565583909">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</span></div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="HyMbeZ-FWZLp" data-time="1702070521194">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="S1mZxbbtb-86" data-time="1702070521194">i. The Handy Happiness Guarantee provides certain limited additional protections for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) seek to arrange for the same or a different Professional to redo or fix the work, as appropriate; or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional's completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="rJVZlbWKbZU6" data-time="1702070521194">ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="ryBZgWbKZ-8p" data-time="1702070521194">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="ryLZgZ-YW-U6" data-time="1702070521194"> <li class="ps-section" data-id="ryPZeWbKbZLT" data-time="1702070521194">The Professional Service is agreed to between a Requester and a Professional using the Handy Platform, performed by the Professional hired by the Requester, and paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="r1_WeZZFbZL6" data-time="1702070521194">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="B1KWxW-KbWU6" data-time="1702070521194">The Requester has reported the claim within 72 hours of the Professional's completion of the Professional Service;</li> <li class="ps-section" data-id="S15-e-ZY--IT" data-time="1702070521194">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="ryiWeb-YbbIp" data-time="1702070521194">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="HJ2-lZWFZ-Up" data-time="1702070521194">The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="B1p-xW-t-bIp" data-time="1702070521194">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HkAbg-WFbW8p" data-time="1702070521194"> <li class="ps-section" data-id="HkJflZWK-bUa" data-time="1702070521194">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="B1xGlbZFZWU6" data-time="1702070521194">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SkWMe-WFWbIT" data-time="1702070521194">Merchandise;</li> <li class="ps-section" data-id="SJGMlWWYbbLa" data-time="1702070521194">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="rkXMeZ-YZbUa" data-time="1702070521194">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="SJ4fxbbY--L6" data-time="1702070521194">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="rJrfeWZtWb8T" data-time="1702070521194">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="rk8fe-ZFW-LT" data-time="1702070521194">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="B1PMeW-FWWI6" data-time="1702070521194">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="r1uzxW-FbbU6" data-time="1702070521194">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="SkFGgZWKZbIT" data-time="1702070521194">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="BycGe--YWWUT" data-time="1702070521194">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="ryiGebZYZbLT" data-time="1702070521194">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="BknGe-ZFZ-La" data-time="1702070521194">losses of cash, third party gift cards, and securities;</li> <li class="ps-section" data-id="SkaMgbZtWb8a" data-time="1702070521194">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="SkRMlWbt-ZL6" data-time="1702070521194">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="HkJml-WY-WU6" data-time="1702070521194">losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="HkeQlb-KZZ8T" data-time="1702070521194">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="ry-7e-WFb-UT" data-time="1702070521194">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="SJGXxbZtbZ8p" data-time="1702070521194">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="BJQmlZbtbZLT" data-time="1702070521194">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="rkVQeZZYb-La" data-time="1702070521194">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="rkHmeZbKb-Ip" data-time="1702070521194">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="BJUXx-bK-WIT" data-time="1702070521194">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="rkwQlWZYbZLT" data-time="1702070521194">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="Hy_XgWbYW-86" data-time="1702070521194">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="S1KQgZZYZZ8T" data-time="1702070521194">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and</li> <li class="ps-section" data-id="BJ57eZbtbWIp" data-time="1702070521194">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="B1iXlZZYbZUT" data-time="1702070521194">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="ryhXgZWKbZU6" data-time="1702070521194">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="S16XgW-t-W8T" data-time="1702070521194">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="SJCXgZ-K-bU6" data-time="1702070521194">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="rJ14e-WKbWLT" data-time="1702070521194">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="H1ilxgqw0" data-time="1720479730675">Please note that you have a duty to mitigate any damage to your property (e.g. turning water off, securing personal effects, etc.). Failure to mitigate your damages may lead to your inability to seek reimbursement from your insurance carrier or any at-fault party. Please ensure that you document all mitigation efforts.</div><div data-section-type="1" class="ps-section" data-id="SyxEeWbFZ-Lp" data-time="1702070521194">e. <u>Handy Merchandise Refund Policy.</u></div><div data-section-type="1" class="ps-section" data-id="BJ-Nl-bY--I6" data-time="1702070521194">i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Handy shall not refund the cost of the Professional Services. Handy shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.</div><div data-section-type="1" class="ps-section" data-id="ByM4xbWKb-UT" data-time="1702070521194">ii. If any Merchandise is broken only in the course of performing the Professional Services, Handy will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Handy shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).</div><div data-section-type="1" class="ps-section" data-id="ryX4e-ZYZZUp" data-time="1702070521194">f. <u>Handy Trust and Support Fee</u> Handy may assess an additional <strong>"Trust and Support Fee"</strong> to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="rkENlWbYbbLa" data-time="1702070521194">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="rJS4x-WF-ZUT" data-time="1702070521194">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="rkU4lb-Y-WLp" data-time="1702070521194">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="BJDVgbbYZZ86" data-time="1702070521194">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="HyONgb-YbbLa" data-time="1702070521194">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="SkYVgb-FbWIp" data-time="1702070521194">h. <u>Dormant Account Service Charge.</u> An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Handy Help Center at www.handy.com/help.</div><div data-section-type="1" class="ps-section" data-id="SJ94l-bKW-La" data-time="1702070521194"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJsEg-WtbZI6" data-time="1702070521194">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="rJhNeb-t-WIa" data-time="1702070521194">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="H16EeZ-FWWLa" data-time="1702070521194">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="S1CNx-WtZb8a" data-time="1702070521194">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="B1yreb-tbWL6" data-time="1702070521194">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="S1eSgZ-YW-Up" data-time="1702070521194">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="HkZBxWbtZZLp" data-time="1702070521194">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="r1MHlbZK-bUa" data-time="1702070521194">(iv) <em>Expiration of Minimum Commitment; AUTOMATIC RENEWAL:</em> Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Handy Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.</div><div data-section-type="1" class="ps-section" data-id="H1O4jJzkC" data-time="1711565615542">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD</em>: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</span></div><div data-section-type="1" class="ps-section" data-id="BkzBiJMJ0" data-time="1711565625894">e. <u>Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Handy's cancellation policy (found at <a href="https://www.handy.com/help">www.handy.com/help</a>) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Handy Platform at any time, subject to the following conditions: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="rySHgbWKWbUT" data-time="1702070521194">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="H1Url-bK--IT" data-time="1702070521194">(i) <em>Select Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership ("Handy Select").</div><div data-section-type="1" class="ps-section" data-id="H1PrxWWFb-8a" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="SydHxZbY-ZU6" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="SJFrgZZtWZIT" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="Hk18o1GyC" data-time="1711565638600">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</span></div><div data-section-type="1" class="ps-section" data-id="HksHeWWt-Z86" data-time="1702070521194">(vi) <em>Handy Select Refunds</em>: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="rJnrxW-K-WLp" data-time="1702070521194">(vii) <em>Handy Select Membership Plans/Promotional Trial Memberships</em>: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="rJTrlWZtbZI6" data-time="1702070521194">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="SJArebWFZ-Lp" data-time="1702070521194">(i) <em>Savings Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="ByJUgZbtW-Lp" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="rJgIg-bFbZ8T" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="HJWUebbY-ZIT" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="BkTUoyGJC" data-time="1711565653359">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</span></div><div data-section-type="1" class="ps-section" data-id="BkQIxZ-FZWUa" data-time="1702070521194">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="H1N8lb-F-b8p" data-time="1702070521194"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="B1SLeWWKWZUa" data-time="1702070521194"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="SyU8e-bFZ-Lp" data-time="1702070521194"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="S1v8gZWFW-UT" data-time="1702070521194">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="ry_Lg--tb-8p" data-time="1702070521194">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="r1K8xbWYWbUT" data-time="1702070521194">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="rk98lZZtWZLT" data-time="1702070521194">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="r1sUlZbtbZUT" data-time="1702070521194">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="BJnLeZZYb-UT" data-time="1702070521194">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="S16IlbbYWWIp" data-time="1702070521194">g. Intentionally Omitted.</div><div data-section-type="1" class="ps-section" data-id="SJ0Ieb-Kb-La" data-time="1702070521194">h. Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="SkkvgWbtb-8p" data-time="1702070521194">i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="SyePxWZYZ-L6" data-time="1702070521194">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="HkZwgb-tW-IT" data-time="1702070521194">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="HJGPgb-F-W8a" data-time="1702070521194">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="Sk7vxZbFZZ8a" data-time="1702070521194">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="SJVvebWtZ-8p" data-time="1702070521194">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="ryBDx--t-WUp" data-time="1702070521194">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="rkIvx-bYZ-Ia" data-time="1702070521194">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="ryPwxbZYbbI6" data-time="1702070521194">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="HkdPlbWtZ-Ia" data-time="1702070521194">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="H1Yvx-bK-ZL6" data-time="1702070521194">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="Hy9wxZ-tbWUa" data-time="1702070521194">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="rJoDeZWK--LT" data-time="1702070521194">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="SyhweZZYZZ8a" data-time="1702070521194">v. Alter transmission data without Handy's consent</div><div data-section-type="1" class="ps-section" data-id="SyaPe-btbZ8p" data-time="1702070521194">w. Purchase Merchandise for the purposes of reselling it.</div><div data-section-type="1" class="ps-section" data-id="HkRvlb-KZZU6" data-time="1702070521194"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to connect with independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="S1kOgWZYWZI6" data-time="1702070521194"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hklueb-FZ-UT" data-time="1702070521194">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="Sybue-bFbbU6" data-time="1702070521194">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="ryMugWWF-bLa" data-time="1702070521194">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons</div><div data-section-type="1" class="ps-section" data-id="SyQul-Zt-bIa" data-time="1702070521194">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupons may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="rJNdgb-KWbLT" data-time="1702070521194">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="ByS_l-bY--IT" data-time="1702070521194">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rk8OeWbt-bLp" data-time="1702070521194">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="rkPdxWZtbZL6" data-time="1702070521194">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="HJuOxb-tZ-8a" data-time="1702070521194">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="B1FdgWWFbbLT" data-time="1702070521194">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="Sk5ueZ-tbW8p" data-time="1702070521194">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="ryjOeZbFZZ8T" data-time="1702070521194">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="Sy3_xb-YZZUa" data-time="1702070521194">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="rkTOlb-KW-LT" data-time="1702070521194">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="ryRdxZbKWZUT" data-time="1702070521194">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="HJJtxbWtb-86" data-time="1702070521194">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="BkxtlZWFWZ8a" data-time="1702070521194">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="BkbYxWWY-WU6" data-time="1702070521194">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="SJMFgbZFW-Lp" data-time="1702070521194">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="BkQtxW-KZ-Ip" data-time="1702070521194">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="SyNYeZZtZZIT" data-time="1702070521194">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="BJBFgbWF-bIa" data-time="1702070521194">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="HJ8Kg-bFbZI6" data-time="1702070521194">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="r1PKlWWKb-Ia" data-time="1702070521194">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="HJdYlZZKWZ8T" data-time="1702070521194">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="ByKYx--FWZUa" data-time="1702070521194">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="HkqKe-WKbZIp" data-time="1702070521194"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="https://www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="r1sFg--KZW8p" data-time="1702070521194"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="HyhYlZbtbbL6" data-time="1702070521194">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="r1TteWZY-ZUp" data-time="1702070521194">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="r1RFg--KW-L6" data-time="1702070521194">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="rJk5g-ZYbZLT" data-time="1702070521194">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="rygqe-ZK-bIa" data-time="1702070521194">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="S1-ql-ZYbZUa" data-time="1702070521194">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="HkMqe-WYbbIp" data-time="1702070521194">Email: legal@angi.com</div><div data-section-type="1" class="ps-section" data-id="rk75g-WFb-U6" data-time="1702070521194">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="H1WOoyfyA" data-time="1711565673391">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> </div><div data-section-type="1" class="ps-section" data-id="SklZOi1GyR" data-time="1711565673391">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="rJMbuokfJ0" data-time="1711565673391"><strong style="background-color:initial;font-size:14px">12. <u>The App / Mobile Devices</u></strong><br /></div><div data-section-type="1" class="ps-section" data-id="By89xWZF-WU6" data-time="1702070521194">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="BJP5gWbK-bLa" data-time="1702070521194">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="ryd9l-btWZLa" data-time="1702070521194">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="H1Y9gZ-F-ZI6" data-time="1702070521194">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="By99lb-tbW8p" data-time="1702070521194">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Bkjcl-btbZIT" data-time="1702070521194">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="By2cl-WFZZUa" data-time="1702070521194">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rypqlbbKbZUp" data-time="1702070521194">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rJR5gWZYW-UT" data-time="1702070521194">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="H11oe-bK-WU6" data-time="1702070521194">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="HyxogWWYWZL6" data-time="1702070521194">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="rkZjx-bFZ-86" data-time="1702070521194">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="BJMogbWtW-UT" data-time="1702070521194"><strong>13. <u>Handy Spot Rewards.</u></strong> Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.</div><div data-section-type="1" class="ps-section" data-id="S1XoeZZtW-8T" data-time="1702070521194">Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Handy merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Handy's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.</div><div data-section-type="1" class="ps-section" data-id="HJEix-bKbZUp" data-time="1702070521194">Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Handy Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="H1SixW-tbZUp" data-time="1702070521194">You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Handy is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Handy reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Handy reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="ByIjg--KZWL6" data-time="1702070521194"><strong>14. <u>Lockbox and Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJPil--t--Ua" data-time="1702070521194"><strong><u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="SJdjlWZKWbLT" data-time="1702070521194">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="r1Fix--KWbLT" data-time="1702070521194">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="S1csgZWY-bLp" data-time="1702070521194">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="BJjseWZtWW8T" data-time="1702070521194">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Hk2ixb-tZb8p" data-time="1702070521194"><strong><u>Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1pixb-K-WUp" data-time="1702070521194">Handy utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Handy Vault, User agrees (i) to provide Handy with a copy of his or her key(s), (ii) allow Handy to store User's key(s) in a KeyCafe kiosk, (iii) to allow Handy to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Handy Vault, and (v) that Handy employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Handy is not responsible for the loss of User's key(s) during the use of Handy Vault. Upon request through Handy's Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> Handy will mail User's key(s) back within 14 days.</div><div data-section-type="1" class="ps-section" data-id="Hy0oe-ZtbWIa" data-time="1702070521194"><strong>15. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Byy2lWZKZZLT" data-time="1702070521194"><strong>16. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="S1l2eZ-tbW86" data-time="1702070521194"><strong>17. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Syb2lb-FZbUT" data-time="1702070521194">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="H1G2xb-KZWLT" data-time="1702070521194">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY HAPPINESS GUARANTEE. HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="r1mheZ-FWb86" data-time="1702070521194">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. THE HANDY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HANDY IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."</div><div data-section-type="1" class="ps-section" data-id="SyN2xZZtWW8p" data-time="1702070521194">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED, REQUESTED OR OBTAINED THROUGH THE USE OF THE HANDY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER OR MANUFACTURER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="ByBhgbZY-ZUT" data-time="1702070521194">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="SJU3lZ-FWbI6" data-time="1702070521194">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="rkvhlWbKb-U6" data-time="1702070521194">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="rku2xZWtbbUa" data-time="1702070521194">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="HJY3e--KZbIa" data-time="1702070521194"><strong>18.<u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="HJ5hxW-Kb-86" data-time="1702070521194"><strong>19.<u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1oYo1fJA" data-time="1711565698673">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="Bk2hl-btZWU6" data-time="1702070521194">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="B1phgb-KZb86" data-time="1702070521194">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="BkRneZWtbWU6" data-time="1702070521194">d.<u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="rJ1ae-bFWb8a" data-time="1702070521194">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="Hye6g-bY--Ia" data-time="1702070521194">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="ry-albZYWZ86" data-time="1702070521194">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="SJfpeW-KW-IT" data-time="1702070521194"><strong>20.<u>Governing Law; Jurisdiction.</u></strong> Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.</div><div data-section-type="1" class="ps-section" data-id="rJXaebZtZb8T" data-time="1702070521194"><strong>21.<u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="BJZajkGk0" data-time="1711565753171"><strong>22.<u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</span></div><div data-section-type="1" class="ps-section" data-id="ByS6eb-FWbL6" data-time="1702070521194"><strong>23.<u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="rkUTg-ZY--La" data-time="1702070521194"><strong>24.<u>Severability</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="HkvpgWWt-Z86" data-time="1702070521194"><strong>25.<u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@angi.com</a> or by mail the below address:</div><div data-section-type="1" class="ps-section" data-id="S1T5syzyA" data-time="1711565716605">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> </div><div data-section-type="1" class="ps-section" data-id="r1l6cokfJ0" data-time="1711565716605">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="B1qae-ZKZZU6" data-time="1702070521194">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="B1j6eW-tZ-8T" data-time="1702070521194">Last updated: <strong cursorposition="6">July 8, 2024</strong></div> </div> </div> </div> </div> <div id="contract-id-459888-version-668c6f5d72d9c2c26e94d4a4" data-vid="668c6f5d72d9c2c26e94d4a4" class="version-container js-version-container-459888 " style="display: none;"> <div id="version-languages-668c6f5d72d9c2c26e94d4a4" class="version-translation-container"> <div id="version-668c6f5d72d9c2c26e94d4a4-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="US Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective July 8th 2024  <span class="light">to</span>  July 8th 2024</h5> <a id="download-version-668c6f5d72d9c2c26e94d4a4-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/668c6f5d72d9c2c26e94d4a4.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-668c6f5d72d9c2c26e94d4a4"> <div data-section-type="1" class="ps-section" data-id="rJbWt-ZIp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="HklWZFWWLp" data-time="1702070521194"> <center><i cursorposition="28">Last updated on July 8, 2024</i></center></div><div data-section-type="1" class="ps-section" data-id="SJbb-KWZLp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="BJzZWKWW8T" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="SkXWWYWWUa" data-time="1702070521194"> <center> TABLE OF CONTENTS</center></div><div data-section-type="1" class="ps-section" data-id="BJ4-btbWUa" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="ryH-ZYZ-8a" data-time="1702070521194"><strong><i>For residents of the State of California</i>, please click <a href="#us_california">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="S1IWbYbZLp" data-time="1702070521194"><strong><i>For residents of all other States</i>, please click <a href="#us_non_california">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="HyPZZFZZ8p" data-time="1702070521194"><br /> <center> Terms of Use / User Agreement for California Residents</center></div><div data-section-type="1" class="ps-section" data-id="SkObWYWWLp" data-time="1702070521194">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="rktWWY--U6" data-time="1702070521194"> <center><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</strong></center></div><div data-section-type="1" class="ps-section" data-id="BJ9ZbFbZIp" data-time="1702070521194">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handy Technologies, Inc. d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="rJsWbKbZ8T" data-time="1702070521194">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HJ2-Zt-ZLp" data-time="1702070521194">By using the Handy Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJp-WYbb8p" data-time="1702070521194">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="BJRbWFWbUa" data-time="1702070521194"> <li class="ps-section" data-id="SyyeZbtZWIa" data-time="1702070521194">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).</li> <li class="ps-section" data-id="B1egbWtbWIT" data-time="1702070521194">Your agreement that no claims can be adjudicated on a class basis (Section 19).</li> <li class="ps-section" data-id="B1-gZWt--Up" data-time="1702070521194">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Handy Platform (Section 3(f)).</li> <li class="ps-section" data-id="SkGebbYWW8T" data-time="1702070521194">Your acknowledgment of and agreement to Handy's dormant account service fees (Section 3(i)).</li> <li class="ps-section" data-id="BkXgbZtbWUp" data-time="1702070521194">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="B1Vgb-KWWUT" data-time="1702070521194">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="HJBl-Zt-b8p" data-time="1702070521194">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).</li> <li class="ps-section" data-id="BJ8x-WYZWLp" data-time="1702070521194">Handy's sole liability with respect to disputes is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="HyPlWbt--Lp" data-time="1702070521194">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li> <li class="ps-section" data-id="ry_gZWFWWIa" data-time="1702070521194">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 18).</li> <li class="ps-section" data-id="B1YeZ-YZZ8T" data-time="1702070521194">Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><div id="screening" data-section-type="1" class="ps-section" data-id="rk5x-ZtWW8a" data-time="1702070521194"><strong>1. <u>Handy Platform; Screening.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1ieZZtZZIa" data-time="1702070521194">a. <u>The Handy Platform.</u> The Handy Platform is a technology platform that makes available certain home services to individuals seeking to obtain home services (“Requesters”) that Handy fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Professionals”). Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong> or <strong>"Jobs"</strong>: Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. As described further in Section 4(e) below, no contractual relationship is created during a negotiation period associated with each Professional Service before a Professional is committed to the Professional Service. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>"Merchandise"</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Merchandise. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="ry2lZbYWZ8T" data-time="1702070521194">b. <u>Screening and Licensing.</u> FOR PROFESSIONALS THAT REGISTER TO USE THE HANDY PLATFORM IN THEIR INDIVIDUAL CAPACITY, HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY, AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE HANDY PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="rkplb-FbWIp" data-time="1702070521194"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryRxbbYW-8p" data-time="1702070521194">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="B11bbbF-ZLp" data-time="1702070521194">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="B1gWWZtWW86" data-time="1702070521194">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="rkZb-bY-b86" data-time="1702070521194">d. <u>Text Messages and Phone Calls.</u></div><div data-section-type="1" class="ps-section" data-id="rkzZWbFZWL6" data-time="1702070521194">(i) General: By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Handy Platform and requesting Professional Services, you are entering into a business relationship with Handy and/or Professionals and thus agree to be contacted by Handy and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="rJ7bZ-tbWLp" data-time="1702070521194">(ii) Recording: You acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes.</div><div id="messaging" data-section-type="1" class="ps-section" data-id="B14Z-WtWWLT" data-time="1702070521194">(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Handy, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Handy reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Handy also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Handy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Handy and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Handy through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Handy and the Service Professionals, your use of Handy Services may be impacted. Handy and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Handy's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.</div><div data-section-type="1" class="ps-section" data-id="BkSZbbYZ-Lp" data-time="1702070521194">(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="rJUZb-KWWLa" data-time="1702070521194">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="H1PWWWtbW8p" data-time="1702070521194"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims; Dormant Account Service Charge.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1_Z--KW-Ia" data-time="1702070521194">a. Payments. Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform <strong>("Payments")</strong>. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="H1K-ZbKb-IT" data-time="1702070521194">b. <u>Price.</u> The base price for a Professional Service paid to Handy (<strong>"Price"</strong>) depends on factors, such as location and, if part of a Recurrent Service, how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein. Additionally, you may reach agreement with the Professional for additional payment above the base Price listed for a Professional Service. Requesters and Professionals are free to negotiate any terms of their agreement, and there will be no penalty to the Professional for declining a Professional Service during an initial Negotiation Period as specified below in Section 4(e). If you and your Professional agree to new job details, you can let Handy know by contacting our support team. We’ll process whatever changes you need in accordance with your agreement with the pro. You can also coordinate booking detail or pay changes directly with the Professional.</div><div data-section-type="1" class="ps-section" data-id="BkcWWbtZ-8T" data-time="1702070521194">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="SksZ-bFWW86" data-time="1702070521194">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="Hy3WbZY-ZUT" data-time="1702070521194">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="BypbWZYbZ86" data-time="1702070521194">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="BkCWZ-tWbLT" data-time="1702070521194">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="H11GbWK-ZUp" data-time="1702070521194">i. The Handy Happiness Guarantee provides certain limited additional protections provided by Handy for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) have the specific Professional Service reperformed or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional's completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="S1gGWWKbZ8a" data-time="1702070521194">ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="Hy-MWZt-W8a" data-time="1702070521194">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HyGMZ-YWWIa" data-time="1702070521194"> <li class="ps-section" data-id="Hy7GbbYWZLa" data-time="1702070521194">The Professional Service is paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="rJ4f--tbZLp" data-time="1702070521194">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="S1rzZWY--Ip" data-time="1702070521194">The Requester has reported the claim within 72 hours of the Professional's completion of the Professional Service;</li> <li class="ps-section" data-id="r1LG--tbWIp" data-time="1702070521194">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="r1wzZ-FZZUT" data-time="1702070521194">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="rydGWWtZW8p" data-time="1702070521194">The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="BkFfb-FWW8T" data-time="1702070521194">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="ByqzWZFZb8a" data-time="1702070521194"> <li class="ps-section" data-id="Skoz--FWZ8T" data-time="1702070521194">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="BknMZWFbZI6" data-time="1702070521194">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SJpG-bKbZUp" data-time="1702070521194">Merchandise;</li> <li class="ps-section" data-id="ByCfbWt-W8T" data-time="1702070521194">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="By17--F--Lp" data-time="1702070521194">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="Syl7-ZF-WUa" data-time="1702070521194">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="HJb7-WtbZUT" data-time="1702070521194">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="H1M7bbtZW8a" data-time="1702070521194">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="BkXmZWtWZUp" data-time="1702070521194">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="ryN7W-K-b8T" data-time="1702070521194">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="ryHmZZFZbLp" data-time="1702070521194">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="rJImbbYZWUa" data-time="1702070521194">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="HJPQW-tZZ8a" data-time="1702070521194">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="B1d7bbKZW8T" data-time="1702070521194">losses of cash, third party gift cards, and securities;</li> <li class="ps-section" data-id="HytQZbYWWLT" data-time="1702070521194">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="HycmbZtb-86" data-time="1702070521194">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="SJoXZZtWbIp" data-time="1702070521194">losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="HkhmWZtZZLT" data-time="1702070521194">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="HyTXZbFbZ8T" data-time="1702070521194">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="rJR7Z-tbbUa" data-time="1702070521194">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="r114WZFbZIT" data-time="1702070521194">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="rJlVZ-FbW8a" data-time="1702070521194">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="S1WEbWKbWIa" data-time="1702070521194">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="HJG4W-Yb-Up" data-time="1702070521194">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="S17NWbKb-Up" data-time="1702070521194">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="SJVE-ZF--Ia" data-time="1702070521194">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="HJH4bWt-ZUa" data-time="1702070521194">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and</li> <li class="ps-section" data-id="S1IVZbFWbLT" data-time="1702070521194">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="r1v4bWtZZLT" data-time="1702070521194">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="B1d4-bFbWI6" data-time="1702070521194">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="rkYEW-tZ-La" data-time="1702070521194">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="Sy5VbWK-WUp" data-time="1702070521194">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="SJjE-bKbW8a" data-time="1702070521194">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="Hkh91lcD0" data-time="1720479635766"><span style="background-color:initial">Please note that you have a duty to mitigate any damage to your property (e.g. turning water off, securing personal effects, etc.). Failure to mitigate your damages may lead to your inability to seek reimbursement from your insurance carrier or any at-fault party. Please ensure that you document all mitigation efforts.</span></div><div data-section-type="1" class="ps-section" data-id="HJMh5yecwR" data-time="1720479635766"></div><div data-section-type="1" class="ps-section" data-id="rynVZZFbWIT" data-time="1702070521194">e. <u>Handy Merchandise Refund Policy.</u></div><div data-section-type="1" class="ps-section" data-id="rJ6EbZt-W8T" data-time="1702070521194">i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Handy shall not refund the cost of the Professional Services. Handy shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.</div><div data-section-type="1" class="ps-section" data-id="rkCEWZFWbLp" data-time="1702070521194">ii. If any Merchandise is broken only in the course of performing the Professional Services, Handy will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Handy shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).</div><div data-section-type="1" class="ps-section" data-id="B1yrWZY-bIT" data-time="1702070521194">f. <u>Handy Trust and Support Fee</u> Handy may assess an additional <strong>"Trust and Support Fee"</strong> to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="HyeBWbF-ZLp" data-time="1702070521194">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="SJ-rZbtZWI6" data-time="1702070521194">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="BkfrZZt-W8p" data-time="1702070521194">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="rk7SWZKbZIT" data-time="1702070521194">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="rJVBb-YW-86" data-time="1702070521194">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="rJSr-ZKZbUa" data-time="1702070521194">h. <u>Dormant Account Service Charge.</u> An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Handy Help Center at www.handy.com/help.</div><div data-section-type="1" class="ps-section" data-id="HkIHW-F-ZIT" data-time="1702070521194"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1DBbbt-ZI6" data-time="1702070521194">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="BJdBZ-YZbLa" data-time="1702070521194">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="ryKrZ-KZb8p" data-time="1702070521194">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="ry9rZ-FWW8a" data-time="1702070521194">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="rkjB-bKZZ8T" data-time="1702070521194">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="Hk3SbZYW-86" data-time="1702070521194">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="H1TH-bF-WLT" data-time="1702070521194">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="S1RSWWt-ZIp" data-time="1702070521194">(iv) <em>Expiration of Minimum Commitment; AUTOMATIC RENEWAL:</em> Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Handy Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.</div><div data-section-type="1" class="ps-section" data-id="BJJUZZK-bUT" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD</em>: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</div><div data-section-type="1" class="ps-section" data-id="HkIhikfkR" data-time="1711565742174">e. <u>Negotiation Period; Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Requester agrees and understands that, after requesting a Professional Service (Job) through the Platform, and upon a Professional claiming such Job, Requester and Professional will have a negotiation period in which to discuss any aspect of the Job (the Negotiation Period). During the Negotiation Period, either Professional or Requester can contact Handy and decline or withdraw the request for the Job without penalty. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Job is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Professional and a contractual relationship will be created between Professional and Requester. Professional and Requester may negotiate the terms of their contract, including the Timeframe, Estimated Work Time and Additional Payments, to be different than the base terms first set through the Platform. Unless otherwise agreed between Requester the Professional and communicated to Handy, Requester agrees that the consequence of Professional canceling a Job before or after the expiration of the Negotiation Period shall be as set out in Section 4(h) of this User Agreement. As to Requester, Handy's cancellation policy (found at <a href="https://www.handy.com/help">www.handy.com/help</a>) for specific Professional Services is as follows: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal,<span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="HybLb-FZWLp" data-time="1702070521194">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="SkGLWbY--La" data-time="1702070521194">(i) <em>Select Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership ("Handy Select").</div><div data-section-type="1" class="ps-section" data-id="HyQ8ZZKWZIp" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="H1N8b-K-WIp" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="HkSIWZFZ-Up" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="B1IUZWF-WUa" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</div><div data-section-type="1" class="ps-section" data-id="Byw8-ZtWbUa" data-time="1702070521194">(vi) <em>Handy Select Refunds</em>: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="SJdIW-K-WUa" data-time="1702070521194">(vii) <em>Handy Select Membership Plans/Promotional Trial Memberships</em>: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="Byt8ZbtbbL6" data-time="1702070521194">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="rk98bWtbbU6" data-time="1702070521194">(i) <em>Savings Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="S1jIbWKbbL6" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="BkhU-bK-ZUp" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="Bk6UZWt-ZUa" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="Sy3O5kzk0" data-time="1711565427651">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</span></div><div data-section-type="1" class="ps-section" data-id="By1wWbFbb8a" data-time="1702070521194">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="HkeDb-KWbI6" data-time="1702070521194">i. <u>Right to Withdraw Referrals.</u> Requester agrees and acknowledges that, if Handy determines there is a risk that a Professional will not appear at a Job requested by Requester, Handy retains the right to withdraw its referral to that Professional and may refer the Job to another Professional. If Requester directly arranges with the Professional to complete the Job for which the referral was withdrawn, Requester will promptly notify Handy of this fact.</div><div data-section-type="1" class="ps-section" data-id="rkZDb-tb-8a" data-time="1702070521194"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="BJGDWZF-WIp" data-time="1702070521194"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="rJ7P-bFbbLT" data-time="1702070521194"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="S1EvZWtWWIa" data-time="1702070521194">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="HJSPbWY-W8T" data-time="1702070521194">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="Hk8DZbKbbLp" data-time="1702070521194">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="HkPwWbYZ-86" data-time="1702070521194">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="HJ_D-bYbb8T" data-time="1702070521194">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="SyYw-WK--L6" data-time="1702070521194">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="HJ9DbWKb-8T" data-time="1702070521194">g. Intentionally Omitted.</div><div data-section-type="1" class="ps-section" data-id="SJjw-ZFbb86" data-time="1702070521194">h. Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="Sk2Db-Y-ZLp" data-time="1702070521194">i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="BJTPWbF-ZUT" data-time="1702070521194">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="SyADWbYb-UT" data-time="1702070521194">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="HkJuWZKbWIT" data-time="1702070521194">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="Syl_WZtWWIT" data-time="1702070521194">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="r1WuWbF-WU6" data-time="1702070521194">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="r1G_-WYbZIa" data-time="1702070521194">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="B1XuWbKZWLa" data-time="1702070521194">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="rk4_--YbbUp" data-time="1702070521194">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="SyruZ-K--8T" data-time="1702070521194">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="By8OZbt-bIp" data-time="1702070521194">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="BkP_WZK--IT" data-time="1702070521194">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="Hkdd-ZY--Up" data-time="1702070521194">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="rkFubWYWbLp" data-time="1702070521194">v. Alter transmission data without Handy's consent</div><div data-section-type="1" class="ps-section" data-id="HkcdW-tZ-La" data-time="1702070521194">w. Purchase Merchandise for the purposes of reselling it.</div><div data-section-type="1" class="ps-section" data-id="Byo_ZZKbZL6" data-time="1702070521194"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to obtain certain home services to by completed by independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="SyhOWZYZb8a" data-time="1702070521194"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJadbWFZWIT" data-time="1702070521194">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="Hy0_WWYZ-LT" data-time="1702070521194">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="SJkYbbK--I6" data-time="1702070521194">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons</div><div data-section-type="1" class="ps-section" data-id="H1gF-bYZZ8a" data-time="1702070521194">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupons may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="B1WYZbYWZIT" data-time="1702070521194">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="ByfFWWK-W8T" data-time="1702070521194">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rJXY-bK-bIp" data-time="1702070521194">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="HyEYbWKWbL6" data-time="1702070521194">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="BySFWWYbW8p" data-time="1702070521194">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="HJLtWbFb-L6" data-time="1702070521194">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="r1vtZZtZ-Ip" data-time="1702070521194">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="SydFWWYWWIT" data-time="1702070521194">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="SJttb-K-ZUT" data-time="1702070521194">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="By9F-btbWIT" data-time="1702070521194">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="SksYb-K--LT" data-time="1702070521194">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="rk3t--KZZ86" data-time="1702070521194">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="S1TKWWYWZLa" data-time="1702070521194">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="B10YbZKW-U6" data-time="1702070521194">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="r11qZWFWZUp" data-time="1702070521194">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="ryg9-btZZ8p" data-time="1702070521194">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="HyZcZbYWZ8T" data-time="1702070521194">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="HJzcbWKWZUa" data-time="1702070521194">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="BJm9WbFW-L6" data-time="1702070521194">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="SkEcbZKW-8T" data-time="1702070521194">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="SJS9-WKb-Lp" data-time="1702070521194">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="Hk8qbWK--L6" data-time="1702070521194">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="BJPq--F-WUp" data-time="1702070521194"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="https://www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="r1_9Z-KZZUp" data-time="1702070521194"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="SyK5WZK-WUp" data-time="1702070521194">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="SkccZWFWb8p" data-time="1702070521194">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="SkjcWZKW-Ip" data-time="1702070521194">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="rJ3qZZKWZ86" data-time="1702070521194">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="rJpqWWY-WLa" data-time="1702070521194">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="ByRqZWY-W8T" data-time="1702070521194">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="BJyjb-tbb86" data-time="1702070521194">Email: legal@angi.com</div><div data-section-type="1" class="ps-section" data-id="SJxob-FZbUT" data-time="1702070521194">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="rkcc9kGy0" data-time="1711565457764">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> </div><div data-section-type="1" class="ps-section" data-id="S1l5q91fJC" data-time="1711565457764">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="BkXq991MJ0" data-time="1711565457765"><br /></div><div data-section-type="1" class="ps-section" data-id="rJGib-tZb86" data-time="1702070521194"><strong>12. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk7oZZtbZUp" data-time="1702070521194">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="HyVjWbKWbUT" data-time="1702070521194">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="B1SjZWK--Ip" data-time="1702070521194">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="H1IoZWtbbLa" data-time="1702070521194">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="rJvibbKbZIT" data-time="1702070521194">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1usWbYWbIT" data-time="1702070521194">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="ryKoZZtW-8p" data-time="1702070521194">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="HJ5ib-Fbb8T" data-time="1702070521194">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SkiiW-Yb-Ua" data-time="1702070521194">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="r1noZZYW-U6" data-time="1702070521194">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="HkToZ-FbWL6" data-time="1702070521194">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="BkCiZWtWZL6" data-time="1702070521194">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="B113bbt--Ip" data-time="1702070521194"><strong>13. <u>Handy Spot Rewards.</u></strong> Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.</div><div data-section-type="1" class="ps-section" data-id="SkghbWtWWLT" data-time="1702070521194">Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Handy merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Handy's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.</div><div data-section-type="1" class="ps-section" data-id="BJb2WWKZbUa" data-time="1702070521194">Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Handy Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="HkG2Z-KWZIa" data-time="1702070521194">You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Handy is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Handy reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Handy reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="ByX3ZWF-WUa" data-time="1702070521194"><strong>14. <u>Lockbox and Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1V2bZt--LT" data-time="1702070521194"><strong><u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="HyBnbWYZbL6" data-time="1702070521194">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="rJLhWZtbbU6" data-time="1702070521194">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="r1v2Z-tb-L6" data-time="1702070521194">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="BJ_hZWYWZIp" data-time="1702070521194">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rJY2bWK--8a" data-time="1702070521194"><strong><u>Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryq3bWYWWU6" data-time="1702070521194">Handy utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Handy Vault, User agrees (i) to provide Handy with a copy of his or her key(s), (ii) allow Handy to store User's key(s) in a KeyCafe kiosk, (iii) to allow Handy to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Handy Vault, and (v) that Handy employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Handy is not responsible for the loss of User's key(s) during the use of Handy Vault. Upon request through Handy's Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> Handy will mail User's key(s) back within 14 days.</div><div data-section-type="1" class="ps-section" data-id="rys3ZbYWbIa" data-time="1702070521194"><strong>15. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BJ23b-tWbUT" data-time="1702070521194"><strong>16. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="HJp3Z-tb-I6" data-time="1702070521194"><strong>17. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJA2bbY-WUp" data-time="1702070521194">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="rk1TZZt-bUa" data-time="1702070521194">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE. HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="r1gp-Zt-ZUa" data-time="1702070521194">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."</div><div data-section-type="1" class="ps-section" data-id="HJ-TbbKbZUp" data-time="1702070521194">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="SkGaWWFbWIa" data-time="1702070521194">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="ByQ6ZbtZbUp" data-time="1702070521194">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="ry4pZWtW-8T" data-time="1702070521194">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="BkB6-bKZ-Up" data-time="1702070521194">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="B1Up-ZF-ZIa" data-time="1702070521194"><strong>18.<u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="H1w6-WFWWUa" data-time="1702070521194"><strong>19.<u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S15nqyzyC" data-time="1711565490393">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="BkFTWZt-ZL6" data-time="1702070521194">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="H19pW-YZW8T" data-time="1702070521194">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="Sys6bZKbW8T" data-time="1702070521194">d.<u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="BJh6bbYWZLp" data-time="1702070521194">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="rJTpWZY--L6" data-time="1702070521194">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="B1ApW-YbbLT" data-time="1702070521194">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="B1J0--tZ-Ip" data-time="1702070521194"><strong>20.<u>Governing Law; Jurisdiction.</u></strong> Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.</div><div data-section-type="1" class="ps-section" data-id="rygCbbKZWUp" data-time="1702070521194"><strong>21.<u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="rJERcJfkR" data-time="1711565516312"><strong>22.<u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</span></div><div data-section-type="1" class="ps-section" data-id="Hkf0ZZY-b86" data-time="1702070521194"><strong>23.<u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="Sy70ZbY--IT" data-time="1702070521194"><strong>24.<u>Severability</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="SyVAZbYbWIp" data-time="1702070521194"><strong>25.<u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@angi.com</a> or by mail the below address:</div><div data-section-type="1" class="ps-section" data-id="ByZkj1fJC" data-time="1711565528728">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> </div><div data-section-type="1" class="ps-section" data-id="HJxWyiyM1C" data-time="1711565528728">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="ByPRZZYWW86" data-time="1702070521194">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="HJORZ-FbZIa" data-time="1702070521194">Last updated: <strong>March 27, 2024</strong></div><div data-section-type="1" class="ps-section" data-id="HJKRWZKZWIa" data-time="1702070521194"><br /> <center> Terms of Use / User Agreement (Non-California)</center></div><div data-section-type="1" class="ps-section" data-id="SJ9RWZF-WUp" data-time="1702070521194">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="HyiCWWK-WUT" data-time="1702070521194"> <center><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</strong></center></div><div data-section-type="1" class="ps-section" data-id="S1hRWbFbZLp" data-time="1702070521194">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handy Technologies, Inc. d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="Bk6AZ-tW-LT" data-time="1702070521194">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ryCCbZYZbIT" data-time="1702070521194">By using the Handy Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ryy1e-btWZUT" data-time="1702070521194">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r1gJe-ZKWWUp" data-time="1702070521194"> <li class="ps-section" data-id="ry-kgW-Yb-Ia" data-time="1702070521194">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).</li> <li class="ps-section" data-id="ByMyeZWFZbI6" data-time="1702070521194">Your agreement that no claims can be adjudicated on a class basis (Section 19).</li> <li class="ps-section" data-id="Sym1xb-tZWLa" data-time="1702070521194">Your agreement that the Handy Platform is provided “as-is” and without warranty (Section 17).</li> <li class="ps-section" data-id="HJ41xZZt-bIT" data-time="1702070521194">Your agreement that the Handy Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 17), with the exception of Handy's Happiness Guarantee (Section 3(d)).</li> <li class="ps-section" data-id="BkSyxWbtZ-LT" data-time="1702070521194">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Handy Platform (Section 3(f)).</li> <li class="ps-section" data-id="H1I1gZZF--U6" data-time="1702070521194">Your acknowledgment of and agreement to Handy's dormant account service fees (Section 3(i)).</li> <li class="ps-section" data-id="rywJxZZFZWUT" data-time="1702070521194">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="BkOyx-WK-bLp" data-time="1702070521194">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="BkFJgZZt-W8T" data-time="1702070521194">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).</li> <li class="ps-section" data-id="HJ51x-ZK--86" data-time="1702070521194">Handy's sole liability with respect to disputes between users is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="Syjyeb-YbbIp" data-time="1702070521194">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li> <li class="ps-section" data-id="H1h1g-WKZWU6" data-time="1702070521194">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 18).</li> <li class="ps-section" data-id="HJT1xZZYZbL6" data-time="1702070521194">Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><div id="screening" data-section-type="1" class="ps-section" data-id="SJAJeWWYbbL6" data-time="1702070521194"><strong>1. <u>The Handy Platform is Solely a Venue for Communications; Screening.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1kxebZKWWUa" data-time="1702070521194">a. <u>The Handy Platform is Solely a Venue for Communications.</u> The Handy Platform is a communications platform enabling the connection between individuals seeking to obtain home services (“Requesters”) and independent, third-party individuals or entities seeking to provide the services requested (“Professionals”). Requesters and Professionals together are referred to as "Users". HANDY IS A PLATFORM THAT CONNECTS PROFESSIONALS AND REQUESTERS, AND IS NOT A PROVIDER OF HOME SERVICES. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong>: Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>"Merchandise"</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Handy Platform. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="Sygge--tZWIa" data-time="1702070521194">b. <u>Screening and Licensing.</u> FOR PROFESSIONALS THAT REGISTER TO USE THE HANDY PLATFORM IN THEIR INDIVIDUAL CAPACITY, HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY, AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE HANDY PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="Hk-xxb-KZWU6" data-time="1702070521194"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BkMxeZZK-Z8a" data-time="1702070521194">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="rymxxZbtbZUa" data-time="1702070521194">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="rk4ggWZtbWL6" data-time="1702070521194">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="HJSeg-WtWZUa" data-time="1702070521194">d. <u>Text Messages and Phone Calls.</u></div><div data-section-type="1" class="ps-section" data-id="BkIxxZ-t-W86" data-time="1702070521194">(i) General: By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Handy Platform and requesting Professional Services, you are entering into a business relationship with Handy and/or Professionals and thus agree to be contacted by Handy and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="B1vxx-Wtb-8a" data-time="1702070521194">(ii) Recording: You acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes.</div><div id="messaging" data-section-type="1" class="ps-section" data-id="rkuexWWtWZ86" data-time="1702070521194">(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Handy, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Handy reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Handy also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Handy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Handy and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Handy through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Handy and the Service Professionals, your use of Handy Services may be impacted. Handy and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Handy's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.</div><div data-section-type="1" class="ps-section" data-id="rkFxxZWY-b86" data-time="1702070521194">(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="rJ9gxWbKWWLT" data-time="1702070521194">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="SJsllZ-Y-ZLa" data-time="1702070521194"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims; Dormant Account Service Charge.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hy2leb-tWZ86" data-time="1702070521194">a. Payments. Users of the Handy Platform contract for Professional Services directly with other Users. Handy is not a party to any contracts for Professional Services. The Handy Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule certain Professional Services, and make payments for certain Professional Services ("Payments"). Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying Handy. Requesters must notify Handy either by changing the date or hours of the requested Professional Service through the Handy Platform or by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="Bk6ge-WtbZ8p" data-time="1702070521194">b. <u>Price.</u> The price for a Professional Service (<strong>"Price"</strong>) depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.</div><div data-section-type="1" class="ps-section" data-id="r10eebbYbZUa" data-time="1702070521194">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="SJJ-gZbY-Z8p" data-time="1702070521194">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="Sye-x--YW-U6" data-time="1702070521194">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="HkOGjkGJC" data-time="1711565583909">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</span></div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="HyMbeZ-FWZLp" data-time="1702070521194">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="S1mZxbbtb-86" data-time="1702070521194">i. The Handy Happiness Guarantee provides certain limited additional protections for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) seek to arrange for the same or a different Professional to redo or fix the work, as appropriate; or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional's completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="rJVZlbWKbZU6" data-time="1702070521194">ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="ryBZgWbKZ-8p" data-time="1702070521194">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="ryLZgZ-YW-U6" data-time="1702070521194"> <li class="ps-section" data-id="ryPZeWbKbZLT" data-time="1702070521194">The Professional Service is agreed to between a Requester and a Professional using the Handy Platform, performed by the Professional hired by the Requester, and paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="r1_WeZZFbZL6" data-time="1702070521194">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="B1KWxW-KbWU6" data-time="1702070521194">The Requester has reported the claim within 72 hours of the Professional's completion of the Professional Service;</li> <li class="ps-section" data-id="S15-e-ZY--IT" data-time="1702070521194">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="ryiWeb-YbbIp" data-time="1702070521194">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="HJ2-lZWFZ-Up" data-time="1702070521194">The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="B1p-xW-t-bIp" data-time="1702070521194">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HkAbg-WFbW8p" data-time="1702070521194"> <li class="ps-section" data-id="HkJflZWK-bUa" data-time="1702070521194">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="B1xGlbZFZWU6" data-time="1702070521194">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SkWMe-WFWbIT" data-time="1702070521194">Merchandise;</li> <li class="ps-section" data-id="SJGMlWWYbbLa" data-time="1702070521194">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="rkXMeZ-YZbUa" data-time="1702070521194">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="SJ4fxbbY--L6" data-time="1702070521194">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="rJrfeWZtWb8T" data-time="1702070521194">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="rk8fe-ZFW-LT" data-time="1702070521194">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="B1PMeW-FWWI6" data-time="1702070521194">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="r1uzxW-FbbU6" data-time="1702070521194">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="SkFGgZWKZbIT" data-time="1702070521194">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="BycGe--YWWUT" data-time="1702070521194">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="ryiGebZYZbLT" data-time="1702070521194">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="BknGe-ZFZ-La" data-time="1702070521194">losses of cash, third party gift cards, and securities;</li> <li class="ps-section" data-id="SkaMgbZtWb8a" data-time="1702070521194">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="SkRMlWbt-ZL6" data-time="1702070521194">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="HkJml-WY-WU6" data-time="1702070521194">losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="HkeQlb-KZZ8T" data-time="1702070521194">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="ry-7e-WFb-UT" data-time="1702070521194">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="SJGXxbZtbZ8p" data-time="1702070521194">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="BJQmlZbtbZLT" data-time="1702070521194">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="rkVQeZZYb-La" data-time="1702070521194">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="rkHmeZbKb-Ip" data-time="1702070521194">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="BJUXx-bK-WIT" data-time="1702070521194">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="rkwQlWZYbZLT" data-time="1702070521194">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="Hy_XgWbYW-86" data-time="1702070521194">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="S1KQgZZYZZ8T" data-time="1702070521194">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and</li> <li class="ps-section" data-id="BJ57eZbtbWIp" data-time="1702070521194">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="B1iXlZZYbZUT" data-time="1702070521194">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="ryhXgZWKbZU6" data-time="1702070521194">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="S16XgW-t-W8T" data-time="1702070521194">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="SJCXgZ-K-bU6" data-time="1702070521194">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="rJ14e-WKbWLT" data-time="1702070521194">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="SyxEeWbFZ-Lp" data-time="1702070521194">e. <u>Handy Merchandise Refund Policy.</u></div><div data-section-type="1" class="ps-section" data-id="BJ-Nl-bY--I6" data-time="1702070521194">i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Handy shall not refund the cost of the Professional Services. Handy shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.</div><div data-section-type="1" class="ps-section" data-id="ByM4xbWKb-UT" data-time="1702070521194">ii. If any Merchandise is broken only in the course of performing the Professional Services, Handy will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Handy shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).</div><div data-section-type="1" class="ps-section" data-id="ryX4e-ZYZZUp" data-time="1702070521194">f. <u>Handy Trust and Support Fee</u> Handy may assess an additional <strong>"Trust and Support Fee"</strong> to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="rkENlWbYbbLa" data-time="1702070521194">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="rJS4x-WF-ZUT" data-time="1702070521194">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="rkU4lb-Y-WLp" data-time="1702070521194">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="BJDVgbbYZZ86" data-time="1702070521194">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="HyONgb-YbbLa" data-time="1702070521194">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="SkYVgb-FbWIp" data-time="1702070521194">h. <u>Dormant Account Service Charge.</u> An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Handy Help Center at www.handy.com/help.</div><div data-section-type="1" class="ps-section" data-id="SJ94l-bKW-La" data-time="1702070521194"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJsEg-WtbZI6" data-time="1702070521194">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="rJhNeb-t-WIa" data-time="1702070521194">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="H16EeZ-FWWLa" data-time="1702070521194">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="S1CNx-WtZb8a" data-time="1702070521194">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="B1yreb-tbWL6" data-time="1702070521194">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="S1eSgZ-YW-Up" data-time="1702070521194">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="HkZBxWbtZZLp" data-time="1702070521194">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="r1MHlbZK-bUa" data-time="1702070521194">(iv) <em>Expiration of Minimum Commitment; AUTOMATIC RENEWAL:</em> Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Handy Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.</div><div data-section-type="1" class="ps-section" data-id="H1O4jJzkC" data-time="1711565615542">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD</em>: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</span></div><div data-section-type="1" class="ps-section" data-id="BkzBiJMJ0" data-time="1711565625894">e. <u>Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Handy's cancellation policy (found at <a href="https://www.handy.com/help">www.handy.com/help</a>) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Handy Platform at any time, subject to the following conditions: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="rySHgbWKWbUT" data-time="1702070521194">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="H1Url-bK--IT" data-time="1702070521194">(i) <em>Select Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership ("Handy Select").</div><div data-section-type="1" class="ps-section" data-id="H1PrxWWFb-8a" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="SydHxZbY-ZU6" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="SJFrgZZtWZIT" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="Hk18o1GyC" data-time="1711565638600">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</span></div><div data-section-type="1" class="ps-section" data-id="HksHeWWt-Z86" data-time="1702070521194">(vi) <em>Handy Select Refunds</em>: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="rJnrxW-K-WLp" data-time="1702070521194">(vii) <em>Handy Select Membership Plans/Promotional Trial Memberships</em>: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="rJTrlWZtbZI6" data-time="1702070521194">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="SJArebWFZ-Lp" data-time="1702070521194">(i) <em>Savings Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="ByJUgZbtW-Lp" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="rJgIg-bFbZ8T" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="HJWUebbY-ZIT" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="BkTUoyGJC" data-time="1711565653359">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</span></div><div data-section-type="1" class="ps-section" data-id="BkQIxZ-FZWUa" data-time="1702070521194">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="H1N8lb-F-b8p" data-time="1702070521194"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="B1SLeWWKWZUa" data-time="1702070521194"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="SyU8e-bFZ-Lp" data-time="1702070521194"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="S1v8gZWFW-UT" data-time="1702070521194">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="ry_Lg--tb-8p" data-time="1702070521194">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="r1K8xbWYWbUT" data-time="1702070521194">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="rk98lZZtWZLT" data-time="1702070521194">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="r1sUlZbtbZUT" data-time="1702070521194">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="BJnLeZZYb-UT" data-time="1702070521194">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="S16IlbbYWWIp" data-time="1702070521194">g. Intentionally Omitted.</div><div data-section-type="1" class="ps-section" data-id="SJ0Ieb-Kb-La" data-time="1702070521194">h. Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="SkkvgWbtb-8p" data-time="1702070521194">i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="SyePxWZYZ-L6" data-time="1702070521194">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="HkZwgb-tW-IT" data-time="1702070521194">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="HJGPgb-F-W8a" data-time="1702070521194">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="Sk7vxZbFZZ8a" data-time="1702070521194">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="SJVvebWtZ-8p" data-time="1702070521194">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="ryBDx--t-WUp" data-time="1702070521194">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="rkIvx-bYZ-Ia" data-time="1702070521194">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="ryPwxbZYbbI6" data-time="1702070521194">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="HkdPlbWtZ-Ia" data-time="1702070521194">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="H1Yvx-bK-ZL6" data-time="1702070521194">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="Hy9wxZ-tbWUa" data-time="1702070521194">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="rJoDeZWK--LT" data-time="1702070521194">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="SyhweZZYZZ8a" data-time="1702070521194">v. Alter transmission data without Handy's consent</div><div data-section-type="1" class="ps-section" data-id="SyaPe-btbZ8p" data-time="1702070521194">w. Purchase Merchandise for the purposes of reselling it.</div><div data-section-type="1" class="ps-section" data-id="HkRvlb-KZZU6" data-time="1702070521194"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to connect with independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="S1kOgWZYWZI6" data-time="1702070521194"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hklueb-FZ-UT" data-time="1702070521194">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="Sybue-bFbbU6" data-time="1702070521194">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="ryMugWWF-bLa" data-time="1702070521194">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons</div><div data-section-type="1" class="ps-section" data-id="SyQul-Zt-bIa" data-time="1702070521194">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupons may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="rJNdgb-KWbLT" data-time="1702070521194">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="ByS_l-bY--IT" data-time="1702070521194">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rk8OeWbt-bLp" data-time="1702070521194">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="rkPdxWZtbZL6" data-time="1702070521194">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="HJuOxb-tZ-8a" data-time="1702070521194">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="B1FdgWWFbbLT" data-time="1702070521194">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="Sk5ueZ-tbW8p" data-time="1702070521194">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="ryjOeZbFZZ8T" data-time="1702070521194">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="Sy3_xb-YZZUa" data-time="1702070521194">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="rkTOlb-KW-LT" data-time="1702070521194">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="ryRdxZbKWZUT" data-time="1702070521194">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="HJJtxbWtb-86" data-time="1702070521194">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="BkxtlZWFWZ8a" data-time="1702070521194">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="BkbYxWWY-WU6" data-time="1702070521194">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="SJMFgbZFW-Lp" data-time="1702070521194">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="BkQtxW-KZ-Ip" data-time="1702070521194">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="SyNYeZZtZZIT" data-time="1702070521194">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="BJBFgbWF-bIa" data-time="1702070521194">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="HJ8Kg-bFbZI6" data-time="1702070521194">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="r1PKlWWKb-Ia" data-time="1702070521194">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="HJdYlZZKWZ8T" data-time="1702070521194">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="ByKYx--FWZUa" data-time="1702070521194">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="HkqKe-WKbZIp" data-time="1702070521194"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="https://www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="r1sFg--KZW8p" data-time="1702070521194"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="HyhYlZbtbbL6" data-time="1702070521194">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="r1TteWZY-ZUp" data-time="1702070521194">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="r1RFg--KW-L6" data-time="1702070521194">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="rJk5g-ZYbZLT" data-time="1702070521194">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="rygqe-ZK-bIa" data-time="1702070521194">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="S1-ql-ZYbZUa" data-time="1702070521194">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="HkMqe-WYbbIp" data-time="1702070521194">Email: legal@angi.com</div><div data-section-type="1" class="ps-section" data-id="rk75g-WFb-U6" data-time="1702070521194">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="H1WOoyfyA" data-time="1711565673391">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> </div><div data-section-type="1" class="ps-section" data-id="SklZOi1GyR" data-time="1711565673391">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="rJMbuokfJ0" data-time="1711565673391"><strong style="background-color:initial;font-size:14px">12. <u>The App / Mobile Devices</u></strong><br /></div><div data-section-type="1" class="ps-section" data-id="By89xWZF-WU6" data-time="1702070521194">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="BJP5gWbK-bLa" data-time="1702070521194">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="ryd9l-btWZLa" data-time="1702070521194">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="H1Y9gZ-F-ZI6" data-time="1702070521194">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="By99lb-tbW8p" data-time="1702070521194">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Bkjcl-btbZIT" data-time="1702070521194">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="By2cl-WFZZUa" data-time="1702070521194">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rypqlbbKbZUp" data-time="1702070521194">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rJR5gWZYW-UT" data-time="1702070521194">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="H11oe-bK-WU6" data-time="1702070521194">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="HyxogWWYWZL6" data-time="1702070521194">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="rkZjx-bFZ-86" data-time="1702070521194">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="BJMogbWtW-UT" data-time="1702070521194"><strong>13. <u>Handy Spot Rewards.</u></strong> Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.</div><div data-section-type="1" class="ps-section" data-id="S1XoeZZtW-8T" data-time="1702070521194">Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Handy merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Handy's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.</div><div data-section-type="1" class="ps-section" data-id="HJEix-bKbZUp" data-time="1702070521194">Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Handy Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="H1SixW-tbZUp" data-time="1702070521194">You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Handy is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Handy reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Handy reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="ByIjg--KZWL6" data-time="1702070521194"><strong>14. <u>Lockbox and Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJPil--t--Ua" data-time="1702070521194"><strong><u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="SJdjlWZKWbLT" data-time="1702070521194">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="r1Fix--KWbLT" data-time="1702070521194">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="S1csgZWY-bLp" data-time="1702070521194">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="BJjseWZtWW8T" data-time="1702070521194">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Hk2ixb-tZb8p" data-time="1702070521194"><strong><u>Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1pixb-K-WUp" data-time="1702070521194">Handy utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Handy Vault, User agrees (i) to provide Handy with a copy of his or her key(s), (ii) allow Handy to store User's key(s) in a KeyCafe kiosk, (iii) to allow Handy to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Handy Vault, and (v) that Handy employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Handy is not responsible for the loss of User's key(s) during the use of Handy Vault. Upon request through Handy's Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> Handy will mail User's key(s) back within 14 days.</div><div data-section-type="1" class="ps-section" data-id="Hy0oe-ZtbWIa" data-time="1702070521194"><strong>15. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Byy2lWZKZZLT" data-time="1702070521194"><strong>16. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="S1l2eZ-tbW86" data-time="1702070521194"><strong>17. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Syb2lb-FZbUT" data-time="1702070521194">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="H1G2xb-KZWLT" data-time="1702070521194">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY HAPPINESS GUARANTEE. HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="r1mheZ-FWb86" data-time="1702070521194">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. THE HANDY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HANDY IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."</div><div data-section-type="1" class="ps-section" data-id="SyN2xZZtWW8p" data-time="1702070521194">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED, REQUESTED OR OBTAINED THROUGH THE USE OF THE HANDY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER OR MANUFACTURER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="ByBhgbZY-ZUT" data-time="1702070521194">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="SJU3lZ-FWbI6" data-time="1702070521194">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="rkvhlWbKb-U6" data-time="1702070521194">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="rku2xZWtbbUa" data-time="1702070521194">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="HJY3e--KZbIa" data-time="1702070521194"><strong>18.<u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="HJ5hxW-Kb-86" data-time="1702070521194"><strong>19.<u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1oYo1fJA" data-time="1711565698673">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="Bk2hl-btZWU6" data-time="1702070521194">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="B1phgb-KZb86" data-time="1702070521194">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="BkRneZWtbWU6" data-time="1702070521194">d.<u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="rJ1ae-bFWb8a" data-time="1702070521194">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="Hye6g-bY--Ia" data-time="1702070521194">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="ry-albZYWZ86" data-time="1702070521194">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="SJfpeW-KW-IT" data-time="1702070521194"><strong>20.<u>Governing Law; Jurisdiction.</u></strong> Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.</div><div data-section-type="1" class="ps-section" data-id="rJXaebZtZb8T" data-time="1702070521194"><strong>21.<u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="BJZajkGk0" data-time="1711565753171"><strong>22.<u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</span></div><div data-section-type="1" class="ps-section" data-id="ByS6eb-FWbL6" data-time="1702070521194"><strong>23.<u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="rkUTg-ZY--La" data-time="1702070521194"><strong>24.<u>Severability</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="HkvpgWWt-Z86" data-time="1702070521194"><strong>25.<u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@angi.com</a> or by mail the below address:</div><div data-section-type="1" class="ps-section" data-id="S1T5syzyA" data-time="1711565716605">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> </div><div data-section-type="1" class="ps-section" data-id="r1l6cokfJ0" data-time="1711565716605">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="B1qae-ZKZZU6" data-time="1702070521194">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="B1j6eW-tZ-8T" data-time="1702070521194">Last updated: <strong>March 27, 2024</strong></div> </div> </div> </div> </div> <div id="contract-id-459888-version-658084b25944d1f759561efa" data-vid="658084b25944d1f759561efa" class="version-container js-version-container-459888 " style="display: none;"> <div id="version-languages-658084b25944d1f759561efa" class="version-translation-container"> <div id="version-658084b25944d1f759561efa-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="US Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective March 27th 2024  <span class="light">to</span>  July 8th 2024</h5> <a id="download-version-658084b25944d1f759561efa-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/658084b25944d1f759561efa.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-658084b25944d1f759561efa"> <div data-section-type="1" class="ps-section" data-id="rJbWt-ZIp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="HklWZFWWLp" data-time="1702070521194"> <center><i>Last updated on January 01, 2023</i></center></div><div data-section-type="1" class="ps-section" data-id="SJbb-KWZLp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="BJzZWKWW8T" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="SkXWWYWWUa" data-time="1702070521194"> <center> TABLE OF CONTENTS</center></div><div data-section-type="1" class="ps-section" data-id="BJ4-btbWUa" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="ryH-ZYZ-8a" data-time="1702070521194"><strong><i>For residents of the State of California</i>, please click <a href="#us_california">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="S1IWbYbZLp" data-time="1702070521194"><strong><i>For residents of all other States</i>, please click <a href="#us_non_california">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="HyPZZFZZ8p" data-time="1702070521194"><br /> <center> Terms of Use / User Agreement for California Residents</center></div><div data-section-type="1" class="ps-section" data-id="SkObWYWWLp" data-time="1702070521194">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="rktWWY--U6" data-time="1702070521194"> <center><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</strong></center></div><div data-section-type="1" class="ps-section" data-id="BJ9ZbFbZIp" data-time="1702070521194">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handy Technologies, Inc. d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="rJsWbKbZ8T" data-time="1702070521194">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HJ2-Zt-ZLp" data-time="1702070521194">By using the Handy Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJp-WYbb8p" data-time="1702070521194">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="BJRbWFWbUa" data-time="1702070521194"> <li class="ps-section" data-id="SyyeZbtZWIa" data-time="1702070521194">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).</li> <li class="ps-section" data-id="B1egbWtbWIT" data-time="1702070521194">Your agreement that no claims can be adjudicated on a class basis (Section 19).</li> <li class="ps-section" data-id="B1-gZWt--Up" data-time="1702070521194">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Handy Platform (Section 3(f)).</li> <li class="ps-section" data-id="SkGebbYWW8T" data-time="1702070521194">Your acknowledgment of and agreement to Handy's dormant account service fees (Section 3(i)).</li> <li class="ps-section" data-id="BkXgbZtbWUp" data-time="1702070521194">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="B1Vgb-KWWUT" data-time="1702070521194">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="HJBl-Zt-b8p" data-time="1702070521194">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).</li> <li class="ps-section" data-id="BJ8x-WYZWLp" data-time="1702070521194">Handy's sole liability with respect to disputes is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="HyPlWbt--Lp" data-time="1702070521194">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li> <li class="ps-section" data-id="ry_gZWFWWIa" data-time="1702070521194">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 18).</li> <li class="ps-section" data-id="B1YeZ-YZZ8T" data-time="1702070521194">Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><div id="screening" data-section-type="1" class="ps-section" data-id="rk5x-ZtWW8a" data-time="1702070521194"><strong>1. <u>Handy Platform; Screening.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1ieZZtZZIa" data-time="1702070521194">a. <u>The Handy Platform.</u> The Handy Platform is a technology platform that makes available certain home services to individuals seeking to obtain home services (“Requesters”) that Handy fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Professionals”). Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong> or <strong>"Jobs"</strong>: Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. As described further in Section 4(e) below, no contractual relationship is created during a negotiation period associated with each Professional Service before a Professional is committed to the Professional Service. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>"Merchandise"</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Merchandise. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="ry2lZbYWZ8T" data-time="1702070521194">b. <u>Screening and Licensing.</u> FOR PROFESSIONALS THAT REGISTER TO USE THE HANDY PLATFORM IN THEIR INDIVIDUAL CAPACITY, HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY, AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE HANDY PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="rkplb-FbWIp" data-time="1702070521194"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryRxbbYW-8p" data-time="1702070521194">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="B11bbbF-ZLp" data-time="1702070521194">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="B1gWWZtWW86" data-time="1702070521194">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="rkZb-bY-b86" data-time="1702070521194">d. <u>Text Messages and Phone Calls.</u></div><div data-section-type="1" class="ps-section" data-id="rkzZWbFZWL6" data-time="1702070521194">(i) General: By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Handy Platform and requesting Professional Services, you are entering into a business relationship with Handy and/or Professionals and thus agree to be contacted by Handy and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="rJ7bZ-tbWLp" data-time="1702070521194">(ii) Recording: You acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes.</div><div id="messaging" data-section-type="1" class="ps-section" data-id="B14Z-WtWWLT" data-time="1702070521194">(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Handy, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Handy reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Handy also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Handy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Handy and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Handy through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Handy and the Service Professionals, your use of Handy Services may be impacted. Handy and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Handy's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.</div><div data-section-type="1" class="ps-section" data-id="BkSZbbYZ-Lp" data-time="1702070521194">(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="rJUZb-KWWLa" data-time="1702070521194">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="H1PWWWtbW8p" data-time="1702070521194"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims; Dormant Account Service Charge.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1_Z--KW-Ia" data-time="1702070521194">a. Payments. Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform <strong>("Payments")</strong>. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="H1K-ZbKb-IT" data-time="1702070521194">b. <u>Price.</u> The base price for a Professional Service paid to Handy (<strong>"Price"</strong>) depends on factors, such as location and, if part of a Recurrent Service, how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein. Additionally, you may reach agreement with the Professional for additional payment above the base Price listed for a Professional Service. Requesters and Professionals are free to negotiate any terms of their agreement, and there will be no penalty to the Professional for declining a Professional Service during an initial Negotiation Period as specified below in Section 4(e). If you and your Professional agree to new job details, you can let Handy know by contacting our support team. We’ll process whatever changes you need in accordance with your agreement with the pro. You can also coordinate booking detail or pay changes directly with the Professional.</div><div data-section-type="1" class="ps-section" data-id="BkcWWbtZ-8T" data-time="1702070521194">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="SksZ-bFWW86" data-time="1702070521194">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="Hy3WbZY-ZUT" data-time="1702070521194">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="BypbWZYbZ86" data-time="1702070521194">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="BkCWZ-tWbLT" data-time="1702070521194">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="H11GbWK-ZUp" data-time="1702070521194">i. The Handy Happiness Guarantee provides certain limited additional protections provided by Handy for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) have the specific Professional Service reperformed or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional's completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="S1gGWWKbZ8a" data-time="1702070521194">ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="Hy-MWZt-W8a" data-time="1702070521194">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HyGMZ-YWWIa" data-time="1702070521194"> <li class="ps-section" data-id="Hy7GbbYWZLa" data-time="1702070521194">The Professional Service is paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="rJ4f--tbZLp" data-time="1702070521194">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="S1rzZWY--Ip" data-time="1702070521194">The Requester has reported the claim within 72 hours of the Professional's completion of the Professional Service;</li> <li class="ps-section" data-id="r1LG--tbWIp" data-time="1702070521194">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="r1wzZ-FZZUT" data-time="1702070521194">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="rydGWWtZW8p" data-time="1702070521194">The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="BkFfb-FWW8T" data-time="1702070521194">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="ByqzWZFZb8a" data-time="1702070521194"> <li class="ps-section" data-id="Skoz--FWZ8T" data-time="1702070521194">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="BknMZWFbZI6" data-time="1702070521194">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SJpG-bKbZUp" data-time="1702070521194">Merchandise;</li> <li class="ps-section" data-id="ByCfbWt-W8T" data-time="1702070521194">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="By17--F--Lp" data-time="1702070521194">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="Syl7-ZF-WUa" data-time="1702070521194">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="HJb7-WtbZUT" data-time="1702070521194">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="H1M7bbtZW8a" data-time="1702070521194">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="BkXmZWtWZUp" data-time="1702070521194">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="ryN7W-K-b8T" data-time="1702070521194">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="ryHmZZFZbLp" data-time="1702070521194">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="rJImbbYZWUa" data-time="1702070521194">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="HJPQW-tZZ8a" data-time="1702070521194">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="B1d7bbKZW8T" data-time="1702070521194">losses of cash, third party gift cards, and securities;</li> <li class="ps-section" data-id="HytQZbYWWLT" data-time="1702070521194">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="HycmbZtb-86" data-time="1702070521194">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="SJoXZZtWbIp" data-time="1702070521194">losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="HkhmWZtZZLT" data-time="1702070521194">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="HyTXZbFbZ8T" data-time="1702070521194">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="rJR7Z-tbbUa" data-time="1702070521194">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="r114WZFbZIT" data-time="1702070521194">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="rJlVZ-FbW8a" data-time="1702070521194">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="S1WEbWKbWIa" data-time="1702070521194">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="HJG4W-Yb-Up" data-time="1702070521194">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="S17NWbKb-Up" data-time="1702070521194">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="SJVE-ZF--Ia" data-time="1702070521194">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="HJH4bWt-ZUa" data-time="1702070521194">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and</li> <li class="ps-section" data-id="S1IVZbFWbLT" data-time="1702070521194">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="r1v4bWtZZLT" data-time="1702070521194">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="B1d4-bFbWI6" data-time="1702070521194">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="rkYEW-tZ-La" data-time="1702070521194">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="Sy5VbWK-WUp" data-time="1702070521194">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="SJjE-bKbW8a" data-time="1702070521194">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="rynVZZFbWIT" data-time="1702070521194">e. <u>Handy Merchandise Refund Policy.</u></div><div data-section-type="1" class="ps-section" data-id="rJ6EbZt-W8T" data-time="1702070521194">i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Handy shall not refund the cost of the Professional Services. Handy shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.</div><div data-section-type="1" class="ps-section" data-id="rkCEWZFWbLp" data-time="1702070521194">ii. If any Merchandise is broken only in the course of performing the Professional Services, Handy will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Handy shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).</div><div data-section-type="1" class="ps-section" data-id="B1yrWZY-bIT" data-time="1702070521194">f. <u>Handy Trust and Support Fee</u> Handy may assess an additional <strong>"Trust and Support Fee"</strong> to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="HyeBWbF-ZLp" data-time="1702070521194">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="SJ-rZbtZWI6" data-time="1702070521194">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="BkfrZZt-W8p" data-time="1702070521194">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="rk7SWZKbZIT" data-time="1702070521194">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="rJVBb-YW-86" data-time="1702070521194">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="rJSr-ZKZbUa" data-time="1702070521194">h. <u>Dormant Account Service Charge.</u> An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Handy Help Center at www.handy.com/help.</div><div data-section-type="1" class="ps-section" data-id="HkIHW-F-ZIT" data-time="1702070521194"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1DBbbt-ZI6" data-time="1702070521194">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="BJdBZ-YZbLa" data-time="1702070521194">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="ryKrZ-KZb8p" data-time="1702070521194">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="ry9rZ-FWW8a" data-time="1702070521194">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="rkjB-bKZZ8T" data-time="1702070521194">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="Hk3SbZYW-86" data-time="1702070521194">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="H1TH-bF-WLT" data-time="1702070521194">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="S1RSWWt-ZIp" data-time="1702070521194">(iv) <em>Expiration of Minimum Commitment; AUTOMATIC RENEWAL:</em> Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Handy Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.</div><div data-section-type="1" class="ps-section" data-id="BJJUZZK-bUT" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD</em>: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</div><div data-section-type="1" class="ps-section" data-id="HkIhikfkR" data-time="1711565742174">e. <u>Negotiation Period; Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Requester agrees and understands that, after requesting a Professional Service (Job) through the Platform, and upon a Professional claiming such Job, Requester and Professional will have a negotiation period in which to discuss any aspect of the Job (the Negotiation Period). During the Negotiation Period, either Professional or Requester can contact Handy and decline or withdraw the request for the Job without penalty. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Job is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Professional and a contractual relationship will be created between Professional and Requester. Professional and Requester may negotiate the terms of their contract, including the Timeframe, Estimated Work Time and Additional Payments, to be different than the base terms first set through the Platform. Unless otherwise agreed between Requester the Professional and communicated to Handy, Requester agrees that the consequence of Professional canceling a Job before or after the expiration of the Negotiation Period shall be as set out in Section 4(h) of this User Agreement. As to Requester, Handy's cancellation policy (found at <a href="https://www.handy.com/help">www.handy.com/help</a>) for specific Professional Services is as follows: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal,<span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">.</span></div><div data-section-type="1" class="ps-section" data-id="HybLb-FZWLp" data-time="1702070521194">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="SkGLWbY--La" data-time="1702070521194">(i) <em>Select Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership ("Handy Select").</div><div data-section-type="1" class="ps-section" data-id="HyQ8ZZKWZIp" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="H1N8b-K-WIp" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="HkSIWZFZ-Up" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="B1IUZWF-WUa" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, 130 E. Washington St., Ste. 1100, Indianapolis, IN 46204. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</div><div data-section-type="1" class="ps-section" data-id="Byw8-ZtWbUa" data-time="1702070521194">(vi) <em>Handy Select Refunds</em>: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="SJdIW-K-WUa" data-time="1702070521194">(vii) <em>Handy Select Membership Plans/Promotional Trial Memberships</em>: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="Byt8ZbtbbL6" data-time="1702070521194">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="rk98bWtbbU6" data-time="1702070521194">(i) <em>Savings Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="S1jIbWKbbL6" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="BkhU-bK-ZUp" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="Bk6UZWt-ZUa" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="Sy3O5kzk0" data-time="1711565427651">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</span></div><div data-section-type="1" class="ps-section" data-id="By1wWbFbb8a" data-time="1702070521194">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="HkeDb-KWbI6" data-time="1702070521194">i. <u>Right to Withdraw Referrals.</u> Requester agrees and acknowledges that, if Handy determines there is a risk that a Professional will not appear at a Job requested by Requester, Handy retains the right to withdraw its referral to that Professional and may refer the Job to another Professional. If Requester directly arranges with the Professional to complete the Job for which the referral was withdrawn, Requester will promptly notify Handy of this fact.</div><div data-section-type="1" class="ps-section" data-id="rkZDb-tb-8a" data-time="1702070521194"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="BJGDWZF-WIp" data-time="1702070521194"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="rJ7P-bFbbLT" data-time="1702070521194"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="S1EvZWtWWIa" data-time="1702070521194">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="HJSPbWY-W8T" data-time="1702070521194">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="Hk8DZbKbbLp" data-time="1702070521194">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="HkPwWbYZ-86" data-time="1702070521194">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="HJ_D-bYbb8T" data-time="1702070521194">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="SyYw-WK--L6" data-time="1702070521194">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="HJ9DbWKb-8T" data-time="1702070521194">g. Intentionally Omitted.</div><div data-section-type="1" class="ps-section" data-id="SJjw-ZFbb86" data-time="1702070521194">h. Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="Sk2Db-Y-ZLp" data-time="1702070521194">i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="BJTPWbF-ZUT" data-time="1702070521194">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="SyADWbYb-UT" data-time="1702070521194">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="HkJuWZKbWIT" data-time="1702070521194">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="Syl_WZtWWIT" data-time="1702070521194">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="r1WuWbF-WU6" data-time="1702070521194">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="r1G_-WYbZIa" data-time="1702070521194">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="B1XuWbKZWLa" data-time="1702070521194">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="rk4_--YbbUp" data-time="1702070521194">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="SyruZ-K--8T" data-time="1702070521194">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="By8OZbt-bIp" data-time="1702070521194">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="BkP_WZK--IT" data-time="1702070521194">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="Hkdd-ZY--Up" data-time="1702070521194">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="rkFubWYWbLp" data-time="1702070521194">v. Alter transmission data without Handy's consent</div><div data-section-type="1" class="ps-section" data-id="HkcdW-tZ-La" data-time="1702070521194">w. Purchase Merchandise for the purposes of reselling it.</div><div data-section-type="1" class="ps-section" data-id="Byo_ZZKbZL6" data-time="1702070521194"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to obtain certain home services to by completed by independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="SyhOWZYZb8a" data-time="1702070521194"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJadbWFZWIT" data-time="1702070521194">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="Hy0_WWYZ-LT" data-time="1702070521194">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="SJkYbbK--I6" data-time="1702070521194">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons</div><div data-section-type="1" class="ps-section" data-id="H1gF-bYZZ8a" data-time="1702070521194">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupons may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="B1WYZbYWZIT" data-time="1702070521194">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="ByfFWWK-W8T" data-time="1702070521194">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rJXY-bK-bIp" data-time="1702070521194">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="HyEYbWKWbL6" data-time="1702070521194">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="BySFWWYbW8p" data-time="1702070521194">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="HJLtWbFb-L6" data-time="1702070521194">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="r1vtZZtZ-Ip" data-time="1702070521194">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="SydFWWYWWIT" data-time="1702070521194">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="SJttb-K-ZUT" data-time="1702070521194">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="By9F-btbWIT" data-time="1702070521194">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="SksYb-K--LT" data-time="1702070521194">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="rk3t--KZZ86" data-time="1702070521194">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="S1TKWWYWZLa" data-time="1702070521194">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="B10YbZKW-U6" data-time="1702070521194">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="r11qZWFWZUp" data-time="1702070521194">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="ryg9-btZZ8p" data-time="1702070521194">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="HyZcZbYWZ8T" data-time="1702070521194">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="HJzcbWKWZUa" data-time="1702070521194">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="BJm9WbFW-L6" data-time="1702070521194">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="SkEcbZKW-8T" data-time="1702070521194">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="SJS9-WKb-Lp" data-time="1702070521194">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="Hk8qbWK--L6" data-time="1702070521194">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="BJPq--F-WUp" data-time="1702070521194"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="https://www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="r1_9Z-KZZUp" data-time="1702070521194"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="SyK5WZK-WUp" data-time="1702070521194">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="SkccZWFWb8p" data-time="1702070521194">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="SkjcWZKW-Ip" data-time="1702070521194">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="rJ3qZZKWZ86" data-time="1702070521194">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="rJpqWWY-WLa" data-time="1702070521194">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="ByRqZWY-W8T" data-time="1702070521194">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="BJyjb-tbb86" data-time="1702070521194">Email: legal@angi.com</div><div data-section-type="1" class="ps-section" data-id="SJxob-FZbUT" data-time="1702070521194">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="rkcc9kGy0" data-time="1711565457764">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> </div><div data-section-type="1" class="ps-section" data-id="S1l5q91fJC" data-time="1711565457764">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="BkXq991MJ0" data-time="1711565457765"><br /></div><div data-section-type="1" class="ps-section" data-id="rJGib-tZb86" data-time="1702070521194"><strong>12. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk7oZZtbZUp" data-time="1702070521194">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="HyVjWbKWbUT" data-time="1702070521194">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="B1SjZWK--Ip" data-time="1702070521194">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="H1IoZWtbbLa" data-time="1702070521194">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="rJvibbKbZIT" data-time="1702070521194">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1usWbYWbIT" data-time="1702070521194">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="ryKoZZtW-8p" data-time="1702070521194">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="HJ5ib-Fbb8T" data-time="1702070521194">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SkiiW-Yb-Ua" data-time="1702070521194">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="r1noZZYW-U6" data-time="1702070521194">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="HkToZ-FbWL6" data-time="1702070521194">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="BkCiZWtWZL6" data-time="1702070521194">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="B113bbt--Ip" data-time="1702070521194"><strong>13. <u>Handy Spot Rewards.</u></strong> Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.</div><div data-section-type="1" class="ps-section" data-id="SkghbWtWWLT" data-time="1702070521194">Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Handy merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Handy's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.</div><div data-section-type="1" class="ps-section" data-id="BJb2WWKZbUa" data-time="1702070521194">Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Handy Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="HkG2Z-KWZIa" data-time="1702070521194">You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Handy is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Handy reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Handy reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="ByX3ZWF-WUa" data-time="1702070521194"><strong>14. <u>Lockbox and Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1V2bZt--LT" data-time="1702070521194"><strong><u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="HyBnbWYZbL6" data-time="1702070521194">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="rJLhWZtbbU6" data-time="1702070521194">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="r1v2Z-tb-L6" data-time="1702070521194">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="BJ_hZWYWZIp" data-time="1702070521194">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rJY2bWK--8a" data-time="1702070521194"><strong><u>Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryq3bWYWWU6" data-time="1702070521194">Handy utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Handy Vault, User agrees (i) to provide Handy with a copy of his or her key(s), (ii) allow Handy to store User's key(s) in a KeyCafe kiosk, (iii) to allow Handy to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Handy Vault, and (v) that Handy employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Handy is not responsible for the loss of User's key(s) during the use of Handy Vault. Upon request through Handy's Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> Handy will mail User's key(s) back within 14 days.</div><div data-section-type="1" class="ps-section" data-id="rys3ZbYWbIa" data-time="1702070521194"><strong>15. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BJ23b-tWbUT" data-time="1702070521194"><strong>16. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="HJp3Z-tb-I6" data-time="1702070521194"><strong>17. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJA2bbY-WUp" data-time="1702070521194">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="rk1TZZt-bUa" data-time="1702070521194">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE. HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="r1gp-Zt-ZUa" data-time="1702070521194">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."</div><div data-section-type="1" class="ps-section" data-id="HJ-TbbKbZUp" data-time="1702070521194">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="SkGaWWFbWIa" data-time="1702070521194">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="ByQ6ZbtZbUp" data-time="1702070521194">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="ry4pZWtW-8T" data-time="1702070521194">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="BkB6-bKZ-Up" data-time="1702070521194">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="B1Up-ZF-ZIa" data-time="1702070521194"><strong>18.<u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="H1w6-WFWWUa" data-time="1702070521194"><strong>19.<u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S15nqyzyC" data-time="1711565490393">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">.</span></div><div data-section-type="1" class="ps-section" data-id="BkFTWZt-ZL6" data-time="1702070521194">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="H19pW-YZW8T" data-time="1702070521194">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="Sys6bZKbW8T" data-time="1702070521194">d.<u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="BJh6bbYWZLp" data-time="1702070521194">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="rJTpWZY--L6" data-time="1702070521194">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="B1ApW-YbbLT" data-time="1702070521194">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="B1J0--tZ-Ip" data-time="1702070521194"><strong>20.<u>Governing Law; Jurisdiction.</u></strong> Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.</div><div data-section-type="1" class="ps-section" data-id="rygCbbKZWUp" data-time="1702070521194"><strong>21.<u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="rJERcJfkR" data-time="1711565516312"><strong>22.<u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</span></div><div data-section-type="1" class="ps-section" data-id="Hkf0ZZY-b86" data-time="1702070521194"><strong>23.<u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="Sy70ZbY--IT" data-time="1702070521194"><strong>24.<u>Severability</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="SyVAZbYbWIp" data-time="1702070521194"><strong>25.<u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@angi.com</a> or by mail the below address:</div><div data-section-type="1" class="ps-section" data-id="ByZkj1fJC" data-time="1711565528728">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> </div><div data-section-type="1" class="ps-section" data-id="HJxWyiyM1C" data-time="1711565528728">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="ByPRZZYWW86" data-time="1702070521194">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="HJORZ-FbZIa" data-time="1702070521194">Last updated: <strong>March 27, 2024</strong></div><div data-section-type="1" class="ps-section" data-id="HJKRWZKZWIa" data-time="1702070521194"><br /> <center> Terms of Use / User Agreement (Non-California)</center></div><div data-section-type="1" class="ps-section" data-id="SJ9RWZF-WUp" data-time="1702070521194">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="HyiCWWK-WUT" data-time="1702070521194"> <center><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</strong></center></div><div data-section-type="1" class="ps-section" data-id="S1hRWbFbZLp" data-time="1702070521194">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handy Technologies, Inc. d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="Bk6AZ-tW-LT" data-time="1702070521194">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ryCCbZYZbIT" data-time="1702070521194">By using the Handy Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ryy1e-btWZUT" data-time="1702070521194">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r1gJe-ZKWWUp" data-time="1702070521194"> <li class="ps-section" data-id="ry-kgW-Yb-Ia" data-time="1702070521194">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).</li> <li class="ps-section" data-id="ByMyeZWFZbI6" data-time="1702070521194">Your agreement that no claims can be adjudicated on a class basis (Section 19).</li> <li class="ps-section" data-id="Sym1xb-tZWLa" data-time="1702070521194">Your agreement that the Handy Platform is provided “as-is” and without warranty (Section 17).</li> <li class="ps-section" data-id="HJ41xZZt-bIT" data-time="1702070521194">Your agreement that the Handy Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 17), with the exception of Handy's Happiness Guarantee (Section 3(d)).</li> <li class="ps-section" data-id="BkSyxWbtZ-LT" data-time="1702070521194">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Handy Platform (Section 3(f)).</li> <li class="ps-section" data-id="H1I1gZZF--U6" data-time="1702070521194">Your acknowledgment of and agreement to Handy's dormant account service fees (Section 3(i)).</li> <li class="ps-section" data-id="rywJxZZFZWUT" data-time="1702070521194">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="BkOyx-WK-bLp" data-time="1702070521194">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="BkFJgZZt-W8T" data-time="1702070521194">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).</li> <li class="ps-section" data-id="HJ51x-ZK--86" data-time="1702070521194">Handy's sole liability with respect to disputes between users is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="Syjyeb-YbbIp" data-time="1702070521194">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li> <li class="ps-section" data-id="H1h1g-WKZWU6" data-time="1702070521194">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 18).</li> <li class="ps-section" data-id="HJT1xZZYZbL6" data-time="1702070521194">Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><div id="screening" data-section-type="1" class="ps-section" data-id="SJAJeWWYbbL6" data-time="1702070521194"><strong>1. <u>The Handy Platform is Solely a Venue for Communications; Screening.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1kxebZKWWUa" data-time="1702070521194">a. <u>The Handy Platform is Solely a Venue for Communications.</u> The Handy Platform is a communications platform enabling the connection between individuals seeking to obtain home services (“Requesters”) and independent, third-party individuals or entities seeking to provide the services requested (“Professionals”). Requesters and Professionals together are referred to as "Users". HANDY IS A PLATFORM THAT CONNECTS PROFESSIONALS AND REQUESTERS, AND IS NOT A PROVIDER OF HOME SERVICES. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong>: Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>"Merchandise"</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Handy Platform. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="Sygge--tZWIa" data-time="1702070521194">b. <u>Screening and Licensing.</u> FOR PROFESSIONALS THAT REGISTER TO USE THE HANDY PLATFORM IN THEIR INDIVIDUAL CAPACITY, HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY, AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE HANDY PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="Hk-xxb-KZWU6" data-time="1702070521194"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BkMxeZZK-Z8a" data-time="1702070521194">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="rymxxZbtbZUa" data-time="1702070521194">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="rk4ggWZtbWL6" data-time="1702070521194">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="HJSeg-WtWZUa" data-time="1702070521194">d. <u>Text Messages and Phone Calls.</u></div><div data-section-type="1" class="ps-section" data-id="BkIxxZ-t-W86" data-time="1702070521194">(i) General: By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Handy Platform and requesting Professional Services, you are entering into a business relationship with Handy and/or Professionals and thus agree to be contacted by Handy and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="B1vxx-Wtb-8a" data-time="1702070521194">(ii) Recording: You acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes.</div><div id="messaging" data-section-type="1" class="ps-section" data-id="rkuexWWtWZ86" data-time="1702070521194">(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Handy, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Handy reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Handy also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Handy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Handy and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Handy through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Handy and the Service Professionals, your use of Handy Services may be impacted. Handy and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Handy's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.</div><div data-section-type="1" class="ps-section" data-id="rkFxxZWY-b86" data-time="1702070521194">(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="rJ9gxWbKWWLT" data-time="1702070521194">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="SJsllZ-Y-ZLa" data-time="1702070521194"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims; Dormant Account Service Charge.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hy2leb-tWZ86" data-time="1702070521194">a. Payments. Users of the Handy Platform contract for Professional Services directly with other Users. Handy is not a party to any contracts for Professional Services. The Handy Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule certain Professional Services, and make payments for certain Professional Services ("Payments"). Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying Handy. Requesters must notify Handy either by changing the date or hours of the requested Professional Service through the Handy Platform or by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="Bk6ge-WtbZ8p" data-time="1702070521194">b. <u>Price.</u> The price for a Professional Service (<strong>"Price"</strong>) depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.</div><div data-section-type="1" class="ps-section" data-id="r10eebbYbZUa" data-time="1702070521194">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="SJJ-gZbY-Z8p" data-time="1702070521194">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="Sye-x--YW-U6" data-time="1702070521194">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="HkOGjkGJC" data-time="1711565583909">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</span></div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="HyMbeZ-FWZLp" data-time="1702070521194">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="S1mZxbbtb-86" data-time="1702070521194">i. The Handy Happiness Guarantee provides certain limited additional protections for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) seek to arrange for the same or a different Professional to redo or fix the work, as appropriate; or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional's completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="rJVZlbWKbZU6" data-time="1702070521194">ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="ryBZgWbKZ-8p" data-time="1702070521194">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="ryLZgZ-YW-U6" data-time="1702070521194"> <li class="ps-section" data-id="ryPZeWbKbZLT" data-time="1702070521194">The Professional Service is agreed to between a Requester and a Professional using the Handy Platform, performed by the Professional hired by the Requester, and paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="r1_WeZZFbZL6" data-time="1702070521194">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="B1KWxW-KbWU6" data-time="1702070521194">The Requester has reported the claim within 72 hours of the Professional's completion of the Professional Service;</li> <li class="ps-section" data-id="S15-e-ZY--IT" data-time="1702070521194">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="ryiWeb-YbbIp" data-time="1702070521194">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="HJ2-lZWFZ-Up" data-time="1702070521194">The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="B1p-xW-t-bIp" data-time="1702070521194">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HkAbg-WFbW8p" data-time="1702070521194"> <li class="ps-section" data-id="HkJflZWK-bUa" data-time="1702070521194">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="B1xGlbZFZWU6" data-time="1702070521194">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SkWMe-WFWbIT" data-time="1702070521194">Merchandise;</li> <li class="ps-section" data-id="SJGMlWWYbbLa" data-time="1702070521194">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="rkXMeZ-YZbUa" data-time="1702070521194">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="SJ4fxbbY--L6" data-time="1702070521194">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="rJrfeWZtWb8T" data-time="1702070521194">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="rk8fe-ZFW-LT" data-time="1702070521194">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="B1PMeW-FWWI6" data-time="1702070521194">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="r1uzxW-FbbU6" data-time="1702070521194">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="SkFGgZWKZbIT" data-time="1702070521194">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="BycGe--YWWUT" data-time="1702070521194">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="ryiGebZYZbLT" data-time="1702070521194">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="BknGe-ZFZ-La" data-time="1702070521194">losses of cash, third party gift cards, and securities;</li> <li class="ps-section" data-id="SkaMgbZtWb8a" data-time="1702070521194">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="SkRMlWbt-ZL6" data-time="1702070521194">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="HkJml-WY-WU6" data-time="1702070521194">losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="HkeQlb-KZZ8T" data-time="1702070521194">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="ry-7e-WFb-UT" data-time="1702070521194">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="SJGXxbZtbZ8p" data-time="1702070521194">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="BJQmlZbtbZLT" data-time="1702070521194">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="rkVQeZZYb-La" data-time="1702070521194">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="rkHmeZbKb-Ip" data-time="1702070521194">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="BJUXx-bK-WIT" data-time="1702070521194">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="rkwQlWZYbZLT" data-time="1702070521194">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="Hy_XgWbYW-86" data-time="1702070521194">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="S1KQgZZYZZ8T" data-time="1702070521194">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and</li> <li class="ps-section" data-id="BJ57eZbtbWIp" data-time="1702070521194">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="B1iXlZZYbZUT" data-time="1702070521194">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="ryhXgZWKbZU6" data-time="1702070521194">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="S16XgW-t-W8T" data-time="1702070521194">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="SJCXgZ-K-bU6" data-time="1702070521194">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="rJ14e-WKbWLT" data-time="1702070521194">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="SyxEeWbFZ-Lp" data-time="1702070521194">e. <u>Handy Merchandise Refund Policy.</u></div><div data-section-type="1" class="ps-section" data-id="BJ-Nl-bY--I6" data-time="1702070521194">i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Handy shall not refund the cost of the Professional Services. Handy shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.</div><div data-section-type="1" class="ps-section" data-id="ByM4xbWKb-UT" data-time="1702070521194">ii. If any Merchandise is broken only in the course of performing the Professional Services, Handy will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Handy shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).</div><div data-section-type="1" class="ps-section" data-id="ryX4e-ZYZZUp" data-time="1702070521194">f. <u>Handy Trust and Support Fee</u> Handy may assess an additional <strong>"Trust and Support Fee"</strong> to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="rkENlWbYbbLa" data-time="1702070521194">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="rJS4x-WF-ZUT" data-time="1702070521194">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="rkU4lb-Y-WLp" data-time="1702070521194">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="BJDVgbbYZZ86" data-time="1702070521194">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="HyONgb-YbbLa" data-time="1702070521194">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="SkYVgb-FbWIp" data-time="1702070521194">h. <u>Dormant Account Service Charge.</u> An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Handy Help Center at www.handy.com/help.</div><div data-section-type="1" class="ps-section" data-id="SJ94l-bKW-La" data-time="1702070521194"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJsEg-WtbZI6" data-time="1702070521194">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="rJhNeb-t-WIa" data-time="1702070521194">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="H16EeZ-FWWLa" data-time="1702070521194">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="S1CNx-WtZb8a" data-time="1702070521194">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="B1yreb-tbWL6" data-time="1702070521194">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="S1eSgZ-YW-Up" data-time="1702070521194">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="HkZBxWbtZZLp" data-time="1702070521194">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="r1MHlbZK-bUa" data-time="1702070521194">(iv) <em>Expiration of Minimum Commitment; AUTOMATIC RENEWAL:</em> Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Handy Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.</div><div data-section-type="1" class="ps-section" data-id="H1O4jJzkC" data-time="1711565615542">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD</em>: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</span></div><div data-section-type="1" class="ps-section" data-id="BkzBiJMJ0" data-time="1711565625894">e. <u>Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Handy's cancellation policy (found at <a href="https://www.handy.com/help">www.handy.com/help</a>) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Handy Platform at any time, subject to the following conditions: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">.</span></div><div data-section-type="1" class="ps-section" data-id="rySHgbWKWbUT" data-time="1702070521194">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="H1Url-bK--IT" data-time="1702070521194">(i) <em>Select Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership ("Handy Select").</div><div data-section-type="1" class="ps-section" data-id="H1PrxWWFb-8a" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="SydHxZbY-ZU6" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="SJFrgZZtWZIT" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="Hk18o1GyC" data-time="1711565638600">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</span></div><div data-section-type="1" class="ps-section" data-id="HksHeWWt-Z86" data-time="1702070521194">(vi) <em>Handy Select Refunds</em>: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="rJnrxW-K-WLp" data-time="1702070521194">(vii) <em>Handy Select Membership Plans/Promotional Trial Memberships</em>: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="rJTrlWZtbZI6" data-time="1702070521194">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="SJArebWFZ-Lp" data-time="1702070521194">(i) <em>Savings Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="ByJUgZbtW-Lp" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="rJgIg-bFbZ8T" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="HJWUebbY-ZIT" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="BkTUoyGJC" data-time="1711565653359">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</span></div><div data-section-type="1" class="ps-section" data-id="BkQIxZ-FZWUa" data-time="1702070521194">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="H1N8lb-F-b8p" data-time="1702070521194"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="B1SLeWWKWZUa" data-time="1702070521194"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="SyU8e-bFZ-Lp" data-time="1702070521194"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="S1v8gZWFW-UT" data-time="1702070521194">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="ry_Lg--tb-8p" data-time="1702070521194">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="r1K8xbWYWbUT" data-time="1702070521194">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="rk98lZZtWZLT" data-time="1702070521194">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="r1sUlZbtbZUT" data-time="1702070521194">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="BJnLeZZYb-UT" data-time="1702070521194">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="S16IlbbYWWIp" data-time="1702070521194">g. Intentionally Omitted.</div><div data-section-type="1" class="ps-section" data-id="SJ0Ieb-Kb-La" data-time="1702070521194">h. Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="SkkvgWbtb-8p" data-time="1702070521194">i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="SyePxWZYZ-L6" data-time="1702070521194">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="HkZwgb-tW-IT" data-time="1702070521194">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="HJGPgb-F-W8a" data-time="1702070521194">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="Sk7vxZbFZZ8a" data-time="1702070521194">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="SJVvebWtZ-8p" data-time="1702070521194">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="ryBDx--t-WUp" data-time="1702070521194">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="rkIvx-bYZ-Ia" data-time="1702070521194">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="ryPwxbZYbbI6" data-time="1702070521194">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="HkdPlbWtZ-Ia" data-time="1702070521194">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="H1Yvx-bK-ZL6" data-time="1702070521194">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="Hy9wxZ-tbWUa" data-time="1702070521194">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="rJoDeZWK--LT" data-time="1702070521194">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="SyhweZZYZZ8a" data-time="1702070521194">v. Alter transmission data without Handy's consent</div><div data-section-type="1" class="ps-section" data-id="SyaPe-btbZ8p" data-time="1702070521194">w. Purchase Merchandise for the purposes of reselling it.</div><div data-section-type="1" class="ps-section" data-id="HkRvlb-KZZU6" data-time="1702070521194"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to connect with independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="S1kOgWZYWZI6" data-time="1702070521194"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hklueb-FZ-UT" data-time="1702070521194">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="Sybue-bFbbU6" data-time="1702070521194">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="ryMugWWF-bLa" data-time="1702070521194">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons</div><div data-section-type="1" class="ps-section" data-id="SyQul-Zt-bIa" data-time="1702070521194">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupons may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="rJNdgb-KWbLT" data-time="1702070521194">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="ByS_l-bY--IT" data-time="1702070521194">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rk8OeWbt-bLp" data-time="1702070521194">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="rkPdxWZtbZL6" data-time="1702070521194">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="HJuOxb-tZ-8a" data-time="1702070521194">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="B1FdgWWFbbLT" data-time="1702070521194">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="Sk5ueZ-tbW8p" data-time="1702070521194">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="ryjOeZbFZZ8T" data-time="1702070521194">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="Sy3_xb-YZZUa" data-time="1702070521194">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="rkTOlb-KW-LT" data-time="1702070521194">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="ryRdxZbKWZUT" data-time="1702070521194">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="HJJtxbWtb-86" data-time="1702070521194">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="BkxtlZWFWZ8a" data-time="1702070521194">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="BkbYxWWY-WU6" data-time="1702070521194">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="SJMFgbZFW-Lp" data-time="1702070521194">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="BkQtxW-KZ-Ip" data-time="1702070521194">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="SyNYeZZtZZIT" data-time="1702070521194">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="BJBFgbWF-bIa" data-time="1702070521194">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="HJ8Kg-bFbZI6" data-time="1702070521194">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="r1PKlWWKb-Ia" data-time="1702070521194">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="HJdYlZZKWZ8T" data-time="1702070521194">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="ByKYx--FWZUa" data-time="1702070521194">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="HkqKe-WKbZIp" data-time="1702070521194"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="https://www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="r1sFg--KZW8p" data-time="1702070521194"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="HyhYlZbtbbL6" data-time="1702070521194">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="r1TteWZY-ZUp" data-time="1702070521194">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="r1RFg--KW-L6" data-time="1702070521194">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="rJk5g-ZYbZLT" data-time="1702070521194">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="rygqe-ZK-bIa" data-time="1702070521194">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="S1-ql-ZYbZUa" data-time="1702070521194">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="HkMqe-WYbbIp" data-time="1702070521194">Email: legal@angi.com</div><div data-section-type="1" class="ps-section" data-id="rk75g-WFb-U6" data-time="1702070521194">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="H1WOoyfyA" data-time="1711565673391">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> </div><div data-section-type="1" class="ps-section" data-id="SklZOi1GyR" data-time="1711565673391">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="rJMbuokfJ0" data-time="1711565673391"><strong style="background-color: initial; font-size: 14px;">12. <u>The App / Mobile Devices</u></strong><br /></div><div data-section-type="1" class="ps-section" data-id="By89xWZF-WU6" data-time="1702070521194">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="BJP5gWbK-bLa" data-time="1702070521194">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="ryd9l-btWZLa" data-time="1702070521194">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="H1Y9gZ-F-ZI6" data-time="1702070521194">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="By99lb-tbW8p" data-time="1702070521194">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Bkjcl-btbZIT" data-time="1702070521194">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="By2cl-WFZZUa" data-time="1702070521194">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rypqlbbKbZUp" data-time="1702070521194">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rJR5gWZYW-UT" data-time="1702070521194">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="H11oe-bK-WU6" data-time="1702070521194">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="HyxogWWYWZL6" data-time="1702070521194">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="rkZjx-bFZ-86" data-time="1702070521194">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="BJMogbWtW-UT" data-time="1702070521194"><strong>13. <u>Handy Spot Rewards.</u></strong> Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.</div><div data-section-type="1" class="ps-section" data-id="S1XoeZZtW-8T" data-time="1702070521194">Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Handy merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Handy's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.</div><div data-section-type="1" class="ps-section" data-id="HJEix-bKbZUp" data-time="1702070521194">Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Handy Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="H1SixW-tbZUp" data-time="1702070521194">You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Handy is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Handy reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Handy reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="ByIjg--KZWL6" data-time="1702070521194"><strong>14. <u>Lockbox and Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJPil--t--Ua" data-time="1702070521194"><strong><u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="SJdjlWZKWbLT" data-time="1702070521194">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="r1Fix--KWbLT" data-time="1702070521194">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="S1csgZWY-bLp" data-time="1702070521194">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="BJjseWZtWW8T" data-time="1702070521194">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Hk2ixb-tZb8p" data-time="1702070521194"><strong><u>Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1pixb-K-WUp" data-time="1702070521194">Handy utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Handy Vault, User agrees (i) to provide Handy with a copy of his or her key(s), (ii) allow Handy to store User's key(s) in a KeyCafe kiosk, (iii) to allow Handy to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Handy Vault, and (v) that Handy employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Handy is not responsible for the loss of User's key(s) during the use of Handy Vault. Upon request through Handy's Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> Handy will mail User's key(s) back within 14 days.</div><div data-section-type="1" class="ps-section" data-id="Hy0oe-ZtbWIa" data-time="1702070521194"><strong>15. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Byy2lWZKZZLT" data-time="1702070521194"><strong>16. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="S1l2eZ-tbW86" data-time="1702070521194"><strong>17. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Syb2lb-FZbUT" data-time="1702070521194">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="H1G2xb-KZWLT" data-time="1702070521194">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY HAPPINESS GUARANTEE. HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="r1mheZ-FWb86" data-time="1702070521194">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. THE HANDY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HANDY IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."</div><div data-section-type="1" class="ps-section" data-id="SyN2xZZtWW8p" data-time="1702070521194">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED, REQUESTED OR OBTAINED THROUGH THE USE OF THE HANDY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER OR MANUFACTURER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="ByBhgbZY-ZUT" data-time="1702070521194">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="SJU3lZ-FWbI6" data-time="1702070521194">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="rkvhlWbKb-U6" data-time="1702070521194">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="rku2xZWtbbUa" data-time="1702070521194">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="HJY3e--KZbIa" data-time="1702070521194"><strong>18.<u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="HJ5hxW-Kb-86" data-time="1702070521194"><strong>19.<u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1oYo1fJA" data-time="1711565698673">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">.</span></div><div data-section-type="1" class="ps-section" data-id="Bk2hl-btZWU6" data-time="1702070521194">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="B1phgb-KZb86" data-time="1702070521194">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="BkRneZWtbWU6" data-time="1702070521194">d.<u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="rJ1ae-bFWb8a" data-time="1702070521194">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="Hye6g-bY--Ia" data-time="1702070521194">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="ry-albZYWZ86" data-time="1702070521194">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="SJfpeW-KW-IT" data-time="1702070521194"><strong>20.<u>Governing Law; Jurisdiction.</u></strong> Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.</div><div data-section-type="1" class="ps-section" data-id="rJXaebZtZb8T" data-time="1702070521194"><strong>21.<u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="BJZajkGk0" data-time="1711565753171"><strong>22.<u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</span></div><div data-section-type="1" class="ps-section" data-id="ByS6eb-FWbL6" data-time="1702070521194"><strong>23.<u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="rkUTg-ZY--La" data-time="1702070521194"><strong>24.<u>Severability</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="HkvpgWWt-Z86" data-time="1702070521194"><strong>25.<u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com" cursorposition="10">legal@angi.com</a> or by mail the below address:</div><div data-section-type="1" class="ps-section" data-id="S1T5syzyA" data-time="1711565716605">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> </div><div data-section-type="1" class="ps-section" data-id="r1l6cokfJ0" data-time="1711565716605">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="B1qae-ZKZZU6" data-time="1702070521194">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="B1j6eW-tZ-8T" data-time="1702070521194">Last updated: <strong>March 27, 2024</strong></div> </div> </div> </div> </div> <div id="contract-id-459888-version-6578a6200ce6cb9f9e24566e" data-vid="6578a6200ce6cb9f9e24566e" class="version-container js-version-container-459888 " style="display: none;"> <div id="version-languages-6578a6200ce6cb9f9e24566e" class="version-translation-container"> <div id="version-6578a6200ce6cb9f9e24566e-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="US Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023  <span class="light">to</span>  March 27th 2024</h5> <a id="download-version-6578a6200ce6cb9f9e24566e-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578a6200ce6cb9f9e24566e.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578a6200ce6cb9f9e24566e"> <div data-section-type="1" class="ps-section" data-id="rJbWt-ZIp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="HklWZFWWLp" data-time="1702070521194"> <center><i>Last updated on January 01, 2023</i></center></div><div data-section-type="1" class="ps-section" data-id="SJbb-KWZLp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="BJzZWKWW8T" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="SkXWWYWWUa" data-time="1702070521194"> <center> TABLE OF CONTENTS</center></div><div data-section-type="1" class="ps-section" data-id="BJ4-btbWUa" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="ryH-ZYZ-8a" data-time="1702070521194"><strong><i>For residents of the State of California</i>, please click <a href="#us_california">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="S1IWbYbZLp" data-time="1702070521194"><strong><i>For residents of all other States</i>, please click <a href="#us_non_california">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="HyPZZFZZ8p" data-time="1702070521194"><br /> <center> Terms of Use / User Agreement for California Residents</center></div><div data-section-type="1" class="ps-section" data-id="SkObWYWWLp" data-time="1702070521194">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="rktWWY--U6" data-time="1702070521194"> <center><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</strong></center></div><div data-section-type="1" class="ps-section" data-id="BJ9ZbFbZIp" data-time="1702070521194">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handy Technologies, Inc. d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="rJsWbKbZ8T" data-time="1702070521194">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="HJ2-Zt-ZLp" data-time="1702070521194">By using the Handy Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="BJp-WYbb8p" data-time="1702070521194">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="BJRbWFWbUa" data-time="1702070521194"> <li class="ps-section" data-id="SyyeZbtZWIa" data-time="1702070521194">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).</li> <li class="ps-section" data-id="B1egbWtbWIT" data-time="1702070521194">Your agreement that no claims can be adjudicated on a class basis (Section 19).</li> <li class="ps-section" data-id="B1-gZWt--Up" data-time="1702070521194">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Handy Platform (Section 3(f)).</li> <li class="ps-section" data-id="SkGebbYWW8T" data-time="1702070521194">Your acknowledgment of and agreement to Handy's dormant account service fees (Section 3(i)).</li> <li class="ps-section" data-id="BkXgbZtbWUp" data-time="1702070521194">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="B1Vgb-KWWUT" data-time="1702070521194">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="HJBl-Zt-b8p" data-time="1702070521194">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).</li> <li class="ps-section" data-id="BJ8x-WYZWLp" data-time="1702070521194">Handy's sole liability with respect to disputes is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="HyPlWbt--Lp" data-time="1702070521194">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li> <li class="ps-section" data-id="ry_gZWFWWIa" data-time="1702070521194">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 18).</li> <li class="ps-section" data-id="B1YeZ-YZZ8T" data-time="1702070521194">Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><div id="screening" data-section-type="1" class="ps-section" data-id="rk5x-ZtWW8a" data-time="1702070521194"><strong>1. <u>Handy Platform; Screening.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1ieZZtZZIa" data-time="1702070521194">a. <u>The Handy Platform.</u> The Handy Platform is a technology platform that makes available certain home services to individuals seeking to obtain home services (“Requesters”) that Handy fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Professionals”). Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong> or <strong>"Jobs"</strong>: Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. As described further in Section 4(e) below, no contractual relationship is created during a negotiation period associated with each Professional Service before a Professional is committed to the Professional Service. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>"Merchandise"</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Merchandise. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="ry2lZbYWZ8T" data-time="1702070521194">b. <u>Screening and Licensing.</u> FOR PROFESSIONALS THAT REGISTER TO USE THE HANDY PLATFORM IN THEIR INDIVIDUAL CAPACITY, HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY, AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE HANDY PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="rkplb-FbWIp" data-time="1702070521194"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryRxbbYW-8p" data-time="1702070521194">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="B11bbbF-ZLp" data-time="1702070521194">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="B1gWWZtWW86" data-time="1702070521194">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="rkZb-bY-b86" data-time="1702070521194">d. <u>Text Messages and Phone Calls.</u></div><div data-section-type="1" class="ps-section" data-id="rkzZWbFZWL6" data-time="1702070521194">(i) General: By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Handy Platform and requesting Professional Services, you are entering into a business relationship with Handy and/or Professionals and thus agree to be contacted by Handy and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="rJ7bZ-tbWLp" data-time="1702070521194">(ii) Recording: You acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes.</div><div id="messaging" data-section-type="1" class="ps-section" data-id="B14Z-WtWWLT" data-time="1702070521194">(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Handy, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Handy reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Handy also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Handy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Handy and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Handy through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Handy and the Service Professionals, your use of Handy Services may be impacted. Handy and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Handy's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.</div><div data-section-type="1" class="ps-section" data-id="BkSZbbYZ-Lp" data-time="1702070521194">(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="rJUZb-KWWLa" data-time="1702070521194">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="H1PWWWtbW8p" data-time="1702070521194"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims; Dormant Account Service Charge.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1_Z--KW-Ia" data-time="1702070521194">a. Payments. Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform <strong>("Payments")</strong>. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="H1K-ZbKb-IT" data-time="1702070521194">b. <u>Price.</u> The base price for a Professional Service paid to Handy (<strong>"Price"</strong>) depends on factors, such as location and, if part of a Recurrent Service, how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein. Additionally, you may reach agreement with the Professional for additional payment above the base Price listed for a Professional Service. Requesters and Professionals are free to negotiate any terms of their agreement, and there will be no penalty to the Professional for declining a Professional Service during an initial Negotiation Period as specified below in Section 4(e). If you and your Professional agree to new job details, you can let Handy know by contacting our support team. We’ll process whatever changes you need in accordance with your agreement with the pro. You can also coordinate booking detail or pay changes directly with the Professional.</div><div data-section-type="1" class="ps-section" data-id="BkcWWbtZ-8T" data-time="1702070521194">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="SksZ-bFWW86" data-time="1702070521194">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="Hy3WbZY-ZUT" data-time="1702070521194">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="BypbWZYbZ86" data-time="1702070521194">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="BkCWZ-tWbLT" data-time="1702070521194">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="H11GbWK-ZUp" data-time="1702070521194">i. The Handy Happiness Guarantee provides certain limited additional protections provided by Handy for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) have the specific Professional Service reperformed or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional's completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="S1gGWWKbZ8a" data-time="1702070521194">ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="Hy-MWZt-W8a" data-time="1702070521194">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HyGMZ-YWWIa" data-time="1702070521194"> <li class="ps-section" data-id="Hy7GbbYWZLa" data-time="1702070521194">The Professional Service is paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="rJ4f--tbZLp" data-time="1702070521194">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="S1rzZWY--Ip" data-time="1702070521194">The Requester has reported the claim within 72 hours of the Professional's completion of the Professional Service;</li> <li class="ps-section" data-id="r1LG--tbWIp" data-time="1702070521194">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="r1wzZ-FZZUT" data-time="1702070521194">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="rydGWWtZW8p" data-time="1702070521194">The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="BkFfb-FWW8T" data-time="1702070521194">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="ByqzWZFZb8a" data-time="1702070521194"> <li class="ps-section" data-id="Skoz--FWZ8T" data-time="1702070521194">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="BknMZWFbZI6" data-time="1702070521194">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SJpG-bKbZUp" data-time="1702070521194">Merchandise;</li> <li class="ps-section" data-id="ByCfbWt-W8T" data-time="1702070521194">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="By17--F--Lp" data-time="1702070521194">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="Syl7-ZF-WUa" data-time="1702070521194">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="HJb7-WtbZUT" data-time="1702070521194">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="H1M7bbtZW8a" data-time="1702070521194">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="BkXmZWtWZUp" data-time="1702070521194">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="ryN7W-K-b8T" data-time="1702070521194">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="ryHmZZFZbLp" data-time="1702070521194">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="rJImbbYZWUa" data-time="1702070521194">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="HJPQW-tZZ8a" data-time="1702070521194">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="B1d7bbKZW8T" data-time="1702070521194">losses of cash, third party gift cards, and securities;</li> <li class="ps-section" data-id="HytQZbYWWLT" data-time="1702070521194">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="HycmbZtb-86" data-time="1702070521194">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="SJoXZZtWbIp" data-time="1702070521194">losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="HkhmWZtZZLT" data-time="1702070521194">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="HyTXZbFbZ8T" data-time="1702070521194">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="rJR7Z-tbbUa" data-time="1702070521194">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="r114WZFbZIT" data-time="1702070521194">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="rJlVZ-FbW8a" data-time="1702070521194">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="S1WEbWKbWIa" data-time="1702070521194">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="HJG4W-Yb-Up" data-time="1702070521194">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="S17NWbKb-Up" data-time="1702070521194">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="SJVE-ZF--Ia" data-time="1702070521194">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="HJH4bWt-ZUa" data-time="1702070521194">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and</li> <li class="ps-section" data-id="S1IVZbFWbLT" data-time="1702070521194">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="r1v4bWtZZLT" data-time="1702070521194">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="B1d4-bFbWI6" data-time="1702070521194">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="rkYEW-tZ-La" data-time="1702070521194">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="Sy5VbWK-WUp" data-time="1702070521194">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="SJjE-bKbW8a" data-time="1702070521194">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="rynVZZFbWIT" data-time="1702070521194">e. <u>Handy Merchandise Refund Policy.</u></div><div data-section-type="1" class="ps-section" data-id="rJ6EbZt-W8T" data-time="1702070521194">i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Handy shall not refund the cost of the Professional Services. Handy shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.</div><div data-section-type="1" class="ps-section" data-id="rkCEWZFWbLp" data-time="1702070521194">ii. If any Merchandise is broken only in the course of performing the Professional Services, Handy will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Handy shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).</div><div data-section-type="1" class="ps-section" data-id="B1yrWZY-bIT" data-time="1702070521194">f. <u>Handy Trust and Support Fee</u> Handy may assess an additional <strong>"Trust and Support Fee"</strong> to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="HyeBWbF-ZLp" data-time="1702070521194">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="SJ-rZbtZWI6" data-time="1702070521194">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="BkfrZZt-W8p" data-time="1702070521194">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="rk7SWZKbZIT" data-time="1702070521194">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="rJVBb-YW-86" data-time="1702070521194">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="rJSr-ZKZbUa" data-time="1702070521194">h. <u>Dormant Account Service Charge.</u> An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Handy Help Center at www.handy.com/help.</div><div data-section-type="1" class="ps-section" data-id="HkIHW-F-ZIT" data-time="1702070521194"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1DBbbt-ZI6" data-time="1702070521194">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="BJdBZ-YZbLa" data-time="1702070521194">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="ryKrZ-KZb8p" data-time="1702070521194">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="ry9rZ-FWW8a" data-time="1702070521194">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="rkjB-bKZZ8T" data-time="1702070521194">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="Hk3SbZYW-86" data-time="1702070521194">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="H1TH-bF-WLT" data-time="1702070521194">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="S1RSWWt-ZIp" data-time="1702070521194">(iv) <em>Expiration of Minimum Commitment; AUTOMATIC RENEWAL:</em> Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Handy Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.</div><div data-section-type="1" class="ps-section" data-id="BJJUZZK-bUT" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD</em>: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</div><div data-section-type="1" class="ps-section" data-id="H1x8WZFb-U6" data-time="1702070521194">e. <u>Negotiation Period; Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Requester agrees and understands that, after requesting a Professional Service (Job) through the Platform, and upon a Professional claiming such Job, Requester and Professional will have a negotiation period in which to discuss any aspect of the Job (the Negotiation Period). During the Negotiation Period, either Professional or Requester can contact Handy and decline or withdraw the request for the Job without penalty. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Job is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Professional and a contractual relationship will be created between Professional and Requester. Professional and Requester may negotiate the terms of their contract, including the Timeframe, Estimated Work Time and Additional Payments, to be different than the base terms first set through the Platform. Unless otherwise agreed between Requester the Professional and communicated to Handy, Requester agrees that the consequence of Professional canceling a Job before or after the expiration of the Negotiation Period shall be as set out in Section 4(h) of this User Agreement. As to Requester, Handy's cancellation policy (found at <a href="https://www.handy.com/help">www.handy.com/help</a>) for specific Professional Services is as follows: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.</div><div data-section-type="1" class="ps-section" data-id="HybLb-FZWLp" data-time="1702070521194">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="SkGLWbY--La" data-time="1702070521194">(i) <em>Select Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership ("Handy Select").</div><div data-section-type="1" class="ps-section" data-id="HyQ8ZZKWZIp" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="H1N8b-K-WIp" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="HkSIWZFZ-Up" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="B1IUZWF-WUa" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</div><div data-section-type="1" class="ps-section" data-id="Byw8-ZtWbUa" data-time="1702070521194">(vi) <em>Handy Select Refunds</em>: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="SJdIW-K-WUa" data-time="1702070521194">(vii) <em>Handy Select Membership Plans/Promotional Trial Memberships</em>: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="Byt8ZbtbbL6" data-time="1702070521194">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="rk98bWtbbU6" data-time="1702070521194">(i) <em>Savings Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="S1jIbWKbbL6" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="BkhU-bK-ZUp" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="Bk6UZWt-ZUa" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="rkAIWZYWbU6" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 101599. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</div><div data-section-type="1" class="ps-section" data-id="By1wWbFbb8a" data-time="1702070521194">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="HkeDb-KWbI6" data-time="1702070521194">i. <u>Right to Withdraw Referrals.</u> Requester agrees and acknowledges that, if Handy determines there is a risk that a Professional will not appear at a Job requested by Requester, Handy retains the right to withdraw its referral to that Professional and may refer the Job to another Professional. If Requester directly arranges with the Professional to complete the Job for which the referral was withdrawn, Requester will promptly notify Handy of this fact.</div><div data-section-type="1" class="ps-section" data-id="rkZDb-tb-8a" data-time="1702070521194"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="BJGDWZF-WIp" data-time="1702070521194"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="rJ7P-bFbbLT" data-time="1702070521194"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="S1EvZWtWWIa" data-time="1702070521194">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="HJSPbWY-W8T" data-time="1702070521194">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="Hk8DZbKbbLp" data-time="1702070521194">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="HkPwWbYZ-86" data-time="1702070521194">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="HJ_D-bYbb8T" data-time="1702070521194">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="SyYw-WK--L6" data-time="1702070521194">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="HJ9DbWKb-8T" data-time="1702070521194">g. Intentionally Omitted.</div><div data-section-type="1" class="ps-section" data-id="SJjw-ZFbb86" data-time="1702070521194">h. Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="Sk2Db-Y-ZLp" data-time="1702070521194">i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="BJTPWbF-ZUT" data-time="1702070521194">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="SyADWbYb-UT" data-time="1702070521194">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="HkJuWZKbWIT" data-time="1702070521194">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="Syl_WZtWWIT" data-time="1702070521194">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="r1WuWbF-WU6" data-time="1702070521194">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="r1G_-WYbZIa" data-time="1702070521194">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="B1XuWbKZWLa" data-time="1702070521194">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="rk4_--YbbUp" data-time="1702070521194">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="SyruZ-K--8T" data-time="1702070521194">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="By8OZbt-bIp" data-time="1702070521194">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="BkP_WZK--IT" data-time="1702070521194">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="Hkdd-ZY--Up" data-time="1702070521194">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="rkFubWYWbLp" data-time="1702070521194">v. Alter transmission data without Handy's consent</div><div data-section-type="1" class="ps-section" data-id="HkcdW-tZ-La" data-time="1702070521194">w. Purchase Merchandise for the purposes of reselling it.</div><div data-section-type="1" class="ps-section" data-id="Byo_ZZKbZL6" data-time="1702070521194"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to obtain certain home services to by completed by independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="SyhOWZYZb8a" data-time="1702070521194"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJadbWFZWIT" data-time="1702070521194">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="Hy0_WWYZ-LT" data-time="1702070521194">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="SJkYbbK--I6" data-time="1702070521194">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons</div><div data-section-type="1" class="ps-section" data-id="H1gF-bYZZ8a" data-time="1702070521194">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupons may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="B1WYZbYWZIT" data-time="1702070521194">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="ByfFWWK-W8T" data-time="1702070521194">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rJXY-bK-bIp" data-time="1702070521194">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="HyEYbWKWbL6" data-time="1702070521194">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="BySFWWYbW8p" data-time="1702070521194">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="HJLtWbFb-L6" data-time="1702070521194">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="r1vtZZtZ-Ip" data-time="1702070521194">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="SydFWWYWWIT" data-time="1702070521194">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="SJttb-K-ZUT" data-time="1702070521194">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="By9F-btbWIT" data-time="1702070521194">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="SksYb-K--LT" data-time="1702070521194">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="rk3t--KZZ86" data-time="1702070521194">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="S1TKWWYWZLa" data-time="1702070521194">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="B10YbZKW-U6" data-time="1702070521194">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="r11qZWFWZUp" data-time="1702070521194">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="ryg9-btZZ8p" data-time="1702070521194">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="HyZcZbYWZ8T" data-time="1702070521194">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="HJzcbWKWZUa" data-time="1702070521194">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="BJm9WbFW-L6" data-time="1702070521194">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="SkEcbZKW-8T" data-time="1702070521194">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="SJS9-WKb-Lp" data-time="1702070521194">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="Hk8qbWK--L6" data-time="1702070521194">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="BJPq--F-WUp" data-time="1702070521194"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="https://www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="r1_9Z-KZZUp" data-time="1702070521194"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="SyK5WZK-WUp" data-time="1702070521194">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="SkccZWFWb8p" data-time="1702070521194">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="SkjcWZKW-Ip" data-time="1702070521194">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="rJ3qZZKWZ86" data-time="1702070521194">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="rJpqWWY-WLa" data-time="1702070521194">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="ByRqZWY-W8T" data-time="1702070521194">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="BJyjb-tbb86" data-time="1702070521194">Email: legal@handy.com</div><div data-section-type="1" class="ps-section" data-id="SJxob-FZbUT" data-time="1702070521194">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="S1bjWWFWZLa" data-time="1702070521194">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> PO Box # 1122<br /> New York, NY 10159</div><div data-section-type="1" class="ps-section" data-id="rJGib-tZb86" data-time="1702070521194"><strong>12. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk7oZZtbZUp" data-time="1702070521194">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="HyVjWbKWbUT" data-time="1702070521194">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="B1SjZWK--Ip" data-time="1702070521194">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="H1IoZWtbbLa" data-time="1702070521194">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="rJvibbKbZIT" data-time="1702070521194">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="B1usWbYWbIT" data-time="1702070521194">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="ryKoZZtW-8p" data-time="1702070521194">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="HJ5ib-Fbb8T" data-time="1702070521194">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SkiiW-Yb-Ua" data-time="1702070521194">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="r1noZZYW-U6" data-time="1702070521194">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="HkToZ-FbWL6" data-time="1702070521194">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="BkCiZWtWZL6" data-time="1702070521194">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="B113bbt--Ip" data-time="1702070521194"><strong>13. <u>Handy Spot Rewards.</u></strong> Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.</div><div data-section-type="1" class="ps-section" data-id="SkghbWtWWLT" data-time="1702070521194">Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Handy merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Handy's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.</div><div data-section-type="1" class="ps-section" data-id="BJb2WWKZbUa" data-time="1702070521194">Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Handy Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="HkG2Z-KWZIa" data-time="1702070521194">You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Handy is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Handy reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Handy reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="ByX3ZWF-WUa" data-time="1702070521194"><strong>14. <u>Lockbox and Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1V2bZt--LT" data-time="1702070521194"><strong><u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="HyBnbWYZbL6" data-time="1702070521194">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="rJLhWZtbbU6" data-time="1702070521194">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="r1v2Z-tb-L6" data-time="1702070521194">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="BJ_hZWYWZIp" data-time="1702070521194">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rJY2bWK--8a" data-time="1702070521194"><strong><u>Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryq3bWYWWU6" data-time="1702070521194">Handy utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Handy Vault, User agrees (i) to provide Handy with a copy of his or her key(s), (ii) allow Handy to store User's key(s) in a KeyCafe kiosk, (iii) to allow Handy to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Handy Vault, and (v) that Handy employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Handy is not responsible for the loss of User's key(s) during the use of Handy Vault. Upon request through Handy's Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> Handy will mail User's key(s) back within 14 days.</div><div data-section-type="1" class="ps-section" data-id="rys3ZbYWbIa" data-time="1702070521194"><strong>15. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BJ23b-tWbUT" data-time="1702070521194"><strong>16. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="HJp3Z-tb-I6" data-time="1702070521194"><strong>17. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJA2bbY-WUp" data-time="1702070521194">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="rk1TZZt-bUa" data-time="1702070521194">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE. HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="r1gp-Zt-ZUa" data-time="1702070521194">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."</div><div data-section-type="1" class="ps-section" data-id="HJ-TbbKbZUp" data-time="1702070521194">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="SkGaWWFbWIa" data-time="1702070521194">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="ByQ6ZbtZbUp" data-time="1702070521194">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="ry4pZWtW-8T" data-time="1702070521194">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="BkB6-bKZ-Up" data-time="1702070521194">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="B1Up-ZF-ZIa" data-time="1702070521194"><strong>18.<u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="H1w6-WFWWUa" data-time="1702070521194"><strong>19.<u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="B1dpWbYWZLp" data-time="1702070521194">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@handy.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, PO Box # 1122, New York, NY 10159.</div><div data-section-type="1" class="ps-section" data-id="BkFTWZt-ZL6" data-time="1702070521194">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="H19pW-YZW8T" data-time="1702070521194">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="Sys6bZKbW8T" data-time="1702070521194">d.<u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="BJh6bbYWZLp" data-time="1702070521194">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="rJTpWZY--L6" data-time="1702070521194">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="B1ApW-YbbLT" data-time="1702070521194">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="B1J0--tZ-Ip" data-time="1702070521194"><strong>20.<u>Governing Law; Jurisdiction.</u></strong> Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.</div><div data-section-type="1" class="ps-section" data-id="rygCbbKZWUp" data-time="1702070521194"><strong>21.<u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="SJWRbZKWZUT" data-time="1702070521194"><strong>22.<u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@handy.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, PO Box # 1122, New York, NY 10159. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</div><div data-section-type="1" class="ps-section" data-id="Hkf0ZZY-b86" data-time="1702070521194"><strong>23.<u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="Sy70ZbY--IT" data-time="1702070521194"><strong>24.<u>Severability</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="SyVAZbYbWIp" data-time="1702070521194"><strong>25.<u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@handy.com</a> or by mail the below address:</div><div data-section-type="1" class="ps-section" data-id="r1BRZ-Yb-Lp" data-time="1702070521194">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> PO Box # 1122<br /> New York, NY 10159</div><div data-section-type="1" class="ps-section" data-id="HkL0WZY-W8p" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="ByPRZZYWW86" data-time="1702070521194">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="HJORZ-FbZIa" data-time="1702070521194">Last updated: <strong>January 01, 2023</strong></div><div data-section-type="1" class="ps-section" data-id="HJKRWZKZWIa" data-time="1702070521194"><br /> <center> Terms of Use / User Agreement (Non-California)</center></div><div data-section-type="1" class="ps-section" data-id="SJ9RWZF-WUp" data-time="1702070521194">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="HyiCWWK-WUT" data-time="1702070521194"> <center><strong>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</strong></center></div><div data-section-type="1" class="ps-section" data-id="S1hRWbFbZLp" data-time="1702070521194">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handy Technologies, Inc. d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="Bk6AZ-tW-LT" data-time="1702070521194">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ryCCbZYZbIT" data-time="1702070521194">By using the Handy Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="ryy1e-btWZUT" data-time="1702070521194">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r1gJe-ZKWWUp" data-time="1702070521194"> <li class="ps-section" data-id="ry-kgW-Yb-Ia" data-time="1702070521194">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).</li> <li class="ps-section" data-id="ByMyeZWFZbI6" data-time="1702070521194">Your agreement that no claims can be adjudicated on a class basis (Section 19).</li> <li class="ps-section" data-id="Sym1xb-tZWLa" data-time="1702070521194">Your agreement that the Handy Platform is provided “as-is” and without warranty (Section 17).</li> <li class="ps-section" data-id="HJ41xZZt-bIT" data-time="1702070521194">Your agreement that the Handy Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 17), with the exception of Handy's Happiness Guarantee (Section 3(d)).</li> <li class="ps-section" data-id="BkSyxWbtZ-LT" data-time="1702070521194">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Handy Platform (Section 3(f)).</li> <li class="ps-section" data-id="H1I1gZZF--U6" data-time="1702070521194">Your acknowledgment of and agreement to Handy's dormant account service fees (Section 3(i)).</li> <li class="ps-section" data-id="rywJxZZFZWUT" data-time="1702070521194">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="BkOyx-WK-bLp" data-time="1702070521194">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="BkFJgZZt-W8T" data-time="1702070521194">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).</li> <li class="ps-section" data-id="HJ51x-ZK--86" data-time="1702070521194">Handy's sole liability with respect to disputes between users is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="Syjyeb-YbbIp" data-time="1702070521194">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li> <li class="ps-section" data-id="H1h1g-WKZWU6" data-time="1702070521194">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 18).</li> <li class="ps-section" data-id="HJT1xZZYZbL6" data-time="1702070521194">Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><div id="screening" data-section-type="1" class="ps-section" data-id="SJAJeWWYbbL6" data-time="1702070521194"><strong>1. <u>The Handy Platform is Solely a Venue for Communications; Screening.</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1kxebZKWWUa" data-time="1702070521194">a. <u>The Handy Platform is Solely a Venue for Communications.</u> The Handy Platform is a communications platform enabling the connection between individuals seeking to obtain home services (“Requesters”) and independent, third-party individuals or entities seeking to provide the services requested (“Professionals”). Requesters and Professionals together are referred to as "Users". HANDY IS A PLATFORM THAT CONNECTS PROFESSIONALS AND REQUESTERS, AND IS NOT A PROVIDER OF HOME SERVICES. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong>: Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>"Merchandise"</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Handy Platform. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="Sygge--tZWIa" data-time="1702070521194">b. <u>Screening and Licensing.</u> FOR PROFESSIONALS THAT REGISTER TO USE THE HANDY PLATFORM IN THEIR INDIVIDUAL CAPACITY, HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY, AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE HANDY PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="Hk-xxb-KZWU6" data-time="1702070521194"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BkMxeZZK-Z8a" data-time="1702070521194">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="rymxxZbtbZUa" data-time="1702070521194">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="rk4ggWZtbWL6" data-time="1702070521194">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="HJSeg-WtWZUa" data-time="1702070521194">d. <u>Text Messages and Phone Calls.</u></div><div data-section-type="1" class="ps-section" data-id="BkIxxZ-t-W86" data-time="1702070521194">(i) General: By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Handy Platform and requesting Professional Services, you are entering into a business relationship with Handy and/or Professionals and thus agree to be contacted by Handy and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time.</div><div data-section-type="1" class="ps-section" data-id="B1vxx-Wtb-8a" data-time="1702070521194">(ii) Recording: You acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy's use and disclosure of this call data for its legitimate business purposes.</div><div id="messaging" data-section-type="1" class="ps-section" data-id="rkuexWWtWZ86" data-time="1702070521194">(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Handy, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Handy reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Handy also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Handy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Handy and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Handy through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Handy and the Service Professionals, your use of Handy Services may be impacted. Handy and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Handy's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.</div><div data-section-type="1" class="ps-section" data-id="rkFxxZWY-b86" data-time="1702070521194">(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="rJ9gxWbKWWLT" data-time="1702070521194">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="SJsllZ-Y-ZLa" data-time="1702070521194"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims; Dormant Account Service Charge.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hy2leb-tWZ86" data-time="1702070521194">a. Payments. Users of the Handy Platform contract for Professional Services directly with other Users. Handy is not a party to any contracts for Professional Services. The Handy Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule certain Professional Services, and make payments for certain Professional Services ("Payments"). Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying Handy. Requesters must notify Handy either by changing the date or hours of the requested Professional Service through the Handy Platform or by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="Bk6ge-WtbZ8p" data-time="1702070521194">b. <u>Price.</u> The price for a Professional Service (<strong>"Price"</strong>) depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.</div><div data-section-type="1" class="ps-section" data-id="r10eebbYbZUa" data-time="1702070521194">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="SJJ-gZbY-Z8p" data-time="1702070521194">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="Sye-x--YW-U6" data-time="1702070521194">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="ByZ-gWbYWbL6" data-time="1702070521194">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="HyMbeZ-FWZLp" data-time="1702070521194">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="S1mZxbbtb-86" data-time="1702070521194">i. The Handy Happiness Guarantee provides certain limited additional protections for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) seek to arrange for the same or a different Professional to redo or fix the work, as appropriate; or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional's completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="rJVZlbWKbZU6" data-time="1702070521194">ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="ryBZgWbKZ-8p" data-time="1702070521194">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="ryLZgZ-YW-U6" data-time="1702070521194"> <li class="ps-section" data-id="ryPZeWbKbZLT" data-time="1702070521194">The Professional Service is agreed to between a Requester and a Professional using the Handy Platform, performed by the Professional hired by the Requester, and paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="r1_WeZZFbZL6" data-time="1702070521194">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="B1KWxW-KbWU6" data-time="1702070521194">The Requester has reported the claim within 72 hours of the Professional's completion of the Professional Service;</li> <li class="ps-section" data-id="S15-e-ZY--IT" data-time="1702070521194">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="ryiWeb-YbbIp" data-time="1702070521194">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="HJ2-lZWFZ-Up" data-time="1702070521194">The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="B1p-xW-t-bIp" data-time="1702070521194">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HkAbg-WFbW8p" data-time="1702070521194"> <li class="ps-section" data-id="HkJflZWK-bUa" data-time="1702070521194">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="B1xGlbZFZWU6" data-time="1702070521194">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SkWMe-WFWbIT" data-time="1702070521194">Merchandise;</li> <li class="ps-section" data-id="SJGMlWWYbbLa" data-time="1702070521194">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="rkXMeZ-YZbUa" data-time="1702070521194">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="SJ4fxbbY--L6" data-time="1702070521194">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="rJrfeWZtWb8T" data-time="1702070521194">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="rk8fe-ZFW-LT" data-time="1702070521194">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="B1PMeW-FWWI6" data-time="1702070521194">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="r1uzxW-FbbU6" data-time="1702070521194">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="SkFGgZWKZbIT" data-time="1702070521194">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="BycGe--YWWUT" data-time="1702070521194">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="ryiGebZYZbLT" data-time="1702070521194">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="BknGe-ZFZ-La" data-time="1702070521194">losses of cash, third party gift cards, and securities;</li> <li class="ps-section" data-id="SkaMgbZtWb8a" data-time="1702070521194">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="SkRMlWbt-ZL6" data-time="1702070521194">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="HkJml-WY-WU6" data-time="1702070521194">losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="HkeQlb-KZZ8T" data-time="1702070521194">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="ry-7e-WFb-UT" data-time="1702070521194">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="SJGXxbZtbZ8p" data-time="1702070521194">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="BJQmlZbtbZLT" data-time="1702070521194">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="rkVQeZZYb-La" data-time="1702070521194">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="rkHmeZbKb-Ip" data-time="1702070521194">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="BJUXx-bK-WIT" data-time="1702070521194">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="rkwQlWZYbZLT" data-time="1702070521194">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="Hy_XgWbYW-86" data-time="1702070521194">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="S1KQgZZYZZ8T" data-time="1702070521194">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and</li> <li class="ps-section" data-id="BJ57eZbtbWIp" data-time="1702070521194">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="B1iXlZZYbZUT" data-time="1702070521194">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="ryhXgZWKbZU6" data-time="1702070521194">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="S16XgW-t-W8T" data-time="1702070521194">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="SJCXgZ-K-bU6" data-time="1702070521194">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="rJ14e-WKbWLT" data-time="1702070521194">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="SyxEeWbFZ-Lp" data-time="1702070521194">e. <u>Handy Merchandise Refund Policy.</u></div><div data-section-type="1" class="ps-section" data-id="BJ-Nl-bY--I6" data-time="1702070521194">i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Handy shall not refund the cost of the Professional Services. Handy shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.</div><div data-section-type="1" class="ps-section" data-id="ByM4xbWKb-UT" data-time="1702070521194">ii. If any Merchandise is broken only in the course of performing the Professional Services, Handy will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Handy shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).</div><div data-section-type="1" class="ps-section" data-id="ryX4e-ZYZZUp" data-time="1702070521194">f. <u>Handy Trust and Support Fee</u> Handy may assess an additional <strong>"Trust and Support Fee"</strong> to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="rkENlWbYbbLa" data-time="1702070521194">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="rJS4x-WF-ZUT" data-time="1702070521194">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="rkU4lb-Y-WLp" data-time="1702070521194">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="BJDVgbbYZZ86" data-time="1702070521194">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="HyONgb-YbbLa" data-time="1702070521194">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="SkYVgb-FbWIp" data-time="1702070521194">h. <u>Dormant Account Service Charge.</u> An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Handy Help Center at www.handy.com/help.</div><div data-section-type="1" class="ps-section" data-id="SJ94l-bKW-La" data-time="1702070521194"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJsEg-WtbZI6" data-time="1702070521194">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="rJhNeb-t-WIa" data-time="1702070521194">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="H16EeZ-FWWLa" data-time="1702070521194">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="S1CNx-WtZb8a" data-time="1702070521194">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="B1yreb-tbWL6" data-time="1702070521194">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="S1eSgZ-YW-Up" data-time="1702070521194">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="HkZBxWbtZZLp" data-time="1702070521194">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="r1MHlbZK-bUa" data-time="1702070521194">(iv) <em>Expiration of Minimum Commitment; AUTOMATIC RENEWAL:</em> Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Handy Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.</div><div data-section-type="1" class="ps-section" data-id="Hy7rxWZKZ-Ia" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD</em>: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</div><div data-section-type="1" class="ps-section" data-id="S14rl--YZbUa" data-time="1702070521194">e. <u>Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Handy's cancellation policy (found at <a href="https://www.handy.com/help">www.handy.com/help</a>) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Handy Platform at any time, subject to the following conditions: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.</div><div data-section-type="1" class="ps-section" data-id="rySHgbWKWbUT" data-time="1702070521194">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="H1Url-bK--IT" data-time="1702070521194">(i) <em>Select Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership ("Handy Select").</div><div data-section-type="1" class="ps-section" data-id="H1PrxWWFb-8a" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="SydHxZbY-ZU6" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="SJFrgZZtWZIT" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="Sy5rgb-t-bIT" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</div><div data-section-type="1" class="ps-section" data-id="HksHeWWt-Z86" data-time="1702070521194">(vi) <em>Handy Select Refunds</em>: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="rJnrxW-K-WLp" data-time="1702070521194">(vii) <em>Handy Select Membership Plans/Promotional Trial Memberships</em>: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="rJTrlWZtbZI6" data-time="1702070521194">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="SJArebWFZ-Lp" data-time="1702070521194">(i) <em>Savings Membership</em>: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="ByJUgZbtW-Lp" data-time="1702070521194">(ii) <em>BILLING AND AUTOMATIC RENEWAL</em>: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="rJgIg-bFbZ8T" data-time="1702070521194">(iii) <em>Cancellation Fees</em>: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="HJWUebbY-ZIT" data-time="1702070521194">(iv) <em>Declination of Payment</em>: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="rkMUlZWK--86" data-time="1702070521194">(v) <em>CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP</em>: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 101599. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</div><div data-section-type="1" class="ps-section" data-id="BkQIxZ-FZWUa" data-time="1702070521194">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="H1N8lb-F-b8p" data-time="1702070521194"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="B1SLeWWKWZUa" data-time="1702070521194"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="SyU8e-bFZ-Lp" data-time="1702070521194"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="S1v8gZWFW-UT" data-time="1702070521194">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="ry_Lg--tb-8p" data-time="1702070521194">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="r1K8xbWYWbUT" data-time="1702070521194">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="rk98lZZtWZLT" data-time="1702070521194">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="r1sUlZbtbZUT" data-time="1702070521194">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="BJnLeZZYb-UT" data-time="1702070521194">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="S16IlbbYWWIp" data-time="1702070521194">g. Intentionally Omitted.</div><div data-section-type="1" class="ps-section" data-id="SJ0Ieb-Kb-La" data-time="1702070521194">h. Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="SkkvgWbtb-8p" data-time="1702070521194">i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="SyePxWZYZ-L6" data-time="1702070521194">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="HkZwgb-tW-IT" data-time="1702070521194">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="HJGPgb-F-W8a" data-time="1702070521194">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="Sk7vxZbFZZ8a" data-time="1702070521194">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="SJVvebWtZ-8p" data-time="1702070521194">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="ryBDx--t-WUp" data-time="1702070521194">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="rkIvx-bYZ-Ia" data-time="1702070521194">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="ryPwxbZYbbI6" data-time="1702070521194">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="HkdPlbWtZ-Ia" data-time="1702070521194">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="H1Yvx-bK-ZL6" data-time="1702070521194">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="Hy9wxZ-tbWUa" data-time="1702070521194">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="rJoDeZWK--LT" data-time="1702070521194">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="SyhweZZYZZ8a" data-time="1702070521194">v. Alter transmission data without Handy's consent</div><div data-section-type="1" class="ps-section" data-id="SyaPe-btbZ8p" data-time="1702070521194">w. Purchase Merchandise for the purposes of reselling it.</div><div data-section-type="1" class="ps-section" data-id="HkRvlb-KZZU6" data-time="1702070521194"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to connect with independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="S1kOgWZYWZI6" data-time="1702070521194"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hklueb-FZ-UT" data-time="1702070521194">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="Sybue-bFbbU6" data-time="1702070521194">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="ryMugWWF-bLa" data-time="1702070521194">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons</div><div data-section-type="1" class="ps-section" data-id="SyQul-Zt-bIa" data-time="1702070521194">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupons may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="rJNdgb-KWbLT" data-time="1702070521194">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="ByS_l-bY--IT" data-time="1702070521194">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rk8OeWbt-bLp" data-time="1702070521194">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="rkPdxWZtbZL6" data-time="1702070521194">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="HJuOxb-tZ-8a" data-time="1702070521194">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="B1FdgWWFbbLT" data-time="1702070521194">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="Sk5ueZ-tbW8p" data-time="1702070521194">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="ryjOeZbFZZ8T" data-time="1702070521194">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="Sy3_xb-YZZUa" data-time="1702070521194">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="rkTOlb-KW-LT" data-time="1702070521194">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="ryRdxZbKWZUT" data-time="1702070521194">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="HJJtxbWtb-86" data-time="1702070521194">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="BkxtlZWFWZ8a" data-time="1702070521194">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="BkbYxWWY-WU6" data-time="1702070521194">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="SJMFgbZFW-Lp" data-time="1702070521194">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="BkQtxW-KZ-Ip" data-time="1702070521194">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="SyNYeZZtZZIT" data-time="1702070521194">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="BJBFgbWF-bIa" data-time="1702070521194">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="HJ8Kg-bFbZI6" data-time="1702070521194">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="r1PKlWWKb-Ia" data-time="1702070521194">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="HJdYlZZKWZ8T" data-time="1702070521194">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="ByKYx--FWZUa" data-time="1702070521194">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="HkqKe-WKbZIp" data-time="1702070521194"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="https://www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="r1sFg--KZW8p" data-time="1702070521194"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="HyhYlZbtbbL6" data-time="1702070521194">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="r1TteWZY-ZUp" data-time="1702070521194">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="r1RFg--KW-L6" data-time="1702070521194">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="rJk5g-ZYbZLT" data-time="1702070521194">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="rygqe-ZK-bIa" data-time="1702070521194">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="S1-ql-ZYbZUa" data-time="1702070521194">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="HkMqe-WYbbIp" data-time="1702070521194">Email: legal@handy.com</div><div data-section-type="1" class="ps-section" data-id="rk75g-WFb-U6" data-time="1702070521194">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="ByE5eZWtZWU6" data-time="1702070521194">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> PO Box # 1122<br /> New York, NY 10159</div><div data-section-type="1" class="ps-section" data-id="HyB5l-WK-WIT" data-time="1702070521194"><strong>12. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="By89xWZF-WU6" data-time="1702070521194">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="BJP5gWbK-bLa" data-time="1702070521194">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="ryd9l-btWZLa" data-time="1702070521194">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="H1Y9gZ-F-ZI6" data-time="1702070521194">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="By99lb-tbW8p" data-time="1702070521194">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Bkjcl-btbZIT" data-time="1702070521194">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="By2cl-WFZZUa" data-time="1702070521194">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rypqlbbKbZUp" data-time="1702070521194">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rJR5gWZYW-UT" data-time="1702070521194">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="H11oe-bK-WU6" data-time="1702070521194">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="HyxogWWYWZL6" data-time="1702070521194">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="rkZjx-bFZ-86" data-time="1702070521194">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="BJMogbWtW-UT" data-time="1702070521194"><strong>13. <u>Handy Spot Rewards.</u></strong> Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.</div><div data-section-type="1" class="ps-section" data-id="S1XoeZZtW-8T" data-time="1702070521194">Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Handy merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Handy's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.</div><div data-section-type="1" class="ps-section" data-id="HJEix-bKbZUp" data-time="1702070521194">Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Handy Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="H1SixW-tbZUp" data-time="1702070521194">You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Handy is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Handy reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Handy reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.</div><div data-section-type="1" class="ps-section" data-id="ByIjg--KZWL6" data-time="1702070521194"><strong>14. <u>Lockbox and Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJPil--t--Ua" data-time="1702070521194"><strong><u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="SJdjlWZKWbLT" data-time="1702070521194">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="r1Fix--KWbLT" data-time="1702070521194">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="S1csgZWY-bLp" data-time="1702070521194">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="BJjseWZtWW8T" data-time="1702070521194">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Hk2ixb-tZb8p" data-time="1702070521194"><strong><u>Handy Vault</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1pixb-K-WUp" data-time="1702070521194">Handy utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Handy Vault, User agrees (i) to provide Handy with a copy of his or her key(s), (ii) allow Handy to store User's key(s) in a KeyCafe kiosk, (iii) to allow Handy to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Handy Vault, and (v) that Handy employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Handy is not responsible for the loss of User's key(s) during the use of Handy Vault. Upon request through Handy's Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> Handy will mail User's key(s) back within 14 days.</div><div data-section-type="1" class="ps-section" data-id="Hy0oe-ZtbWIa" data-time="1702070521194"><strong>15. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Byy2lWZKZZLT" data-time="1702070521194"><strong>16. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="S1l2eZ-tbW86" data-time="1702070521194"><strong>17. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Syb2lb-FZbUT" data-time="1702070521194">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="H1G2xb-KZWLT" data-time="1702070521194">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY HAPPINESS GUARANTEE. HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="r1mheZ-FWb86" data-time="1702070521194">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. THE HANDY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HANDY IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."</div><div data-section-type="1" class="ps-section" data-id="SyN2xZZtWW8p" data-time="1702070521194">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED, REQUESTED OR OBTAINED THROUGH THE USE OF THE HANDY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER OR MANUFACTURER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="ByBhgbZY-ZUT" data-time="1702070521194">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="SJU3lZ-FWbI6" data-time="1702070521194">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="rkvhlWbKb-U6" data-time="1702070521194">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="rku2xZWtbbUa" data-time="1702070521194">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="HJY3e--KZbIa" data-time="1702070521194"><strong>18.<u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="HJ5hxW-Kb-86" data-time="1702070521194"><strong>19.<u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJsneZZKWbLp" data-time="1702070521194">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@handy.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, PO Box # 1122, New York, NY 10159.</div><div data-section-type="1" class="ps-section" data-id="Bk2hl-btZWU6" data-time="1702070521194">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="B1phgb-KZb86" data-time="1702070521194">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="BkRneZWtbWU6" data-time="1702070521194">d.<u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="rJ1ae-bFWb8a" data-time="1702070521194">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="Hye6g-bY--Ia" data-time="1702070521194">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="ry-albZYWZ86" data-time="1702070521194">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="SJfpeW-KW-IT" data-time="1702070521194"><strong>20.<u>Governing Law; Jurisdiction.</u></strong> Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.</div><div data-section-type="1" class="ps-section" data-id="rJXaebZtZb8T" data-time="1702070521194"><strong>21.<u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="Hk46eb-KW-Ip" data-time="1702070521194"><strong>22.<u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@handy.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, PO Box # 1122, New York, NY 10159. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</div><div data-section-type="1" class="ps-section" data-id="ByS6eb-FWbL6" data-time="1702070521194"><strong>23.<u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="rkUTg-ZY--La" data-time="1702070521194"><strong>24.<u>Severability</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="HkvpgWWt-Z86" data-time="1702070521194"><strong>25.<u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@handy.com</a> or by mail the below address:</div><div data-section-type="1" class="ps-section" data-id="r1ualWbtWW8p" data-time="1702070521194">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> PO Box # 1122<br /> New York, NY 10159</div><div data-section-type="1" class="ps-section" data-id="SkF6gb-FZZIp" data-time="1702070521194"><br /></div><div data-section-type="1" class="ps-section" data-id="B1qae-ZKZZU6" data-time="1702070521194">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="B1j6eW-tZ-8T" data-time="1702070521194">Last updated: <strong>January 01, 2023</strong></div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459894" class="contract-container group-item " data-id="459894" data-key="ca-terms-of-use" data-groups="" style="display: none;"> <div class="contract-header"> <h2>CA Terms of Use</h2> <div class="row"> <div class="six columns" id="version-effective-date-459894"> <label for="select-version-459894" class="select-version select-version-label">Version</label> <select name="versions-459894" id="select-version-459894" class="select-version select-version-select input-select"> <option selected value="contract-id-459894-version-668c7029b28a5dd9b925efe5" class="contract-id-459894-version-668c7029b28a5dd9b925efe5" data-version="1.2">Version 1.2  (Current)</option> <option value="contract-id-459894-version-66046c5490761a165b5c6e05" class="contract-id-459894-version-66046c5490761a165b5c6e05" data-version="1.1">Version 1.1</option> <option value="contract-id-459894-version-6578a6ca6f7d02e20e141455" class="contract-id-459894-version-6578a6ca6f7d02e20e141455" data-version="1.0">Version 1.0</option> </select> </div> </div> </div> <div id="contract-versions-459894"> <div id="contract-id-459894-version-668c7029b28a5dd9b925efe5" data-vid="668c7029b28a5dd9b925efe5" class="version-container js-version-container-459894 " style="display: block;"> <div id="version-languages-668c7029b28a5dd9b925efe5" class="version-translation-container"> <div id="version-668c7029b28a5dd9b925efe5-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="CA Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective July 8th 2024</h5> <a id="download-version-668c7029b28a5dd9b925efe5-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/668c7029b28a5dd9b925efe5.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-668c7029b28a5dd9b925efe5"> <div data-section-type="1" class="ps-section" data-id="ryOC8bWIp" data-time="1702069968514"><strong>For Handy's Sweepstakes and Contest Official Rules, please click <a href="https://www.handy.com/sweepstakes">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="rkedR8-W86" data-time="1702069968514">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="BJWO08bbLa" data-time="1702069968514"><strong><u>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 18 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryfORL-b8a" data-time="1702069968514">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handybook Canada ULC, a subsidiary of Handy Technologies, Inc., d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="Hkmd0IZWLa" data-time="1702069968514">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="S1NdR8WZLT" data-time="1702069968514">By using the Handy Platform, you represent and warrant that: (i) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SyBd0I-WIp" data-time="1702069968514">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="S1LO0L-b8a" data-time="1702069968514"> <li class="ps-section" data-id="SJDdCUZbUp" data-time="1702069968514">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 18).</li> <li class="ps-section" data-id="r1O_CUZWLT" data-time="1702069968514">Your agreement that no claims can be adjudicated on a class basis (Section 18).</li> <li class="ps-section" data-id="HJtdRLbbUT" data-time="1702069968514">Your agreement that the Handy Platform is provided "as is" and without warranty (Section 16).</li> <li class="ps-section" data-id="HkqdAIWW8p" data-time="1702069968514">Your agreement that the Handy Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 16), with the exception of Handy's Happiness Guarantee (Section 3(d)).</li> <li class="ps-section" data-id="B1od0L-b8T" data-time="1702069968514">Your agreement that Handy's Happiness Guarantee is limited to Payments paid by Requesters through the Handy Platform (Section 3(d)).</li> <li class="ps-section" data-id="r1hO08--8p" data-time="1702069968514">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service requested through the Handy Platform (Section 3(e)).</li> <li class="ps-section" data-id="H1puC8--86" data-time="1702069968514">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="H1AORI-W86" data-time="1702069968514">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="r11eu0IWZLa" data-time="1702069968514">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 16) and your agreement to the limitation of time within which a claim can be brought (Section 21).</li> <li class="ps-section" data-id="Skeld0L-bLT" data-time="1702069968514">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 17).</li> <li class="ps-section" data-id="S1ZlORUbZLp" data-time="1702069968514">Your consent to any modifications or amendments to this Agreement (Section 22).</li> <li class="ps-section" data-id="HJMxdALZbUp" data-time="1702069968514">Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><ul data-section-type="3" class="ps-section ps-parent" data-id="SJXxORLbWI6" data-time="1702069968514"> <li class="ps-section" data-id="H1Ng_AIZbLa" data-time="1702069968514">Handy's sole liability with respect to disputes is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="HJSeO0IWZUa" data-time="1702069968514">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li></ul><div data-section-type="1" class="ps-section" data-id="SJLguR8WbIT" data-time="1702069968514"><strong>1. The Handy Platform is Solely a Venue for Communications; Background Checks.</strong></div><div data-section-type="1" class="ps-section" data-id="BkvedCIW-I6" data-time="1702069968514">a. <u>The Handy Platform is Solely a Venue for Communications.</u> The Handy Platform is a communications platform for enabling the connection between individuals seeking to obtain home services (“<strong>Requesters</strong>”) and/or individuals seeking to provider the services requested (“<strong>Professionals</strong>"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong>. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>“Merchandise”</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Handy Platform. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="HkdeOC8b-LT" data-time="1702069968514">b. <u>Background Checks.</u> HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES; PROVIDED, HOWEVER, FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states or provinces may require state or province-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable licensing authorities. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONALS' PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="H1tldRL-ZUp" data-time="1702069968514"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk5xdCUbb8p" data-time="1702069968514">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information collected, used, and disclosed hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="ryox_0UZZUT" data-time="1702069968514">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="S1hg_R8-WUT" data-time="1702069968514">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="B1agO08Z-86" data-time="1702069968514">d. <u>Text Messages and Phone Calls.</u> By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time. You may opt-out of receiving all text (SMS) messages from Handy (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Handy Platform or the Services. You also acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy’s use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="rJAguRUZ-I6" data-time="1702069968514">TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="SJy-dA8ZZU6" data-time="1702069968514">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="Skxbd08WbLT" data-time="1702069968514"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJ-bO0U--Ia" data-time="1702069968514">a. Payments. Users of the Handy Platform contract for Professional Services directly with other Users. Handy is not a party to any contracts for Professional Services. The Handy Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services ("<strong>Payments</strong>").Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="BJMZOCIW-8p" data-time="1702069968514">b. <u>Job Rate.</u> The rate for a Professional Service (<strong>"Job Rate"</strong>) as determined by Handy depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.</div><div data-section-type="1" class="ps-section" data-id="r1mbO0LWbLp" data-time="1702069968514">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="HJVWd0LWZ8p" data-time="1702069968514">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="ryH-_0L-W8T" data-time="1702069968514">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="rJ7Yn1G1C" data-time="1711565946658">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</span></div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="H1wZuR8ZZIp" data-time="1702069968514">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="SJdb_CU-b8T" data-time="1702069968514">i. The Handy Happiness Guarantee provides certain limited additional protections provided by Handy for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) have the specific Professional Service reperformed or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to $1,000; or (3) up to $2,500, in the aggregate, for losses arising from theft of a Requester’s property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at www.handy.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional’s completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="B1F-dRUZZL6" data-time="1702069968514">ii. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="Sk9Z_08ZbLT" data-time="1702069968514">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="Bys-_R8b-IT" data-time="1702069968514"> <li class="ps-section" data-id="S13ZOCLWZLT" data-time="1702069968514">The Professional Service is paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="Bkp-uCUb-I6" data-time="1702069968514">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="HkCZO0LWW86" data-time="1702069968514">The Requester has reported the claim within 72 hours of the Professional’s completion of the Professional Service;</li> <li class="ps-section" data-id="rJyMuCLW-Ip" data-time="1702069968514">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="BJxGO08bZUp" data-time="1702069968514">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="HkZz_RI--La" data-time="1702069968514">The Requester has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="SJfGO08-ZLp" data-time="1702069968514">iv. What is excluded from the Handy Happiness Guarantee? The “Handy Happiness Guarantee” does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r1QM_RIZZUT" data-time="1702069968514"> <li class="ps-section" data-id="SJEG_0LZZI6" data-time="1702069968514">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="ryrM_AI-WIa" data-time="1702069968514">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SJLf_CIZbUT" data-time="1702069968514">Merchandise;</li> <li class="ps-section" data-id="ByDf_08bZ8a" data-time="1702069968514">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="HyOfdRL-bL6" data-time="1702069968514">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="HyFfuCLb-Up" data-time="1702069968514">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="BJ5z_ALbWUT" data-time="1702069968514">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="BJsMdAIZWU6" data-time="1702069968514">losses arising from the negligence or miscounduct of a third party;</li> <li class="ps-section" data-id="rk3M_0L-Z8a" data-time="1702069968514">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="r1TGuRLZWIT" data-time="1702069968514">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="SyCfuCL--U6" data-time="1702069968514">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="HkyXu0UWZUp" data-time="1702069968514">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="Sye7_AI-ZI6" data-time="1702069968514">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="r1bXdCU-ZUp" data-time="1702069968514">losses of cash, third party gift cards and securities;</li> <li class="ps-section" data-id="Hyz7uRIb-U6" data-time="1702069968514">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="H1m7_0Ub-UT" data-time="1702069968514">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="ryNQ_AUb-8p" data-time="1702069968514">losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="SyBmdR8-ZIa" data-time="1702069968514">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="S1UQdAIW-86" data-time="1702069968514">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="ByDQdALWZLa" data-time="1702069968514">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="H1d7_CI-ZLp" data-time="1702069968514">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="Byt7d0Ub-U6" data-time="1702069968514">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="B197_CI-bIa" data-time="1702069968514">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="H1jmuAIZWLa" data-time="1702069968514">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="H12mdRL--U6" data-time="1702069968514">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="HJTQ_RLWWUa" data-time="1702069968514">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="HkAQuRLZZ8p" data-time="1702069968514">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation;</li> <li class="ps-section" data-id="rkkVdAIZbL6" data-time="1702069968514">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="ByeEO0LZ-8a" data-time="1702069968514">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="HJW4OALZbI6" data-time="1702069968514">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="S1fEuRIWZ8p" data-time="1702069968514">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="HyQV_C8WZ86" data-time="1702069968514">losses reported by third parties.</li></ul><div data-section-type="1" class="ps-section" data-id="rkENOR8bWUT" data-time="1702069968514">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional’s completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee.We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy’s claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item.</div><div data-section-type="1" class="ps-section" data-id="HyBVuR8bb8T" data-time="1702069968514">If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered.</div><div data-section-type="1" class="ps-section" data-id="SJUNuRL-ZLT" data-time="1702069968514">The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="S1mSegcDR" data-time="1720479803126">Please note that you have a duty to mitigate any damage to your property (e.g. turning water off, securing personal effects, etc.). Failure to mitigate your damages may lead to your inability to seek reimbursement from your insurance carrier or any at-fault party. Please ensure that you document all mitigation efforts.</div><div data-section-type="1" class="ps-section" data-id="HJwVdCUZ-Ia" data-time="1702069968514">e. <u>Handy Trust and Support Fee.</u> Handy may assess an additional "Trust and Support Fee" to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="r1dE_0UZbIp" data-time="1702069968514">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="rkKVuALZW8a" data-time="1702069968514">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="H15N_C8bZLT" data-time="1702069968514">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="ByoEORI--86" data-time="1702069968514">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="BJ2E_CU-WU6" data-time="1702069968514">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="Sk6VdAI-bIp" data-time="1702069968514"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJ0VO08--I6" data-time="1702069968514">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="rk1Bu0LZb86" data-time="1702069968514">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="S1xSO0UZZ8p" data-time="1702069968514">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="HJbr_R8ZZIa" data-time="1702069968514">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="rkzr_CIbbLa" data-time="1702069968514">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="Sy7HOCLb-U6" data-time="1702069968514">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to $150 should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="By4BuR8ZZ8T" data-time="1702069968514">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited amount you are charged. Such credit will be available for your use during the minimum commitment period only as a credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointment that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="SkaFhJz1A" data-time="1711565957135">(iv) <em>Expiration of Minimum Commitment</em>. Once your minimum commitment period is complete, your selected plan will remain active and automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY. (v) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</span></div><div data-section-type="1" class="ps-section" data-id="SJu93kMkR" data-time="1711565968481">e. <u>Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Handy's cancellation policy (found at www.handy.com/help) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Handy Platform at any time, subject to the following conditions: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="ByDSu0LbZUT" data-time="1702069968514">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="rkur_AUbZ8T" data-time="1702069968514">(i) Select Membership: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership (“Handy Select”).</div><div data-section-type="1" class="ps-section" data-id="BktB_0LZb8p" data-time="1702069968514">(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="H1qBO0I--8p" data-time="1702069968514">(iii) Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="rJjBOR8Z-8p" data-time="1702069968514">(iv) Declination of Payment: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="rJGsnyG1C" data-time="1711565978363">(v) (v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</span></div><div data-section-type="1" class="ps-section" data-id="SyxYA8-WLT" data-time="1702069968514">(vi) Handy Select Refunds: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="B1bK0UbbLa" data-time="1702069968514">(vii) Handy Select Membership Plans/Promotional Trial Memberships: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="r1GKCUZbLp" data-time="1702069968514">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="r1XYALb-Ia" data-time="1702069968514">(i) Handy Savings Membership: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="ByVKALbbIp" data-time="1702069968514">(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="rkHKAL-ZLT" data-time="1702069968514">(iii) Cancellation Fees: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="Sy8KCLb-Ia" data-time="1702069968514">(iv) Declination of Payment: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="ry0s2Jz1A" data-time="1711565990210">(v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</span></div><div data-section-type="1" class="ps-section" data-id="SkuY08bZUp" data-time="1702069968514">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="ByFYAU-ZIT" data-time="1702069968514"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="Hk9tR8ZZL6" data-time="1702069968514"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="S1otA8W-Ua" data-time="1702069968514"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="SJ3F08W-U6" data-time="1702069968514">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="rk6YR8WbIT" data-time="1702069968514">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="BJ0KRIZ-Ip" data-time="1702069968514">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="Hy1eY0I-bL6" data-time="1702069968514">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="H1elKAUZW8p" data-time="1702069968514">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, provincial, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="HJWgt0IWZ8a" data-time="1702069968514">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="SJzxFAIZW86" data-time="1702069968514">g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Handy Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Handy Platform without express written permission from us.</div><div data-section-type="1" class="ps-section" data-id="HyXgKAIZZUp" data-time="1702069968514">h. Use the Handy Platform to collect or harvest usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="rkExF08bWUp" data-time="1702069968514">i. Conduct, send or forward e-mail or other electronic communications, including promotions, advertising of products or services, surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="HyHeFRIZW8a" data-time="1702069968514">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="H18lKR8-WIT" data-time="1702069968514">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="B1Dgt08Zb8T" data-time="1702069968514">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="SJ_xFAI-ZI6" data-time="1702069968514">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="HJFeYAL-WLp" data-time="1702069968514">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="H1qxYA8-bI6" data-time="1702069968514">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="SksgY0UWWIT" data-time="1702069968514">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="BynxY0UWZUa" data-time="1702069968514">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="HJaeK0UZWIT" data-time="1702069968514">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of majority, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="r1RgYAUWWLp" data-time="1702069968514">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="H1JbtAUW-UT" data-time="1702069968514">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="BkeWtAL-b86" data-time="1702069968514">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="HkZbYRLZ-Ip" data-time="1702069968514">v. Alter transmission data without Handy’s consent.</div><div data-section-type="1" class="ps-section" data-id="Hkf-K0IWWIT" data-time="1702069968514"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to obtain certain home services that Handy fulfills using independent Professionals. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="ByXbKCIZ-LT" data-time="1702069968514"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ByVbYAIZb86" data-time="1702069968514">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="S1BWYC8Z-U6" data-time="1702069968514">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="r1UbKRIbbUa" data-time="1702069968514">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.</div><div data-section-type="1" class="ps-section" data-id="S1DZt0U-b8T" data-time="1702069968514">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupon may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="rkOWtCIWW8T" data-time="1702069968514">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="HkFbF08W-L6" data-time="1702069968514">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rJqbtRLZZLa" data-time="1702069968514">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of discounts awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="H1jZtCLZZI6" data-time="1702069968514">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="BJ2bKCUZWI6" data-time="1702069968514">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="SJpZYRI--IT" data-time="1702069968514">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="SJCbYC8b-8T" data-time="1702069968514">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="Bk1ftRL-Z8p" data-time="1702069968514">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="BkeMY0LbWLp" data-time="1702069968514">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="HkZzFAIW-Ua" data-time="1702069968514">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="S1MftCLZWUp" data-time="1702069968514">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="B1XftAU-WU6" data-time="1702069968514">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="HJNGKCIW-La" data-time="1702069968514">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="HySfYR8ZWUT" data-time="1702069968514">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="SkIzKAUW-L6" data-time="1702069968514">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="SJDzKA8WWL6" data-time="1702069968514">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="BkuMFALZ-Lp" data-time="1702069968514">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="B1FztCI-WI6" data-time="1702069968514">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="ry5MKRIW-LT" data-time="1702069968514">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="S1oMYR8W-U6" data-time="1702069968514">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="B1hzKRLbW8T" data-time="1702069968514">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a></div><div data-section-type="1" class="ps-section" data-id="BkpztAIb-IT" data-time="1702069968514">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state or province's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state or province's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state or province's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="SyAfKR8WZ8p" data-time="1702069968514"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States and Canadian copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="ryymtAUb-Lp" data-time="1702069968514"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="BJxmFC8-bU6" data-time="1702069968514">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="rJbXFAIbbUT" data-time="1702069968514">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="HJfXFA8b-8a" data-time="1702069968514">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="BJX7FAL-W86" data-time="1702069968514">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="SkNXK0LWWUT" data-time="1702069968514">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="rkHXYA8bZL6" data-time="1702069968514">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="ByLmtAU--I6" data-time="1702069968514">Email: legal@angi.com</div><div data-section-type="1" class="ps-section" data-id="SkvXFCI-WLp" data-time="1702069968514">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="rkD32kGy0" data-time="1711565999118">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> </div><div data-section-type="1" class="ps-section" data-id="BklD2nJGyA" data-time="1711565999118">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="S1Xv2nkGJC" data-time="1711565999118"><br /></div><div data-section-type="1" class="ps-section" data-id="SJKQFRI--Ua" data-time="1702069968514"><strong>12. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJ97FR8b-Ua" data-time="1702069968514">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="H1jmYCIZW8p" data-time="1702069968514">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="SJ3QKAI-ZLT" data-time="1702069968514">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="r1amFAIbZI6" data-time="1702069968514">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="HJRQYCU--86" data-time="1702069968514">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Skk4FALWWU6" data-time="1702069968514">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="rJg4YA8Z-I6" data-time="1702069968514">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SJbVFCU-b8p" data-time="1702069968514">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="S1M4FCI-b8T" data-time="1702069968514">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="HJ7NYCLZZLp" data-time="1702069968514">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="SkENF0UWWI6" data-time="1702069968514">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="H1SNYC8WbLp" data-time="1702069968514">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SyL4KAL-b8T" data-time="1702069968514"><strong>13. <u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="Skv4FAIZWLT" data-time="1702069968514">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="S1_4K0LWb8p" data-time="1702069968514">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="SkKVt08b-U6" data-time="1702069968514">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="B1cVt0Ub-8p" data-time="1702069968514">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="H1jNYALWbU6" data-time="1702069968514"><strong>14. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Sy3NFALZZL6" data-time="1702069968514"><strong>15. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="Bka4Y08WWUT" data-time="1702069968514"><strong>16. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BkANtRLZ-U6" data-time="1702069968514">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM. NEITHER HANDY NOR ITS AFFILIATES, SUBSIDIARIES, PARENTS OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="r1kHYA8WZU6" data-time="1702069968514">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="BJxSKR8Z-Up" data-time="1702069968514">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. THE HANDY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HANDY IS NOT INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.</div><div data-section-type="1" class="ps-section" data-id="BJZStR8bb8p" data-time="1702069968514">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE HANDY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="SJfrt08ZbUa" data-time="1702069968514">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="ry7HFAUbWLa" data-time="1702069968514">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="r1VrtRI--Up" data-time="1702069968514">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="S1SBtR8b-8a" data-time="1702069968514">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="rk8rt08-WIa" data-time="1702069968514"><strong>17. <u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="rkDHYALWbLT" data-time="1702069968514"><strong>18. <u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ry-ankGyA" data-time="1711566009159">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">.</span></div><div data-section-type="1" class="ps-section" data-id="HkFrtC8--La" data-time="1702069968514">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="BJcBFRLWbLa" data-time="1702069968514">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="BJorKRIZZL6" data-time="1702069968514">d. <u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="r1nHYCLbZIp" data-time="1702069968514">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="BJpStRUW-Ip" data-time="1702069968514">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="SyRHFCUZWI6" data-time="1702069968514">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this Section 18 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="rk1LF0UWWIp" data-time="1702069968514"><strong>19. <u>Governing Law; Jurisdiction.</u></strong> Except where required otherwise by law, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.</div><div data-section-type="1" class="ps-section" data-id="S1g8t0UWbIp" data-time="1702069968514"><strong>20. <u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="HJTpn1fy0" data-time="1711566020650"><strong>21. <u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color:initial">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color:initial">. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</span></div><div data-section-type="1" class="ps-section" data-id="B1GLKCUWZLp" data-time="1702069968514"><strong>22. <u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="Hy7IFAIWWUT" data-time="1702069968514"><strong>23. <u>Severability.</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="SJE8tAIWWI6" data-time="1702069968514"><strong>24. <u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@angi.com</a> or by mail at the below address:</div><div data-section-type="1" class="ps-section" data-id="SJECnJfkC" data-time="1711566028074">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> </div><div data-section-type="1" class="ps-section" data-id="HkgNR2yG10" data-time="1711566028074">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="S1DUtAUbbLT" data-time="1702069968514">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="ry_Lt0Ib-Ia" data-time="1702069968514">Last updated: <strong cursorposition="12">July 8, 2024</strong></div> </div> </div> </div> </div> <div id="contract-id-459894-version-66046c5490761a165b5c6e05" data-vid="66046c5490761a165b5c6e05" class="version-container js-version-container-459894 " style="display: none;"> <div id="version-languages-66046c5490761a165b5c6e05" class="version-translation-container"> <div id="version-66046c5490761a165b5c6e05-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="CA Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective March 27th 2024  <span class="light">to</span>  July 8th 2024</h5> <a id="download-version-66046c5490761a165b5c6e05-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/66046c5490761a165b5c6e05.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-66046c5490761a165b5c6e05"> <div data-section-type="1" class="ps-section" data-id="ryOC8bWIp" data-time="1702069968514"><strong>For Handy's Sweepstakes and Contest Official Rules, please click <a href="https://www.handy.com/sweepstakes">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="rkedR8-W86" data-time="1702069968514">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="BJWO08bbLa" data-time="1702069968514"><strong><u>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 18 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryfORL-b8a" data-time="1702069968514">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handybook Canada ULC, a subsidiary of Handy Technologies, Inc., d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="Hkmd0IZWLa" data-time="1702069968514">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="S1NdR8WZLT" data-time="1702069968514">By using the Handy Platform, you represent and warrant that: (i) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SyBd0I-WIp" data-time="1702069968514">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="S1LO0L-b8a" data-time="1702069968514"> <li class="ps-section" data-id="SJDdCUZbUp" data-time="1702069968514">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 18).</li> <li class="ps-section" data-id="r1O_CUZWLT" data-time="1702069968514">Your agreement that no claims can be adjudicated on a class basis (Section 18).</li> <li class="ps-section" data-id="HJtdRLbbUT" data-time="1702069968514">Your agreement that the Handy Platform is provided "as is" and without warranty (Section 16).</li> <li class="ps-section" data-id="HkqdAIWW8p" data-time="1702069968514">Your agreement that the Handy Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 16), with the exception of Handy's Happiness Guarantee (Section 3(d)).</li> <li class="ps-section" data-id="B1od0L-b8T" data-time="1702069968514">Your agreement that Handy's Happiness Guarantee is limited to Payments paid by Requesters through the Handy Platform (Section 3(d)).</li> <li class="ps-section" data-id="r1hO08--8p" data-time="1702069968514">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service requested through the Handy Platform (Section 3(e)).</li> <li class="ps-section" data-id="H1puC8--86" data-time="1702069968514">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="H1AORI-W86" data-time="1702069968514">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="r11eu0IWZLa" data-time="1702069968514">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 16) and your agreement to the limitation of time within which a claim can be brought (Section 21).</li> <li class="ps-section" data-id="Skeld0L-bLT" data-time="1702069968514">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 17).</li> <li class="ps-section" data-id="S1ZlORUbZLp" data-time="1702069968514">Your consent to any modifications or amendments to this Agreement (Section 22).</li> <li class="ps-section" data-id="HJMxdALZbUp" data-time="1702069968514">Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><ul data-section-type="3" class="ps-section ps-parent" data-id="SJXxORLbWI6" data-time="1702069968514"> <li class="ps-section" data-id="H1Ng_AIZbLa" data-time="1702069968514">Handy's sole liability with respect to disputes is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="HJSeO0IWZUa" data-time="1702069968514">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li></ul><div data-section-type="1" class="ps-section" data-id="SJLguR8WbIT" data-time="1702069968514"><strong>1. The Handy Platform is Solely a Venue for Communications; Background Checks.</strong></div><div data-section-type="1" class="ps-section" data-id="BkvedCIW-I6" data-time="1702069968514">a. <u>The Handy Platform is Solely a Venue for Communications.</u> The Handy Platform is a communications platform for enabling the connection between individuals seeking to obtain home services (“<strong>Requesters</strong>”) and/or individuals seeking to provider the services requested (“<strong>Professionals</strong>"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong>. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>“Merchandise”</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Handy Platform. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="HkdeOC8b-LT" data-time="1702069968514">b. <u>Background Checks.</u> HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES; PROVIDED, HOWEVER, FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states or provinces may require state or province-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable licensing authorities. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONALS' PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="H1tldRL-ZUp" data-time="1702069968514"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk5xdCUbb8p" data-time="1702069968514">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information collected, used, and disclosed hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="ryox_0UZZUT" data-time="1702069968514">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="S1hg_R8-WUT" data-time="1702069968514">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="B1agO08Z-86" data-time="1702069968514">d. <u>Text Messages and Phone Calls.</u> By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time. You may opt-out of receiving all text (SMS) messages from Handy (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Handy Platform or the Services. You also acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy’s use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="rJAguRUZ-I6" data-time="1702069968514">TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="SJy-dA8ZZU6" data-time="1702069968514">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="Skxbd08WbLT" data-time="1702069968514"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJ-bO0U--Ia" data-time="1702069968514">a. Payments. Users of the Handy Platform contract for Professional Services directly with other Users. Handy is not a party to any contracts for Professional Services. The Handy Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services ("<strong>Payments</strong>").Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="BJMZOCIW-8p" data-time="1702069968514">b. <u>Job Rate.</u> The rate for a Professional Service (<strong>"Job Rate"</strong>) as determined by Handy depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.</div><div data-section-type="1" class="ps-section" data-id="r1mbO0LWbLp" data-time="1702069968514">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="HJVWd0LWZ8p" data-time="1702069968514">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="ryH-_0L-W8T" data-time="1702069968514">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="rJ7Yn1G1C" data-time="1711565946658">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</span></div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="H1wZuR8ZZIp" data-time="1702069968514">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="SJdb_CU-b8T" data-time="1702069968514">i. The Handy Happiness Guarantee provides certain limited additional protections provided by Handy for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) have the specific Professional Service reperformed or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to $1,000; or (3) up to $2,500, in the aggregate, for losses arising from theft of a Requester’s property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at www.handy.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional’s completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="B1F-dRUZZL6" data-time="1702069968514">ii. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="Sk9Z_08ZbLT" data-time="1702069968514">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="Bys-_R8b-IT" data-time="1702069968514"> <li class="ps-section" data-id="S13ZOCLWZLT" data-time="1702069968514">The Professional Service is paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="Bkp-uCUb-I6" data-time="1702069968514">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="HkCZO0LWW86" data-time="1702069968514">The Requester has reported the claim within 72 hours of the Professional’s completion of the Professional Service;</li> <li class="ps-section" data-id="rJyMuCLW-Ip" data-time="1702069968514">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="BJxGO08bZUp" data-time="1702069968514">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="HkZz_RI--La" data-time="1702069968514">The Requester has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="SJfGO08-ZLp" data-time="1702069968514">iv. What is excluded from the Handy Happiness Guarantee? The “Handy Happiness Guarantee” does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r1QM_RIZZUT" data-time="1702069968514"> <li class="ps-section" data-id="SJEG_0LZZI6" data-time="1702069968514">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="ryrM_AI-WIa" data-time="1702069968514">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SJLf_CIZbUT" data-time="1702069968514">Merchandise;</li> <li class="ps-section" data-id="ByDf_08bZ8a" data-time="1702069968514">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="HyOfdRL-bL6" data-time="1702069968514">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="HyFfuCLb-Up" data-time="1702069968514">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="BJ5z_ALbWUT" data-time="1702069968514">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="BJsMdAIZWU6" data-time="1702069968514">losses arising from the negligence or miscounduct of a third party;</li> <li class="ps-section" data-id="rk3M_0L-Z8a" data-time="1702069968514">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="r1TGuRLZWIT" data-time="1702069968514">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="SyCfuCL--U6" data-time="1702069968514">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="HkyXu0UWZUp" data-time="1702069968514">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="Sye7_AI-ZI6" data-time="1702069968514">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="r1bXdCU-ZUp" data-time="1702069968514">losses of cash, third party gift cards and securities;</li> <li class="ps-section" data-id="Hyz7uRIb-U6" data-time="1702069968514">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="H1m7_0Ub-UT" data-time="1702069968514">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="ryNQ_AUb-8p" data-time="1702069968514">losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="SyBmdR8-ZIa" data-time="1702069968514">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="S1UQdAIW-86" data-time="1702069968514">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="ByDQdALWZLa" data-time="1702069968514">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="H1d7_CI-ZLp" data-time="1702069968514">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="Byt7d0Ub-U6" data-time="1702069968514">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="B197_CI-bIa" data-time="1702069968514">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="H1jmuAIZWLa" data-time="1702069968514">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="H12mdRL--U6" data-time="1702069968514">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="HJTQ_RLWWUa" data-time="1702069968514">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="HkAQuRLZZ8p" data-time="1702069968514">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation;</li> <li class="ps-section" data-id="rkkVdAIZbL6" data-time="1702069968514">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="ByeEO0LZ-8a" data-time="1702069968514">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="HJW4OALZbI6" data-time="1702069968514">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="S1fEuRIWZ8p" data-time="1702069968514">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="HyQV_C8WZ86" data-time="1702069968514">losses reported by third parties.</li></ul><div data-section-type="1" class="ps-section" data-id="rkENOR8bWUT" data-time="1702069968514">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional’s completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee.We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy’s claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item.</div><div data-section-type="1" class="ps-section" data-id="HyBVuR8bb8T" data-time="1702069968514">If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered.</div><div data-section-type="1" class="ps-section" data-id="SJUNuRL-ZLT" data-time="1702069968514">The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="HJwVdCUZ-Ia" data-time="1702069968514">e. <u>Handy Trust and Support Fee.</u> Handy may assess an additional "Trust and Support Fee" to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="r1dE_0UZbIp" data-time="1702069968514">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="rkKVuALZW8a" data-time="1702069968514">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="H15N_C8bZLT" data-time="1702069968514">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="ByoEORI--86" data-time="1702069968514">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="BJ2E_CU-WU6" data-time="1702069968514">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="Sk6VdAI-bIp" data-time="1702069968514"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJ0VO08--I6" data-time="1702069968514">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="rk1Bu0LZb86" data-time="1702069968514">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="S1xSO0UZZ8p" data-time="1702069968514">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="HJbr_R8ZZIa" data-time="1702069968514">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="rkzr_CIbbLa" data-time="1702069968514">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="Sy7HOCLb-U6" data-time="1702069968514">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to $150 should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="By4BuR8ZZ8T" data-time="1702069968514">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited amount you are charged. Such credit will be available for your use during the minimum commitment period only as a credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointment that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="SkaFhJz1A" data-time="1711565957135">(iv) <em>Expiration of Minimum Commitment</em>. Once your minimum commitment period is complete, your selected plan will remain active and automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY. (v) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</span></div><div data-section-type="1" class="ps-section" data-id="SJu93kMkR" data-time="1711565968481">e. <u>Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Handy's cancellation policy (found at www.handy.com/help) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Handy Platform at any time, subject to the following conditions: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">.</span></div><div data-section-type="1" class="ps-section" data-id="ByDSu0LbZUT" data-time="1702069968514">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="rkur_AUbZ8T" data-time="1702069968514">(i) Select Membership: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership (“Handy Select”).</div><div data-section-type="1" class="ps-section" data-id="BktB_0LZb8p" data-time="1702069968514">(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="H1qBO0I--8p" data-time="1702069968514">(iii) Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="rJjBOR8Z-8p" data-time="1702069968514">(iv) Declination of Payment: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="rJGsnyG1C" data-time="1711565978363">(v) (v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</span></div><div data-section-type="1" class="ps-section" data-id="SyxYA8-WLT" data-time="1702069968514">(vi) Handy Select Refunds: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="B1bK0UbbLa" data-time="1702069968514">(vii) Handy Select Membership Plans/Promotional Trial Memberships: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="r1GKCUZbLp" data-time="1702069968514">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="r1XYALb-Ia" data-time="1702069968514">(i) Handy Savings Membership: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="ByVKALbbIp" data-time="1702069968514">(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="rkHKAL-ZLT" data-time="1702069968514">(iii) Cancellation Fees: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="Sy8KCLb-Ia" data-time="1702069968514">(iv) Declination of Payment: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="ry0s2Jz1A" data-time="1711565990210">(v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</span></div><div data-section-type="1" class="ps-section" data-id="SkuY08bZUp" data-time="1702069968514">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="ByFYAU-ZIT" data-time="1702069968514"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="Hk9tR8ZZL6" data-time="1702069968514"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="S1otA8W-Ua" data-time="1702069968514"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="SJ3F08W-U6" data-time="1702069968514">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="rk6YR8WbIT" data-time="1702069968514">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="BJ0KRIZ-Ip" data-time="1702069968514">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="Hy1eY0I-bL6" data-time="1702069968514">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="H1elKAUZW8p" data-time="1702069968514">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, provincial, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="HJWgt0IWZ8a" data-time="1702069968514">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="SJzxFAIZW86" data-time="1702069968514">g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Handy Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Handy Platform without express written permission from us.</div><div data-section-type="1" class="ps-section" data-id="HyXgKAIZZUp" data-time="1702069968514">h. Use the Handy Platform to collect or harvest usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="rkExF08bWUp" data-time="1702069968514">i. Conduct, send or forward e-mail or other electronic communications, including promotions, advertising of products or services, surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="HyHeFRIZW8a" data-time="1702069968514">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="H18lKR8-WIT" data-time="1702069968514">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="B1Dgt08Zb8T" data-time="1702069968514">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="SJ_xFAI-ZI6" data-time="1702069968514">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="HJFeYAL-WLp" data-time="1702069968514">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="H1qxYA8-bI6" data-time="1702069968514">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="SksgY0UWWIT" data-time="1702069968514">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="BynxY0UWZUa" data-time="1702069968514">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="HJaeK0UZWIT" data-time="1702069968514">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of majority, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="r1RgYAUWWLp" data-time="1702069968514">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="H1JbtAUW-UT" data-time="1702069968514">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="BkeWtAL-b86" data-time="1702069968514">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="HkZbYRLZ-Ip" data-time="1702069968514">v. Alter transmission data without Handy’s consent.</div><div data-section-type="1" class="ps-section" data-id="Hkf-K0IWWIT" data-time="1702069968514"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to obtain certain home services that Handy fulfills using independent Professionals. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="ByXbKCIZ-LT" data-time="1702069968514"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ByVbYAIZb86" data-time="1702069968514">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="S1BWYC8Z-U6" data-time="1702069968514">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="r1UbKRIbbUa" data-time="1702069968514">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.</div><div data-section-type="1" class="ps-section" data-id="S1DZt0U-b8T" data-time="1702069968514">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupon may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="rkOWtCIWW8T" data-time="1702069968514">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="HkFbF08W-L6" data-time="1702069968514">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rJqbtRLZZLa" data-time="1702069968514">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of discounts awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="H1jZtCLZZI6" data-time="1702069968514">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="BJ2bKCUZWI6" data-time="1702069968514">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="SJpZYRI--IT" data-time="1702069968514">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="SJCbYC8b-8T" data-time="1702069968514">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="Bk1ftRL-Z8p" data-time="1702069968514">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="BkeMY0LbWLp" data-time="1702069968514">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="HkZzFAIW-Ua" data-time="1702069968514">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="S1MftCLZWUp" data-time="1702069968514">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="B1XftAU-WU6" data-time="1702069968514">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="HJNGKCIW-La" data-time="1702069968514">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="HySfYR8ZWUT" data-time="1702069968514">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="SkIzKAUW-L6" data-time="1702069968514">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="SJDzKA8WWL6" data-time="1702069968514">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="BkuMFALZ-Lp" data-time="1702069968514">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="B1FztCI-WI6" data-time="1702069968514">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="ry5MKRIW-LT" data-time="1702069968514">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="S1oMYR8W-U6" data-time="1702069968514">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="B1hzKRLbW8T" data-time="1702069968514">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a></div><div data-section-type="1" class="ps-section" data-id="BkpztAIb-IT" data-time="1702069968514">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state or province's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state or province's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state or province's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="SyAfKR8WZ8p" data-time="1702069968514"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States and Canadian copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="ryymtAUb-Lp" data-time="1702069968514"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="BJxmFC8-bU6" data-time="1702069968514">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="rJbXFAIbbUT" data-time="1702069968514">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="HJfXFA8b-8a" data-time="1702069968514">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="BJX7FAL-W86" data-time="1702069968514">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="SkNXK0LWWUT" data-time="1702069968514">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="rkHXYA8bZL6" data-time="1702069968514">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="ByLmtAU--I6" data-time="1702069968514">Email: legal@angi.com</div><div data-section-type="1" class="ps-section" data-id="SkvXFCI-WLp" data-time="1702069968514">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="rkD32kGy0" data-time="1711565999118">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> </div><div data-section-type="1" class="ps-section" data-id="BklD2nJGyA" data-time="1711565999118">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="S1Xv2nkGJC" data-time="1711565999118"><br /></div><div data-section-type="1" class="ps-section" data-id="SJKQFRI--Ua" data-time="1702069968514"><strong>12. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJ97FR8b-Ua" data-time="1702069968514">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="H1jmYCIZW8p" data-time="1702069968514">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="SJ3QKAI-ZLT" data-time="1702069968514">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="r1amFAIbZI6" data-time="1702069968514">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="HJRQYCU--86" data-time="1702069968514">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Skk4FALWWU6" data-time="1702069968514">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="rJg4YA8Z-I6" data-time="1702069968514">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SJbVFCU-b8p" data-time="1702069968514">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="S1M4FCI-b8T" data-time="1702069968514">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="HJ7NYCLZZLp" data-time="1702069968514">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="SkENF0UWWI6" data-time="1702069968514">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="H1SNYC8WbLp" data-time="1702069968514">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SyL4KAL-b8T" data-time="1702069968514"><strong>13. <u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="Skv4FAIZWLT" data-time="1702069968514">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="S1_4K0LWb8p" data-time="1702069968514">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="SkKVt08b-U6" data-time="1702069968514">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="B1cVt0Ub-8p" data-time="1702069968514">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="H1jNYALWbU6" data-time="1702069968514"><strong>14. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Sy3NFALZZL6" data-time="1702069968514"><strong>15. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="Bka4Y08WWUT" data-time="1702069968514"><strong>16. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BkANtRLZ-U6" data-time="1702069968514">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM. NEITHER HANDY NOR ITS AFFILIATES, SUBSIDIARIES, PARENTS OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="r1kHYA8WZU6" data-time="1702069968514">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="BJxSKR8Z-Up" data-time="1702069968514">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. THE HANDY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HANDY IS NOT INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.</div><div data-section-type="1" class="ps-section" data-id="BJZStR8bb8p" data-time="1702069968514">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE HANDY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="SJfrt08ZbUa" data-time="1702069968514">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="ry7HFAUbWLa" data-time="1702069968514">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="r1VrtRI--Up" data-time="1702069968514">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="S1SBtR8b-8a" data-time="1702069968514">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="rk8rt08-WIa" data-time="1702069968514"><strong>17. <u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="rkDHYALWbLT" data-time="1702069968514"><strong>18. <u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ry-ankGyA" data-time="1711566009159">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">.</span></div><div data-section-type="1" class="ps-section" data-id="HkFrtC8--La" data-time="1702069968514">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="BJcBFRLWbLa" data-time="1702069968514">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="BJorKRIZZL6" data-time="1702069968514">d. <u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="r1nHYCLbZIp" data-time="1702069968514">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="BJpStRUW-Ip" data-time="1702069968514">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="SyRHFCUZWI6" data-time="1702069968514">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this Section 18 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="rk1LF0UWWIp" data-time="1702069968514"><strong>19. <u>Governing Law; Jurisdiction.</u></strong> Except where required otherwise by law, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.</div><div data-section-type="1" class="ps-section" data-id="S1g8t0UWbIp" data-time="1702069968514"><strong>20. <u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="HJTpn1fy0" data-time="1711566020650" cursorposition="1683"><strong>21. <u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@angi.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, <span style="background-color: initial;">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</span><span style="background-color: initial;">. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</span></div><div data-section-type="1" class="ps-section" data-id="B1GLKCUWZLp" data-time="1702069968514"><strong>22. <u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="Hy7IFAIWWUT" data-time="1702069968514"><strong>23. <u>Severability.</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="SJE8tAIWWI6" data-time="1702069968514"><strong>24. <u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@angi.com</a> or by mail at the below address:</div><div data-section-type="1" class="ps-section" data-id="SJECnJfkC" data-time="1711566028074">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> </div><div data-section-type="1" class="ps-section" data-id="HkgNR2yG10" data-time="1711566028074">130 E. Washington St., Ste. 1100, Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="S1DUtAUbbLT" data-time="1702069968514">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="ry_Lt0Ib-Ia" data-time="1702069968514">Last updated: <strong>November 27, 2023</strong></div> </div> </div> </div> </div> <div id="contract-id-459894-version-6578a6ca6f7d02e20e141455" data-vid="6578a6ca6f7d02e20e141455" class="version-container js-version-container-459894 " style="display: none;"> <div id="version-languages-6578a6ca6f7d02e20e141455" class="version-translation-container"> <div id="version-6578a6ca6f7d02e20e141455-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="CA Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023  <span class="light">to</span>  March 27th 2024</h5> <a id="download-version-6578a6ca6f7d02e20e141455-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578a6ca6f7d02e20e141455.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578a6ca6f7d02e20e141455"> <div data-section-type="1" class="ps-section" data-id="ryOC8bWIp" data-time="1702069968514"><strong>For Handy's Sweepstakes and Contest Official Rules, please click <a href="https://www.handy.com/sweepstakes">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="rkedR8-W86" data-time="1702069968514">These Terms of Use, together with the privacy policy available at <a href="https://www.handy.com/privacy">www.handy.com/privacy</a> (<strong>"Privacy Policy"</strong>) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the <strong>"Agreement"</strong>.</div><div data-section-type="1" class="ps-section" data-id="BJWO08bbLa" data-time="1702069968514"><strong><u>IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 18 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).</u></strong></div><div data-section-type="1" class="ps-section" data-id="ryfORL-b8a" data-time="1702069968514">This Agreement constitutes a legal agreement between you (<strong>"you"</strong> or <strong>"User"</strong>) and Handybook Canada ULC, a subsidiary of Handy Technologies, Inc., d/b/a Handy and its affiliates, parents, and subsidiaries (collectively, <strong>"Handy"</strong> or <strong>"us"</strong>). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at <a href="https://www.handy.com">www.handy.com</a>, as it may be modified, relocated and/or redirected from time to time (the <strong>"Site"</strong>), and the mobile applications offered by us (the <strong>"Apps"</strong>). Our services, platform, Site and Apps are collectively referred to as the <strong>"Handy Platform"</strong>.</div><div data-section-type="1" class="ps-section" data-id="Hkmd0IZWLa" data-time="1702069968514">By accessing, using or registering with the Handy Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Handy Platform. Handy's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="S1NdR8WZLT" data-time="1702069968514">By using the Handy Platform, you represent and warrant that: (i) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.</div><div data-section-type="1" class="ps-section" data-id="SyBd0I-WIp" data-time="1702069968514">To the extent permitted and except where prohibited by applicable law, these Terms of Use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="S1LO0L-b8a" data-time="1702069968514"> <li class="ps-section" data-id="SJDdCUZbUp" data-time="1702069968514">Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 18).</li> <li class="ps-section" data-id="r1O_CUZWLT" data-time="1702069968514">Your agreement that no claims can be adjudicated on a class basis (Section 18).</li> <li class="ps-section" data-id="HJtdRLbbUT" data-time="1702069968514">Your agreement that the Handy Platform is provided "as is" and without warranty (Section 16).</li> <li class="ps-section" data-id="HkqdAIWW8p" data-time="1702069968514">Your agreement that the Handy Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 16), with the exception of Handy's Happiness Guarantee (Section 3(d)).</li> <li class="ps-section" data-id="B1od0L-b8T" data-time="1702069968514">Your agreement that Handy's Happiness Guarantee is limited to Payments paid by Requesters through the Handy Platform (Section 3(d)).</li> <li class="ps-section" data-id="r1hO08--8p" data-time="1702069968514">Your acknowledgment of and agreement to pay Handy's Trust and Support Fee that will be applied to each appointment of a Professional Service requested through the Handy Platform (Section 3(e)).</li> <li class="ps-section" data-id="H1puC8--86" data-time="1702069968514">Your acknowledgment of and agreement to Handy's cancellation policies and cancellation fees (Section 4(e)).</li> <li class="ps-section" data-id="H1AORI-W86" data-time="1702069968514">If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Handy Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).</li> <li class="ps-section" data-id="r11eu0IWZLa" data-time="1702069968514">Your agreement to release Handy from liability based on claims relating to Services and otherwise (Section 16) and your agreement to the limitation of time within which a claim can be brought (Section 21).</li> <li class="ps-section" data-id="Skeld0L-bLT" data-time="1702069968514">Your agreement to indemnify Handy from claims due to your use, misuse or inability to use the Handy Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Handy Platform (Section 17).</li> <li class="ps-section" data-id="S1ZlORUbZLp" data-time="1702069968514">Your consent to any modifications or amendments to this Agreement (Section 22).</li> <li class="ps-section" data-id="HJMxdALZbUp" data-time="1702069968514">Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.</li></ul><ul data-section-type="3" class="ps-section ps-parent" data-id="SJXxORLbWI6" data-time="1702069968514"> <li class="ps-section" data-id="H1Ng_AIZbLa" data-time="1702069968514">Handy's sole liability with respect to disputes is set forth in the Handy Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Handy Happiness Guarantee.</li> <li class="ps-section" data-id="HJSeO0IWZUa" data-time="1702069968514">Your agreement that Handy's Happiness Guarantee is limited to only Payments paid by Requesters through the Handy Platform for Professional Services that are booked and paid through the Handy Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.</li></ul><div data-section-type="1" class="ps-section" data-id="SJLguR8WbIT" data-time="1702069968514"><strong>1. The Handy Platform is Solely a Venue for Communications; Background Checks.</strong></div><div data-section-type="1" class="ps-section" data-id="BkvedCIW-I6" data-time="1702069968514">a. <u>The Handy Platform is Solely a Venue for Communications.</u> The Handy Platform is a communications platform for enabling the connection between individuals seeking to obtain home services (“<strong>Requesters</strong>”) and/or individuals seeking to provider the services requested (“<strong>Professionals</strong>"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as <strong>"Professional Services"</strong>. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Handy Platform or from a third party (<strong>“Merchandise”</strong>), but shall not be deemed to include the Merchandise itself. Handy does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Handy Platform. HANDY, THROUGH THE HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.</div><div data-section-type="1" class="ps-section" data-id="HkdeOC8b-LT" data-time="1702069968514">b. <u>Background Checks.</u> HANDY CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES; PROVIDED, HOWEVER, FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states or provinces may require state or province-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable licensing authorities. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. HANDY PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE HANDY PLATFORM. HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONALS' PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE HANDY PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.</div><div data-section-type="1" class="ps-section" data-id="H1tldRL-ZUp" data-time="1702069968514"><strong>2. <u>Personal Information; User Accounts.</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk5xdCUbb8p" data-time="1702069968514">a. <u>Collection of your Personal Information.</u> Some of the materials available on the Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information collected, used, and disclosed hereunder will be subject to the terms of the Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="ryox_0UZZUT" data-time="1702069968514">b. <u>Account, Password and Security.</u> You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Handy Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Handy may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Handy has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at <a href="https://www.handy.com/help">www.handy.com/help</a>. Nothing in this section shall affect Handy's rights to limit or terminate the use of the Handy Platform, as provided below in section 4(b).</div><div data-section-type="1" class="ps-section" data-id="S1hg_R8-WUT" data-time="1702069968514">c. <u>Proof of Identity.</u> You will provide us with such proof of identity as we may reasonably request from time to time.</div><div data-section-type="1" class="ps-section" data-id="B1agO08Z-86" data-time="1702069968514">d. <u>Text Messages and Phone Calls.</u> By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Handy Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. For certain Professional Services, you also expressly authorize Handy to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Handy or the Professionals may use automated phone number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time. You may opt-out of receiving all text (SMS) messages from Handy (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Handy Platform or the Services. You also acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Handy’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy’s use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="rJAguRUZ-I6" data-time="1702069968514">TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HANDY AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HANDY AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.</div><div data-section-type="1" class="ps-section" data-id="SJy-dA8ZZU6" data-time="1702069968514">e. <u>Emails.</u> Handy may send you confirmation and other transactional emails regarding the Professional Services. Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.</div><div data-section-type="1" class="ps-section" data-id="Skxbd08WbLT" data-time="1702069968514"><strong>3. <u>Payments; Recurring Services and Recurring Charges; Handy Happiness Guarantee; Claims.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJ-bO0U--Ia" data-time="1702069968514">a. Payments. Users of the Handy Platform contract for Professional Services directly with other Users. Handy is not a party to any contracts for Professional Services. The Handy Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services ("<strong>Payments</strong>").Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Handy Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Handy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Handy Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Handy Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Handy Platform are not subject to our Handy Happiness Guarantee in Section 3(d). Except for the Handy Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Handy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Handy or third parties, then Handy may withhold any payments to you for as long as we determine any related risks to Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.</div><div data-section-type="1" class="ps-section" data-id="BJMZOCIW-8p" data-time="1702069968514">b. <u>Job Rate.</u> The rate for a Professional Service (<strong>"Job Rate"</strong>) as determined by Handy depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.</div><div data-section-type="1" class="ps-section" data-id="r1mbO0LWbLp" data-time="1702069968514">c. <u>Recurrent Service with Automatic Renewal and Recurring Charges.</u></div><div data-section-type="1" class="ps-section" data-id="HJVWd0LWZ8p" data-time="1702069968514">(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (<strong>"Recurrent Service"</strong>). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Handy platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Handy cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.</div><div data-section-type="1" class="ps-section" data-id="ryH-_0L-W8T" data-time="1702069968514">(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.</div><div data-section-type="1" class="ps-section" data-id="B18Z_CUZZI6" data-time="1702069968514">(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HANDY'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).</div><div id="happiness-guarantee" data-section-type="1" class="ps-section" data-id="H1wZuR8ZZIp" data-time="1702069968514">d. <u>Handy Happiness Guarantee.</u></div><div data-section-type="1" class="ps-section" data-id="SJdb_CU-b8T" data-time="1702069968514">i. The Handy Happiness Guarantee provides certain limited additional protections provided by Handy for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Handy, in its sole discretion, will either (a) have the specific Professional Service reperformed or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (2) up to $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to $1,000; or (3) up to $2,500, in the aggregate, for losses arising from theft of a Requester’s property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at www.handy.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional’s completion of the Professional Service, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="B1F-dRUZZL6" data-time="1702069968514">ii. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="Sk9Z_08ZbLT" data-time="1702069968514">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="Bys-_R8b-IT" data-time="1702069968514"> <li class="ps-section" data-id="S13ZOCLWZLT" data-time="1702069968514">The Professional Service is paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="Bkp-uCUb-I6" data-time="1702069968514">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="HkCZO0LWW86" data-time="1702069968514">The Requester has reported the claim within 72 hours of the Professional’s completion of the Professional Service;</li> <li class="ps-section" data-id="rJyMuCLW-Ip" data-time="1702069968514">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="BJxGO08bZUp" data-time="1702069968514">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="HkZz_RI--La" data-time="1702069968514">The Requester has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="SJfGO08-ZLp" data-time="1702069968514">iv. What is excluded from the Handy Happiness Guarantee? The “Handy Happiness Guarantee” does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r1QM_RIZZUT" data-time="1702069968514"> <li class="ps-section" data-id="SJEG_0LZZI6" data-time="1702069968514">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="ryrM_AI-WIa" data-time="1702069968514">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="SJLf_CIZbUT" data-time="1702069968514">Merchandise;</li> <li class="ps-section" data-id="ByDf_08bZ8a" data-time="1702069968514">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="HyOfdRL-bL6" data-time="1702069968514">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="HyFfuCLb-Up" data-time="1702069968514">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="BJ5z_ALbWUT" data-time="1702069968514">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="BJsMdAIZWU6" data-time="1702069968514">losses arising from the negligence or miscounduct of a third party;</li> <li class="ps-section" data-id="rk3M_0L-Z8a" data-time="1702069968514">losses arising from a manufacturer's or a product's defects;</li> <li class="ps-section" data-id="r1TGuRLZWIT" data-time="1702069968514">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="SyCfuCL--U6" data-time="1702069968514">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="HkyXu0UWZUp" data-time="1702069968514">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="Sye7_AI-ZI6" data-time="1702069968514">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="r1bXdCU-ZUp" data-time="1702069968514">losses of cash, third party gift cards and securities;</li> <li class="ps-section" data-id="Hyz7uRIb-U6" data-time="1702069968514">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="H1m7_0Ub-UT" data-time="1702069968514">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="ryNQ_AUb-8p" data-time="1702069968514">losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="SyBmdR8-ZIa" data-time="1702069968514">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="S1UQdAIW-86" data-time="1702069968514">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="ByDQdALWZLa" data-time="1702069968514">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="H1d7_CI-ZLp" data-time="1702069968514">losses excluded pursuant to Section 17 of the Agreement;</li> <li class="ps-section" data-id="Byt7d0Ub-U6" data-time="1702069968514">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="B197_CI-bIa" data-time="1702069968514">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="H1jmuAIZWLa" data-time="1702069968514">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="H12mdRL--U6" data-time="1702069968514">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="HJTQ_RLWWUa" data-time="1702069968514">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="HkAQuRLZZ8p" data-time="1702069968514">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation;</li> <li class="ps-section" data-id="rkkVdAIZbL6" data-time="1702069968514">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="ByeEO0LZ-8a" data-time="1702069968514">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="HJW4OALZbI6" data-time="1702069968514">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="S1fEuRIWZ8p" data-time="1702069968514">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="HyQV_C8WZ86" data-time="1702069968514">losses reported by third parties.</li></ul><div data-section-type="1" class="ps-section" data-id="rkENOR8bWUT" data-time="1702069968514">v. How do I submit a Claim? First report of a claim must be made within 72 hours from the Professional’s completion of the Professional Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee.We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy’s claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item.</div><div data-section-type="1" class="ps-section" data-id="HyBVuR8bb8T" data-time="1702069968514">If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered.</div><div data-section-type="1" class="ps-section" data-id="SJUNuRL-ZLT" data-time="1702069968514">The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="HJwVdCUZ-Ia" data-time="1702069968514">e. <u>Handy Trust and Support Fee.</u> Handy may assess an additional "Trust and Support Fee" to support the Handy Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Handy Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Handy in its entirety.</div><div data-section-type="1" class="ps-section" data-id="r1dE_0UZbIp" data-time="1702069968514">g. <u>Home Improvement Referrals.</u> Handy (through its affiliate, HomeAdvisor), provides Profinder and Instant Connect services, as described more fully below. Both Profinder and Instant Connect services as well as any other services offered by HomeAdvisor are "Home Improvement Referrals". Information regarding the screening for Professionals that provide Professional Services that are requested through Home Improvement Referrals is located here.</div><div data-section-type="1" class="ps-section" data-id="rkKVuALZW8a" data-time="1702069968514">i. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.</div><div data-section-type="1" class="ps-section" data-id="H15N_C8bZLT" data-time="1702069968514">ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.</div><div data-section-type="1" class="ps-section" data-id="ByoEORI--86" data-time="1702069968514">iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. <strong>We do not endorse or recommend the services of any particular Professional.</strong> It is entirely up to you to evaluate the Professional and the Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of Handy or HomeAdvisor, nor is Handy or HomeAdvisor an agent of the Professionals.</div><div data-section-type="1" class="ps-section" data-id="BJ2E_CU-WU6" data-time="1702069968514">iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.</div><div data-section-type="1" class="ps-section" data-id="Sk6VdAI-bIp" data-time="1702069968514"><strong>4. <u>Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJ0VO08--I6" data-time="1702069968514">a. <u>Term.</u> This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.</div><div data-section-type="1" class="ps-section" data-id="rk1Bu0LZb86" data-time="1702069968514">b. <u>Termination by Handy.</u> We may terminate this Agreement or terminate or suspend your right to use the Handy Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Handy Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, <strong>"Prohibited Conduct"</strong>)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Handy Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Handy may delete the account and all the information in it. You have no ownership rights to your account.</div><div data-section-type="1" class="ps-section" data-id="S1xSO0UZZ8p" data-time="1702069968514">c. <u>Termination by You.</u> You may terminate this Agreement by completely and permanently ceasing to use the Handy Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Handy Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Handy.</div><div data-section-type="1" class="ps-section" data-id="HJbr_R8ZZIa" data-time="1702069968514">d. <u>Cleaning Plan with a Minimum Commitment.</u></div><div data-section-type="1" class="ps-section" data-id="rkzr_CIbbLa" data-time="1702069968514">(i) <em>Minimum Commitment Plan Term</em>: If you have selected a Professional Services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.</div><div data-section-type="1" class="ps-section" data-id="Sy7HOCLb-U6" data-time="1702069968514">(ii) <em>Minimum Commitment Plan Cancellation Fee</em>: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to $150 should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.</div><div data-section-type="1" class="ps-section" data-id="By4BuR8ZZ8T" data-time="1702069968514">(iii) <em>Rescheduling Cleaning Plan appointments during the Minimum Commitment Period</em>: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a $25 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited amount you are charged. Such credit will be available for your use during the minimum commitment period only as a credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointment that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional $25 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.</div><div data-section-type="1" class="ps-section" data-id="SyrH_CL-WIT" data-time="1702069968514">(iv) <em>Expiration of Minimum Commitment</em>. Once your minimum commitment period is complete, your selected plan will remain active and automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY. (v) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc., Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.</div><div data-section-type="1" class="ps-section" data-id="r1ISu0L-bLa" data-time="1702069968514">e. <u>Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments.</u> Handy's cancellation policy (found at www.handy.com/help) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Handy Platform at any time, subject to the following conditions: (i) if a Requester cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Handy Help Center at <a href="https://www.handy.com/help">www.handy.com/help</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.</div><div data-section-type="1" class="ps-section" data-id="ByDSu0LbZUT" data-time="1702069968514">f. <u>Handy Select.</u></div><div data-section-type="1" class="ps-section" data-id="rkur_AUbZ8T" data-time="1702069968514">(i) Select Membership: Handy may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Handy Platform Select Membership (“Handy Select”).</div><div data-section-type="1" class="ps-section" data-id="BktB_0LZb8p" data-time="1702069968514">(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Handy Select, you will be billed immediately for your initial Handy Select subscription period. BY ENROLLING IN HANDY SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SELECT, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="H1qBO0I--8p" data-time="1702069968514">(iii) Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Handy Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.</div><div data-section-type="1" class="ps-section" data-id="rJjBOR8Z-8p" data-time="1702069968514">(iv) Declination of Payment: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Select period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="SyYAI-WUa" data-time="1702069968514">(v) (v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HANDY SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SELECT RENEWAL DATE. You may cancel your Handy Select by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Handy Select you will continue to have access to your Handy Select through the end of your current paid Handy Select period. Should you cancel your Handy Select, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Select period.</div><div data-section-type="1" class="ps-section" data-id="SyxYA8-WLT" data-time="1702069968514">(vi) Handy Select Refunds: The Handy Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Handy Select within three days of (1) signing up for Handy Select or (2) converting from a free Handy Select trial to a paid Handy Select, we will refund your Handy Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Handy Select fee (a) if you purchased Handy Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Handy Select membership to purchase any Professional Services.</div><div data-section-type="1" class="ps-section" data-id="B1bK0UbbLa" data-time="1702069968514">(vii) Handy Select Membership Plans/Promotional Trial Memberships: Handy sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.</div><div data-section-type="1" class="ps-section" data-id="r1GKCUZbLp" data-time="1702069968514">g. <u>Handy Savings Membership.</u></div><div data-section-type="1" class="ps-section" data-id="r1XYALb-Ia" data-time="1702069968514">(i) Handy Savings Membership: Handy may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Handy Platform at a discount provided the Requester first agrees to purchase an annual or monthly Handy Savings Membership (“Handy Savings Membership”). Any discounts obtained through Handy Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.</div><div data-section-type="1" class="ps-section" data-id="ByVKALbbIp" data-time="1702069968514">(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Handy Savings Membership, you will be billed immediately for your initial Handy Savings Membership subscription period. BY ENROLLING IN HANDY SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HANDY SAVINGS MEMBERSHIP, YOU AUTHORIZE HANDY TO CHARGE YOU FOR YOUR INITIAL HANDY SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HANDY SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HANDY SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HANDY SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HANDY (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.</div><div data-section-type="1" class="ps-section" data-id="rkHKAL-ZLT" data-time="1702069968514">(iii) Cancellation Fees: The cancellation and rescheduling of any Professional Service while you are enrolled in Handy Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.</div><div data-section-type="1" class="ps-section" data-id="Sy8KCLb-Ia" data-time="1702069968514">(iv) Declination of Payment: If an eligible payment method Handy has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Handy Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Handy Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.</div><div data-section-type="1" class="ps-section" data-id="SyvtA8ZbIp" data-time="1702069968514">(v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HANDY SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HANDY SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HANDY SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Handy Savings Membership by visiting the Handy Help Center at www.handy.com/help or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 101599. Following cancellation of your Handy Savings Membership you will continue to have access to Handy Savings Membership through the end of your current paid Handy Savings Membership period. Should you cancel Handy Savings Membership, Handy reserves the right to cancel any Professional Service appointments scheduled outside the current paid Handy Savings Membership period.</div><div data-section-type="1" class="ps-section" data-id="SkuY08bZUp" data-time="1702069968514">h. <u>Policy for Service Cancellation by Professional.</u> Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Handy Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled, Requester will not be charged for that Professional Service appointment.</div><div data-section-type="1" class="ps-section" data-id="ByFYAU-ZIT" data-time="1702069968514"><strong>5. Links to and Plug-Ins from Other Websites or Media.</strong> Links (such as hyperlinks) from the Handy Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, <strong>"Third Party Sites"</strong>) do not constitute the endorsement by Handy of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Handy does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HANDY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.</div><div data-section-type="1" class="ps-section" data-id="Hk9tR8ZZL6" data-time="1702069968514"><strong>6. <u>Submission Areas.</u></strong> The Handy Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Handy (collectively, "Submission Areas"). Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Handy Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Handy Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Handy Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Handy may designate. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Handy Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.</div><div data-section-type="1" class="ps-section" data-id="S1otA8W-Ua" data-time="1702069968514"><strong>7. <u>Rules for Use of the Handy Platform.</u></strong> During the term of this Agreement, Requesters may use the Handy Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Handy Platform for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the Handy Platform (including but not limited to any Submission Areas) to do any of the following:</div><div data-section-type="1" class="ps-section" data-id="SJ3F08W-U6" data-time="1702069968514">a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.</div><div data-section-type="1" class="ps-section" data-id="rk6YR8WbIT" data-time="1702069968514">b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.</div><div data-section-type="1" class="ps-section" data-id="BJ0KRIZ-Ip" data-time="1702069968514">c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.</div><div data-section-type="1" class="ps-section" data-id="Hy1eY0I-bL6" data-time="1702069968514">d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.</div><div data-section-type="1" class="ps-section" data-id="H1elKAUZW8p" data-time="1702069968514">e. Use the Handy Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, provincial, national, or international law.</div><div data-section-type="1" class="ps-section" data-id="HJWgt0IWZ8a" data-time="1702069968514">f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.</div><div data-section-type="1" class="ps-section" data-id="SJzxFAIZW86" data-time="1702069968514">g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Handy Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Handy Platform without express written permission from us.</div><div data-section-type="1" class="ps-section" data-id="HyXgKAIZZUp" data-time="1702069968514">h. Use the Handy Platform to collect or harvest usernames and/or email addresses of members by electronic or other means without our express prior written consent.</div><div data-section-type="1" class="ps-section" data-id="rkExF08bWUp" data-time="1702069968514">i. Conduct, send or forward e-mail or other electronic communications, including promotions, advertising of products or services, surveys, contests, pyramid schemes, or chain letters.</div><div data-section-type="1" class="ps-section" data-id="HyHeFRIZW8a" data-time="1702069968514">j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.</div><div data-section-type="1" class="ps-section" data-id="H18lKR8-WIT" data-time="1702069968514">k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.</div><div data-section-type="1" class="ps-section" data-id="B1Dgt08Zb8T" data-time="1702069968514">l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Handy Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.</div><div data-section-type="1" class="ps-section" data-id="SJ_xFAI-ZI6" data-time="1702069968514">m. Restrict or inhibit any other User from using and enjoying the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="HJFeYAL-WLp" data-time="1702069968514">n. Imply or state that any statements you make are endorsed by us, without our prior written consent.</div><div data-section-type="1" class="ps-section" data-id="H1qxYA8-bI6" data-time="1702069968514">o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Handy Platform in any manner, or attempt to do any of the foregoing.</div><div data-section-type="1" class="ps-section" data-id="SksgY0UWWIT" data-time="1702069968514">p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.</div><div data-section-type="1" class="ps-section" data-id="BynxY0UWZUa" data-time="1702069968514">q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.</div><div data-section-type="1" class="ps-section" data-id="HJaeK0UZWIT" data-time="1702069968514">r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of majority, in an abusive, violent or sexual manner.</div><div data-section-type="1" class="ps-section" data-id="r1RgYAUWWLp" data-time="1702069968514">s. Register to use the Handy Platform under different usernames or identities, after your account has been suspended or terminated.</div><div data-section-type="1" class="ps-section" data-id="H1JbtAUW-UT" data-time="1702069968514">t. Mirror or archive any part of the Handy Platform or any content or material contained on the Handy Platform without Handy's written permission.</div><div data-section-type="1" class="ps-section" data-id="BkeWtAL-b86" data-time="1702069968514">u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.</div><div data-section-type="1" class="ps-section" data-id="HkZbYRLZ-Ip" data-time="1702069968514">v. Alter transmission data without Handy’s consent.</div><div data-section-type="1" class="ps-section" data-id="Hkf-K0IWWIT" data-time="1702069968514"><strong>8. <u>No Employment.</u></strong> Handy provides a software platform which allows you to obtain certain home services that Handy fulfills using independent Professionals. Handy is not the employer of any Professional and Professionals are not Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.</div><div data-section-type="1" class="ps-section" data-id="ByXbKCIZ-LT" data-time="1702069968514"><strong>9. <u>Special Promotions; Gift Cards and Vouchers.</u></strong></div><div data-section-type="1" class="ps-section" data-id="ByVbYAIZb86" data-time="1702069968514">a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.</div><div data-section-type="1" class="ps-section" data-id="S1BWYC8Z-U6" data-time="1702069968514">b. <u>Promotional Coupons</u></div><div data-section-type="1" class="ps-section" data-id="r1UbKRIbbUa" data-time="1702069968514">i. Promotional coupons are only eligible for the specific services designated by Handy. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Handy reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.</div><div data-section-type="1" class="ps-section" data-id="S1DZt0U-b8T" data-time="1702069968514">ii. Handy promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Handy Platform. Promotional coupon may not be purchased for cash and Handy does not sell promotional coupons. Promotional coupons are nonrefundable.</div><div data-section-type="1" class="ps-section" data-id="rkOWtCIWW8T" data-time="1702069968514">iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.</div><div data-section-type="1" class="ps-section" data-id="HkFbF08W-L6" data-time="1702069968514">iv. Your Handy account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Handy account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.</div><div data-section-type="1" class="ps-section" data-id="rJqbtRLZZLa" data-time="1702069968514">c. <u>Referral Discounts.</u> In the event that you are given a code through which you may refer a friend to the Handy Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of discounts awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Handy referral discounts are redeemable only for Professional Services. Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="H1jZtCLZZI6" data-time="1702069968514">d. <u>Vouchers.</u></div><div data-section-type="1" class="ps-section" data-id="BJ2bKCUZWI6" data-time="1702069968514">i. Handy vouchers or promotional codes for special offers or discounts (<strong>"Vouchers"</strong>) may be available and can be used to pay in part or in full for Professional Services.</div><div data-section-type="1" class="ps-section" data-id="SJpZYRI--IT" data-time="1702069968514">ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="SJCbYC8b-8T" data-time="1702069968514">iii. You agree that you will comply with all Voucher terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="Bk1ftRL-Z8p" data-time="1702069968514">iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards</div><div data-section-type="1" class="ps-section" data-id="BkeMY0LbWLp" data-time="1702069968514">e. <u>Gift Cards</u></div><div data-section-type="1" class="ps-section" data-id="HkZzFAIW-Ua" data-time="1702069968514">i. Handy Gift Cards (<strong>"Gift Cards"</strong>) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="S1MftCLZWUp" data-time="1702069968514">ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.</div><div data-section-type="1" class="ps-section" data-id="B1XftAU-WU6" data-time="1702069968514">iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.</div><div data-section-type="1" class="ps-section" data-id="HJNGKCIW-La" data-time="1702069968514">iv. You agree that you will comply with all Gift Card terms and conditions.</div><div data-section-type="1" class="ps-section" data-id="HySfYR8ZWUT" data-time="1702069968514">v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.</div><div data-section-type="1" class="ps-section" data-id="SkIzKAUW-L6" data-time="1702069968514">vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.</div><div data-section-type="1" class="ps-section" data-id="SJDzKA8WWL6" data-time="1702069968514">vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.</div><div data-section-type="1" class="ps-section" data-id="BkuMFALZ-Lp" data-time="1702069968514">viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.</div><div data-section-type="1" class="ps-section" data-id="B1FztCI-WI6" data-time="1702069968514">ix. A Gift Card is void if copied, altered, transferred, purchased or sold.</div><div data-section-type="1" class="ps-section" data-id="ry5MKRIW-LT" data-time="1702069968514">x. Purchases of Gift Cards are final and not refundable. All sales are final</div><div data-section-type="1" class="ps-section" data-id="S1oMYR8W-U6" data-time="1702069968514">xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.</div><div data-section-type="1" class="ps-section" data-id="B1hzKRLbW8T" data-time="1702069968514">xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at <a href="https://www.handy.com/help">www.handy.com/help</a></div><div data-section-type="1" class="ps-section" data-id="BkpztAIb-IT" data-time="1702069968514">xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state or province's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state or province's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state or province's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.</div><div data-section-type="1" class="ps-section" data-id="SyAfKR8WZ8p" data-time="1702069968514"><strong>10. <u>Intellectual Property Rights.</u></strong> The Handy Platform, and the information, data, content and materials, which it contains (<strong>"Handy Materials"</strong>), are the property of Handy and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Handy has a right to use as described below. The Handy Materials are protected from unauthorized copying and dissemination by United States and Canadian copyright law, trademark law, international conventions, and other intellectual property laws. Handy and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Handy Materials. Any use of Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of Handy and/or the relevant right holder. The service marks and trademarks of Handy, including without limitation <a href="https://www.handybook.com">Handybook.com</a>, <a href="www.handy.com">Handy.com</a> and the Handy logo are service marks owned by Handy. Any other trademarks, service marks, logos and/or trade names appearing on the Handy Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Handy Platform without the express prior written consent of the owner.</div><div data-section-type="1" class="ps-section" data-id="ryymtAUb-Lp" data-time="1702069968514"><strong>11. <u>Copyright Complaints and Copyright Agent.</u></strong> Handy respects the intellectual property of others, and expects Users to do the same. Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Handy Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a <strong>"Complainant"</strong>) and sends to Handy a properly submitted copyright notice as indicated below, Handy will investigate, and if it determines, in its discretion, that the material is infringing, Handy will remove the content and may terminate the access of the User who posted such content to the Handy Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:</div><div data-section-type="1" class="ps-section" data-id="BJxmFC8-bU6" data-time="1702069968514">(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.</div><div data-section-type="1" class="ps-section" data-id="rJbXFAIbbUT" data-time="1702069968514">(ii) A statement specifically identifying the location of the infringing material, with enough detail that Handy may find it on the Handy Platform. Please note: it is not sufficient to merely provide a top level URL.</div><div data-section-type="1" class="ps-section" data-id="HJfXFA8b-8a" data-time="1702069968514">(iii) The complete name, address, telephone number and email address of Complainant.</div><div data-section-type="1" class="ps-section" data-id="BJX7FAL-W86" data-time="1702069968514">(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.</div><div data-section-type="1" class="ps-section" data-id="SkNXK0LWWUT" data-time="1702069968514">(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.</div><div data-section-type="1" class="ps-section" data-id="rkHXYA8bZL6" data-time="1702069968514">Handy's contact information for notice of alleged copyright infringement is:</div><div data-section-type="1" class="ps-section" data-id="ByLmtAU--I6" data-time="1702069968514">Email: legal@handy.com</div><div data-section-type="1" class="ps-section" data-id="SkvXFCI-WLp" data-time="1702069968514">Or via Mail:</div><div data-section-type="1" class="ps-section" data-id="S1uXKAU-bU6" data-time="1702069968514">Attn: Copyright Agent<br /> Handy Technologies, Inc. d/b/a Handy<br /> PO Box # 1122<br /> New York, NY 10159</div><div data-section-type="1" class="ps-section" data-id="SJKQFRI--Ua" data-time="1702069968514"><strong>12. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJ97FR8b-Ua" data-time="1702069968514">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively <strong>"Mobile Features"</strong>). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="H1jmYCIZW8p" data-time="1702069968514">b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="SJ3QKAI-ZLT" data-time="1702069968514">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Handy reserves the right to terminate the use of the Apps or any other aspect of the Handy Platform should you be using the Apps or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="r1amFAIbZI6" data-time="1702069968514">d. <u>App Store Sourced Application.</u></div><div data-section-type="1" class="ps-section" data-id="HJRQYCU--86" data-time="1702069968514">(i) With respect to Apps accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the Apps not expressly granted to you under this Agreement.</div><div data-section-type="1" class="ps-section" data-id="Skk4FALWWU6" data-time="1702069968514">(ii) You acknowledge and agree that (i) this Agreement is valid between you and Handy only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="rJg4YA8Z-I6" data-time="1702069968514">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SJbVFCU-b8p" data-time="1702069968514">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="S1M4FCI-b8T" data-time="1702069968514">(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="HJ7NYCLZZLp" data-time="1702069968514">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="SkENF0UWWI6" data-time="1702069968514">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="H1SNYC8WbLp" data-time="1702069968514">(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="SyL4KAL-b8T" data-time="1702069968514"><strong>13. <u>Lockbox</u></strong></div><div data-section-type="1" class="ps-section" data-id="Skv4FAIZWLT" data-time="1702069968514">a. <u>Use of Lockbox.</u> Handy sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Handy is only sourcing or providing Users with lockboxes. Handy has no information about the lockbox codes except for the information inputted by User via the Handy Platform at User's option. Handy strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.</div><div data-section-type="1" class="ps-section" data-id="S1_4K0LWb8p" data-time="1702069968514">b. <u>No Control.</u> Once User acquires possession of the lockbox, Handy has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.</div><div data-section-type="1" class="ps-section" data-id="SkKVt08b-U6" data-time="1702069968514">c. <u>Key Access.</u> For your security, Handy depends on User to provide and maintain accurate access inputs via the Handy Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.</div><div data-section-type="1" class="ps-section" data-id="B1cVt0Ub-8p" data-time="1702069968514">d. <u>Permitted and Prohibited Uses.</u> User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Handy's policies and procedures. Handy reserves the right to investigate and take action against any User who, in Handy's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="H1jNYALWbU6" data-time="1702069968514"><strong>14. <u>Modifications to the Handy Platform.</u></strong> We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Handy Platform or any content or information on the Handy Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Sy3NFALZZL6" data-time="1702069968514"><strong>15. <u>Confidentiality.</u></strong> The term <strong>"Confidential Information"</strong> shall mean any and all of Handy's trade secrets, confidential and proprietary information, personal information and all other information and data of Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Handy Platform contains secured components that are accessible only to those who have been granted a username and password by Handy. Information contained within the secure components of the Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.</div><div data-section-type="1" class="ps-section" data-id="Bka4Y08WWUT" data-time="1702069968514"><strong>16. <u>Disclaimer of Warranties; Limitation on Liability.</u></strong></div><div data-section-type="1" class="ps-section" data-id="BkANtRLZ-U6" data-time="1702069968514">a. <strong><u>USE OF THE HANDY PLATFORM IS ENTIRELY AT YOUR OWN RISK.</u></strong> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HANDY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HANDY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HANDY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE HANDY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDY PLATFORM. NEITHER HANDY NOR ITS AFFILIATES, SUBSIDIARIES, PARENTS OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.</div><div data-section-type="1" class="ps-section" data-id="r1kHYA8WZU6" data-time="1702069968514">b. <strong><u>NO LIABILITY.</u></strong> YOU AGREE NOT TO HOLD HANDY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, <strong>"MEMBERS"</strong>) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, <strong>"LIABILITIES"</strong>) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL HANDY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HANDY PLATFORM OR ANY PROFESSIONAL SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HANDY'S HAPPINESS GUARANTEE, HANDY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HANDY PLATFORM, THE PROFESSIONAL SERVICES OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).</div><div data-section-type="1" class="ps-section" data-id="BJxSKR8Z-Up" data-time="1702069968514">c. <strong><u>RELEASE.</u></strong> HANDY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. THE HANDY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HANDY PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, HANDY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HANDY IS NOT INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.</div><div data-section-type="1" class="ps-section" data-id="BJZStR8bb8p" data-time="1702069968514">d. <strong><u>ADDITIONAL DISCLAIMER.</u></strong> THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE HANDY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HANDY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HANDY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.</div><div data-section-type="1" class="ps-section" data-id="SJfrt08ZbUa" data-time="1702069968514">NOTHING IN THIS AGREEMENT OR THE HANDY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.</div><div data-section-type="1" class="ps-section" data-id="ry7HFAUbWLa" data-time="1702069968514">BY USING THE HANDY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HANDY PLATFORM.</div><div data-section-type="1" class="ps-section" data-id="r1VrtRI--Up" data-time="1702069968514">YOU ACCEPT THAT, AS A CORPORATION, HANDY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HANDY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HANDY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HANDY.</div><div data-section-type="1" class="ps-section" data-id="S1SBtR8b-8a" data-time="1702069968514">EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</div><div data-section-type="1" class="ps-section" data-id="rk8rt08-WIa" data-time="1702069968514"><strong>17. <u>Indemnification.</u></strong> You hereby agree to indemnify, defend, and hold harmless Handy, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Handy Platform. Handy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Handy.</div><div data-section-type="1" class="ps-section" data-id="rkDHYALWbLT" data-time="1702069968514"><strong>18. <u>Mutual Arbitration Agreement.</u></strong></div><div data-section-type="1" class="ps-section" data-id="r1_BF0IbbL6" data-time="1702069968514">a. <u>Informal Negotiations.</u> To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Handy, including without limitation any dispute or claim related to or arising out of this Agreement (<strong>"Dispute"</strong>), you and Handy may attempt to negotiate any Dispute informally (the <strong>"Informal Negotiations"</strong>) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@handy.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, PO Box # 1122, New York, NY 10159.</div><div data-section-type="1" class="ps-section" data-id="HkFrtC8--La" data-time="1702069968514">b. <u>Arbitration.</u> If a Dispute is not resolved through Informal Negotiations, you and Handy agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (<strong>"Arbitration Agreement"</strong>). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the <strong>"AAA Rules"</strong>) of the American Arbitration Association (<strong>"AAA"</strong>) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (<strong>"AAA Consumer Rules"</strong>), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Handy will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.</div><div data-section-type="1" class="ps-section" data-id="BJcBFRLWbLa" data-time="1702069968514">c. <u>Excluded Disputes.</u> You and Handy agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.</div><div data-section-type="1" class="ps-section" data-id="BJorKRIZZL6" data-time="1702069968514">d. <u>WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.</u></div><div data-section-type="1" class="ps-section" data-id="r1nHYCLbZIp" data-time="1702069968514">You and Handy agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (<strong>"Class Action Waiver"</strong>). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.</div><div data-section-type="1" class="ps-section" data-id="BJpStRUW-Ip" data-time="1702069968514">e. <u>Rules/Standards Governing Arbitration Proceeding.</u> A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.</div><div data-section-type="1" class="ps-section" data-id="SyRHFCUZWI6" data-time="1702069968514">f. <u>Severability.</u> You and Handy agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this Section 18 will be given full force and effect.</div><div data-section-type="1" class="ps-section" data-id="rk1LF0UWWIp" data-time="1702069968514"><strong>19. <u>Governing Law; Jurisdiction.</u></strong> Except where required otherwise by law, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.</div><div data-section-type="1" class="ps-section" data-id="S1g8t0UWbIp" data-time="1702069968514"><strong>20. <u>Assignment.</u></strong> This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.</div><div data-section-type="1" class="ps-section" data-id="rybIKRIWbUp" data-time="1702069968514"><strong>21. <u>General Provisions.</u></strong> All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Handy with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Handy. Handy's address for such notices is: <a href="mailto:legal@handy.com">legal@handy.com</a> and/or by mail to Handy Technologies, Inc., Attn: Legal, PO Box # 1122, New York, NY 10159. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Handy, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Handy's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.</div><div data-section-type="1" class="ps-section" data-id="B1GLKCUWZLp" data-time="1702069968514"><strong>22. <u>Changes to this Agreement.</u></strong> We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Handy Platform. Your continued use of the Handy Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.</div><div data-section-type="1" class="ps-section" data-id="Hy7IFAIWWUT" data-time="1702069968514"><strong>23. <u>Severability.</u></strong> These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.</div><div data-section-type="1" class="ps-section" data-id="SJE8tAIWWI6" data-time="1702069968514"><strong>24. <u>Contact Information.</u></strong> If you have any questions regarding this Agreement, please contact us at <a href="mailto:legal@handy.com">legal@handy.com</a> or by mail at the below address:</div><div data-section-type="1" class="ps-section" data-id="r1rUKA8bb8a" data-time="1702069968514">Handy Technologies, Inc. d/b/a Handy<br /> Attn.: Legal<br /> PO Box # 1122<br /> New York, NY 10159</div><div data-section-type="1" class="ps-section" data-id="B1LLt08Z-Ua" data-time="1702069968514"><br /></div><div data-section-type="1" class="ps-section" data-id="S1DUtAUbbLT" data-time="1702069968514">I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.</div><div data-section-type="1" class="ps-section" data-id="ry_Lt0Ib-Ia" data-time="1702069968514">Last updated: <strong>November 27, 2023</strong></div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459905" class="contract-container group-item " data-id="459905" data-key="gb-terms-of-use" data-groups="" style="display: none;"> <div class="contract-header"> <h2>GB Terms of Use</h2> <div class="row"> <div class="six columns" id="version-effective-date-459905"> <label for="select-version-459905" class="select-version select-version-label">Version</label> <select name="versions-459905" id="select-version-459905" class="select-version select-version-select input-select"> <option selected value="contract-id-459905-version-66046c11db131b626ee1cd60" class="contract-id-459905-version-66046c11db131b626ee1cd60" data-version="1.1">Version 1.1  (Current)</option> <option value="contract-id-459905-version-6578a7f9a0cc4ec6670dd2e5" class="contract-id-459905-version-6578a7f9a0cc4ec6670dd2e5" data-version="1.0">Version 1.0</option> </select> </div> </div> </div> <div id="contract-versions-459905"> <div id="contract-id-459905-version-66046c11db131b626ee1cd60" data-vid="66046c11db131b626ee1cd60" class="version-container js-version-container-459905 " style="display: block;"> <div id="version-languages-66046c11db131b626ee1cd60" class="version-translation-container"> <div id="version-66046c11db131b626ee1cd60-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="GB Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective March 27th 2024</h5> <a id="download-version-66046c11db131b626ee1cd60-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/66046c11db131b626ee1cd60.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-66046c11db131b626ee1cd60"> <div data-section-type="1" class="ps-section" data-id="rkszQ-WIT" data-time="1702069011022"><strong>For Handy's Sweepstakes and Contest Official Rules, please click <a href="https://www.handy.com/sweepstakes">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="SkxszmZZU6" data-time="1702069011022"><strong>For our Booking Terms and Conditions, which are the terms and conditions that apply when you make any bookings via our Platform, please click <a href="https://www.handy.com/booking_terms">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="Sy-szQZ-8T" data-time="1702069011022">These terms of use cover your use, as a UK user, of our website <a href="https://www.handy.com">www.handy.com</a> (<strong>"Website"</strong>), our mobile applications (the <strong>"App"</strong>), and our services (collectively the <strong>"Handy Platform"</strong>). Please read them carefully before you start to use the Handy Platform, as they apply to your use of the Handy Platform. By using the Handy Platform, you confirm that you accept these terms, including the terms of our Privacy and Cookies Policy, and that you agree to comply with them. If there is anything you do not agree with, please do not use the Handy Platform. If there is anything you do not understand, please contact us at <a href="https://www.handy.com/help">handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="SyMifQ-ZI6" data-time="1702069011022">These terms of use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="S1QjzXWbUT" data-time="1702069011022"> <li class="ps-section" data-id="SyEof7ZbIa" data-time="1702069011022">Your agreement that the Handy Platform is provided "as is" and without warranty (Clause 9.c)</li> <li class="ps-section" data-id="SyHoMX--86" data-time="1702069011022">Your agreement to certain restrictions on our liability to you (Clause 9.b)</li> <li class="ps-section" data-id="S1LiMXbZIp" data-time="1702069011022">Your agreement to how we may amend these Terms of Use from time to time (Clause 1.e)</li> <li class="ps-section" data-id="rJPozQW-86" data-time="1702069011022">Your agreement to our collection, storage and use of your personal data in accordance with our Privacy and Cookies Policy which you can access <a href="https://www.handy.com/privacy">here</a>.</li></ul><div data-section-type="1" class="ps-section" data-id="Hk_ifQW-Ia" data-time="1702069011022"><strong>1. <u>Introduction</u></strong></div><div data-section-type="1" class="ps-section" data-id="rktoz7bbLp" data-time="1702069011022">a. The Handy Platform is provided by We Are Mop! Limited, a company incorporated in the United Kingdom under registration number 08334346 d/b/a Handy (<strong>"Handy"</strong>, <strong>"we"</strong> or <strong>"us"</strong>) to you, as a user of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Sy5sGmW-8T" data-time="1702069011022">b. We have set the terms under which we are providing you with access to the Handy Platform and any services we offer from the Handy Platform, including our provision of a centralized booking point for selected third-party service providers (the <strong>"Professionals"</strong>). These include the terms and conditions that govern:</div><div data-section-type="1" class="ps-section" data-id="ryijf7WZLa" data-time="1702069011022">(i) Your rights to use the Handy Platform (these <strong>"Terms of Use"</strong>)</div><div data-section-type="1" class="ps-section" data-id="Hk3iMQZWIp" data-time="1702069011022">(ii) How we will use and protect information about you (our <strong>"Privacy and Cookies Policy"</strong>); and</div><div data-section-type="1" class="ps-section" data-id="Byaof7bb8p" data-time="1702069011022">(iii) Our Booking Terms and Conditions in relation to the third-party services we offer from the Handy Platform (our <strong>"Booking Terms and Conditions"</strong>).</div><div data-section-type="1" class="ps-section" data-id="HJ0sMXZbL6" data-time="1702069011022">Together or individually these may be referred to as our <strong>"Terms and Policies"</strong>.</div><div data-section-type="1" class="ps-section" data-id="BJ1gofQ-bUp" data-time="1702069011022">c. These Terms and Policies do not cover the terms on which we engage our Professionals. If you are a Professional, please check the Professional Terms of Business provided to you upon signing up with us. If you would like to apply to become a Professional, please click <a href="https://www.handy.com/apply">here</a>.</div><div data-section-type="1" class="ps-section" data-id="HJlljM7WbLT" data-time="1702069011022">d. If you enter any prize competitions or other promotions on the Handy Platform, separate terms may also apply in addition to these Terms and Policies. In the event of a conflict between any additional terms and conditions and these Terms and Policies, the additional terms will prevail to the extent of the conflict.</div><div data-section-type="1" class="ps-section" data-id="H1WgoGmbWUT" data-time="1702069011022">e. We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Handy Platform. You should check these Terms and Policies regularly to ensure that you are agree to any changes. You will be deemed to have accepted any changes to the Terms and Policies after you have been notified of the changes on the Handy Platform homepage, and you continue to access or use the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rJfgifXZ-Ia" data-time="1702069011022"><strong>2. <u>Access to the Handy Platform</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1QgofXb-Ip" data-time="1702069011022">a. Access to the Handy Platform is permitted on a temporary basis. We reserve the right to withdraw or amend the Handy Platform (and any services offered on it) without notice to you. We reserve the right to withdraw, vary or suspend the Handy Platform (or any part of it) at any time without notice. We will not be liable if for any reason the Handy Platform or any part of it is unavailable at any time or for any period.</div><div data-section-type="1" class="ps-section" data-id="H1VesMQbZIp" data-time="1702069011022">b. You are responsible for making all arrangements necessary to access and view the Handy Platform, and you should ensure that you have up to date anti-virus software on any device from which you access the Handy Platform. You are also responsible for ensuring that all persons accessing the Handy Platform through your internet connection are aware of these Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="S1HeizXbZLp" data-time="1702069011022">c. Materials and information posted on the Handy Platform are not intended as advice, including legal advice, and should not be relied upon as such. To the fullest extent permitted by law, we shall not be responsible or liable if you place any reliance on such information.</div><div data-section-type="1" class="ps-section" data-id="rkUeoGm-WU6" data-time="1702069011022">d. You must not:</div><div data-section-type="1" class="ps-section" data-id="SkDejGQW-UT" data-time="1702069011022">(i) Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent;</div><div data-section-type="1" class="ps-section" data-id="Sk_lifQWZUp" data-time="1702069011022">(ii) Advertise or offer to sell any goods or services for any commercial purpose, or solicit employment or contract work which is not relevant to the services offered through the Handy Platform;</div><div data-section-type="1" class="ps-section" data-id="rJtesM7ZWIa" data-time="1702069011022">(iii) Solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the Handy Platform without express written permission from us;</div><div data-section-type="1" class="ps-section" data-id="SJ9xoGXbZIa" data-time="1702069011022">(iv) Introduce viruses, Trojans, worms, logic bombs, time bombs, keystroke loggers, spyware/adware or any other programme or code which adversely affects (or is intended to adversely affect) the operation of any computer software or hardware;</div><div data-section-type="1" class="ps-section" data-id="BkieiMmb-Ua" data-time="1702069011022">(v) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks or attempt to do any of the foregoing;</div><div data-section-type="1" class="ps-section" data-id="HJ2xoM7-Z8p" data-time="1702069011022">(vi) Gain, or attempt to gain, unauthorised access to the server on which the Handy Platform is stored, or any server, computer or database connected with the Handy Platform; or</div><div data-section-type="1" class="ps-section" data-id="Hkaliz7bZ8a" data-time="1702069011022">(vii) Attack the Handy Platform via a denial-of-service attack or a distributed denial-of-service attack.</div><div data-section-type="1" class="ps-section" data-id="S1RgsG7Z-IT" data-time="1702069011022">e. If you breach these Terms of Use, your right to use the Handy Platform will cease immediately.</div><div data-section-type="1" class="ps-section" data-id="rJyZiGQ-ZI6" data-time="1702069011022"><strong>3. <u>Your Account</u></strong></div><div data-section-type="1" class="ps-section" data-id="SkeWifmZZUT" data-time="1702069011022">a. Some functionality of the Handy Platform may require a Handy registered account (<strong>"Account"</strong>) to access. If you are aged 18 or over, you may register to create an Account, which will require you to provide certain personal data, which must be true, accurate, current and complete, and will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy. Access to your Account will be controlled with a unique username and password. You are responsible for keeping your Account password confidential and secure against unauthorised use, and for all activity that occurs using that Account.</div><div data-section-type="1" class="ps-section" data-id="r1ZZszmZb8T" data-time="1702069011022">b. We reserve the right to refuse to grant you an Account, or to cancel your Account, at any time, including if in our reasonable opinion, you have failed to comply with any provision of our Terms and Policies.</div><div data-section-type="1" class="ps-section" data-id="SyMZiGQ-bU6" data-time="1702069011022">c. If you know or suspect that anyone other than you knows how to access your Account, you must change your Account password and contact us immediately through the <a href="https://www.handy.com/help">Handy Help Center</a>.</div><div data-section-type="1" class="ps-section" data-id="HymboGXWWUa" data-time="1702069011022">d. Your privacy is important to us. Please see our Privacy and Cookies Policy here for details of how we will process your personal data, where it is provided to us, and how we will use cookies.</div><div data-section-type="1" class="ps-section" data-id="ByEZsMXZWL6" data-time="1702069011022">e. Handy gift codes/voucher codes (<strong>"Codes"</strong>) may be redeemed on the Platform when ordering Services subject to the following terms and conditions:</div><div data-section-type="1" class="ps-section" data-id="SJHbifQ-bIT" data-time="1702069011022">(i) Codes can be used to order Services of the same or higher price than the amount of money attributed to the Code with any balance to paid in accordance with sub-clause 3(e);</div><div data-section-type="1" class="ps-section" data-id="SkIZofQZW8T" data-time="1702069011022">(ii) Codes are valid for 1 year from the date issued by us;</div><div data-section-type="1" class="ps-section" data-id="S1P-jz7--L6" data-time="1702069011022">(iii) We do not accept liability for lost, stolen or damaged Codes;</div><div data-section-type="1" class="ps-section" data-id="ry_bjfmbZIp" data-time="1702069011022">(iv) Codes cannot be exchanged for cash or refunded (unless in accordance with your legal rights); and</div><div data-section-type="1" class="ps-section" data-id="HktWjGmZWLT" data-time="1702069011022">(v) the relevant Code terms and conditions will also apply and, where applicable, take precedence over this sub-clause 3(g).</div><div data-section-type="1" class="ps-section" data-id="SJ9-ozXZbU6" data-time="1702069011022">g. Text Messages and Phone Calls. By providing your phone number and using the Handy Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Handy Platform. You agree to Handy’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy’s use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="B1sZjM7-ZU6" data-time="1702069011022"><strong>4. <u>Submission Areas</u></strong></div><div data-section-type="1" class="ps-section" data-id="SkhWjGmWW8a" data-time="1702069011022">a. The Handy Platform has some areas where you may communicate with other users of the Handy Platform and with Handy, such as blogs, message boards, opportunities to provide reviews and/or other message or communication facilities. Any material which is posted to the Handy Platform (<strong>"User Content"</strong>) through your Account will be attributed to you, and you are personally responsible for it. Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="r16ZozXbZUp" data-time="1702069011022">b. We reserve the right to refuse to publish any User Content, or to remove or suspend access to such User Content if it does not comply with these Terms of Use, including the Acceptable Content warranty below. We will not be responsible for any loss or damages arising from our decision to exercise our rights under this clause.</div><div data-section-type="1" class="ps-section" data-id="Bk0ZifQZZL6" data-time="1702069011022">c. Views and opinions expressed in any User Content are those of the individual submitting that content. They are not our views and opinions and we do not accept responsibility for them. However, if you find any User Content on the Handy Platform that you consider is in breach of the Acceptable Content warranty below, please notify us by emailing <a href="mailto:legal@handy.com">legal@angi.com</a> using the subject heading "Unacceptable Content", setting out details of the User Content and where it can be found. We will endeavour to investigate promptly.</div><div data-section-type="1" class="ps-section" data-id="ry1MoGmWb8T" data-time="1702069011022">d. If you do not comply with the Acceptable Content warranty, or if any of your User Content causes us concern, we reserve the right to pass on that User Content to the relevant authorities. If a third party claims that your User Content infringes their rights, we reserve the right to disclose your identity to that third party (or their legal counsel).</div><div data-section-type="1" class="ps-section" data-id="BJeMjMmZZ8T" data-time="1702069011022">e. You hereby grant to us the non-exclusive, irrevocable, transferrable and sub-licensable, royalty-free permission to use, reproduce and publish your User Content (including the right to alter, adapt, amend or change your User Content) in any media or format anywhere in perpetuity and without restriction.</div><div data-section-type="1" class="ps-section" data-id="B1bzizmbWLa" data-time="1702069011022"><strong>5. <u>Acceptable Content</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJMzjfQW-8a" data-time="1702069011022">You represent and warrant that your User Content:</div><div data-section-type="1" class="ps-section" data-id="rJ7MjG7W-U6" data-time="1702069011022">a. does not contain or condone sexually explicit material or violence, or condone discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;</div><div data-section-type="1" class="ps-section" data-id="r14fjMmWWLa" data-time="1702069011022">b. is not threatening, abusive or intimidating, or provided with an intent to harass any other person;</div><div data-section-type="1" class="ps-section" data-id="SyHzsGXZZ8T" data-time="1702069011022">c. does not infringe anyone else's rights, including any intellectual property rights or right of confidentiality or privacy; in particular, User should not submit content which is protected by copyright, trade mark, patent, trade secret, moral right, or any other proprietary right without the express consent of the owner of the respective right;</div><div data-section-type="1" class="ps-section" data-id="BkIMsGmbZLa" data-time="1702069011022">d. complies with all applicable laws;</div><div data-section-type="1" class="ps-section" data-id="B1DzszQbWIa" data-time="1702069011022">e. does not contain any material which is defamatory, invades the privacy of any person, is obscene, offensive, or hate speech;</div><div data-section-type="1" class="ps-section" data-id="HJOGsMQ--Ua" data-time="1702069011022">f. does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;</div><div data-section-type="1" class="ps-section" data-id="HJFGsM7bWUT" data-time="1702069011022">g. is accurate and representative of your genuinely-held opinion where it states opinions – for example, in reviews;</div><div data-section-type="1" class="ps-section" data-id="By5MifmWZ8p" data-time="1702069011022">h. does not misrepresent your identity or affiliation with any person, or falsely gives the impression that such content comes from someone else;</div><div data-section-type="1" class="ps-section" data-id="ryoMizQbZUa" data-time="1702069011022">i. does not contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;</div><div data-section-type="1" class="ps-section" data-id="SynMozQWZ8p" data-time="1702069011022">j. does not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.); and</div><div data-section-type="1" class="ps-section" data-id="Hk6fofQWZLa" data-time="1702069011022">k. does not feature any individual who has not expressly consented to his or her image and/or voice being featured on the Handy Platform, nor any individual under the age of 18 without the consent of that individual's parent or guardian;</div><div data-section-type="1" class="ps-section" data-id="HJ0GiGQWb86" data-time="1702069011022">and you agree that you are responsible for any loss or damage we may suffer as a result of your breach of this warranty.</div><div data-section-type="1" class="ps-section" data-id="Bkk7of7bbUa" data-time="1702069011022"><strong>6. <u>Intellectual Property</u></strong></div><div data-section-type="1" class="ps-section" data-id="rygQiMmWWUa" data-time="1702069011022">a. You may access, view and print out the Handy Platform (excluding any User Content that does not belong to you) (<strong>"Handy Platform Content"</strong>) in accordance with our Terms and Policies for your own personal, non-commercial use. You may only print out or quote from the Handy Platform Content on the condition that you give us appropriate acknowledgement.</div><div data-section-type="1" class="ps-section" data-id="ryWQsM7Z-Ia" data-time="1702069011022">b. Nothing in the above permission impairs or restricts any author's moral rights in respect of any Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="rkMQozQ-bL6" data-time="1702069011022">c. We expressly reserve all intellectual property rights in and to the Handy Platform and the Handy Platform Content, including in and to the Handy Platform domain name and all related domains and sub-domains, the name "Handy", our logo device, service marks, trading names and/or trade marks. Other trade marks and product/company names mentioned on the Handy Platform may be trade marks of their respective owners or licensors and the rights in such marks are reserved to them.</div><div data-section-type="1" class="ps-section" data-id="ByXQjfXWWLp" data-time="1702069011022">d. You must not:</div><div data-section-type="1" class="ps-section" data-id="ByNmszmb-Ia" data-time="1702069011022">(i) Remove any copyright or other proprietary notices contained in the Handy Platform Content;</div><div data-section-type="1" class="ps-section" data-id="rJHXifXZb86" data-time="1702069011022">(ii) Use any Handy Platform Content in any manner that may infringe any copyright, intellectual property right or other proprietary right of us or any third parties;</div><div data-section-type="1" class="ps-section" data-id="ry87jMQbbUT" data-time="1702069011022">(iii) Use, or cause others to use, any automated system or software to extract Handy Platform Content (so-called "screen scraping"), except in cases where you and any applicable third party has entered into a written agreement with us that expressly permits that activity; and/or</div><div data-section-type="1" class="ps-section" data-id="r1vQsMQZZ8T" data-time="1702069011022">(iv) Reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Handy Platform and/or the Handy Platform Content for any commercial purpose, without our prior written consent by way of a written licence agreement.</div><div data-section-type="1" class="ps-section" data-id="ryOXiGm--La" data-time="1702069011022"><strong>7. <u>Linking</u></strong></div><div data-section-type="1" class="ps-section" data-id="rJYmsGQZWLp" data-time="1702069011022">a. You may link to any page of the Handy Platform, for non-commercial purposes and provided that:</div><div data-section-type="1" class="ps-section" data-id="rkcXofm-W86" data-time="1702069011022">(i) you do so in a way that is fair and legal and which does not damage or take unfair advantage of our reputation;</div><div data-section-type="1" class="ps-section" data-id="H1jmsGQbZLT" data-time="1702069011022">(ii) any link does not contain or associate the Handy Platform with any pornographic or illegal material, or any material that is offensive, harassing, or otherwise objectionable;</div><div data-section-type="1" class="ps-section" data-id="r13QjfQ-bUp" data-time="1702069011022">(iii) you do not do so in a way that suggests any form of association, approval or endorsement on our part where none exists; and/or</div><div data-section-type="1" class="ps-section" data-id="rJ67iGQ-bUp" data-time="1702069011022">(iv) you do not do so in a way that removes or obscures by framing or otherwise advertisements or copyright or other proprietary notices contained in the Handy Platform,</div><div data-section-type="1" class="ps-section" data-id="SJAXof7WZLa" data-time="1702069011022">b. We reserve the right to withdraw linking permission at any time without notice. If you would like to link to the Handy Platform for commercial purposes, or otherwise than provided above, please contact us at <a href="https://www.handy.com/help">handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="r1y4jzmWWUT" data-time="1702069011022">c. The Handy Platform may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable for the content, accuracy or opinions expressed in such websites or the standard of goods and/or services available through or on such websites. Unless expressly stated otherwise, links do not mean that we are, or the Handy Platform is, affiliated or associated with such third-party sites.</div><div data-section-type="1" class="ps-section" data-id="r1lEiM7bb8T" data-time="1702069011022">d. Our communications with you may contain information sourced from third-party websites, which we will mark as such. We may also provide a link to the source website of such information. We do not accept responsibility or liability for any material supplied by or contained on any third-party website which is linked from our communications with you, or any use of personal data by such a third party. Your access of any linked third-party website is at your own risk, and our Terms and Policies will not apply to your browsing or interaction on any third-party site, so we recommend that you read that third-party website's terms and policies before proceeding.</div><div data-section-type="1" class="ps-section" data-id="rkb4jf7b-8T" data-time="1702069011022"><strong>8. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJz4jz7WZU6" data-time="1702069011022">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="SJ7NiM7bb8p" data-time="1702069011022">b. You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="rJ4EjGQbbL6" data-time="1702069011022">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. Handy reserves the right to terminate the use of the App or any other aspect of the Handy Platform should you be using the App or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="S1SVizXWb8a" data-time="1702069011022">d. <strong>App Store Sourced Application</strong></div><div data-section-type="1" class="ps-section" data-id="SyIVjfXbbUa" data-time="1702069011022">(i) With respect to an App accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the App not expressly granted to you under these Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="BJDNiGXb-LT" data-time="1702069011022">(ii) You acknowledge and agree that (i) these Terms of Use are valid between you and Handy only, and, that Apple is not a party to these Terms of Use other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="HkdEiMQWbIp" data-time="1702069011022">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rktNozXW-8p" data-time="1702069011022">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="By54ofQ-ZUT" data-time="1702069011022">(v) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="HJs4ozXW-Ua" data-time="1702069011022">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="rk2EozmZZ8p" data-time="1702069011022">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="S1aVsGX-bUT" data-time="1702069011022">(viii) Without limiting any provisions of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="H10Noz7b-U6" data-time="1702069011022"><strong>9. <u>Our Liability</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hy1rsG7-W8p" data-time="1702069011022">a. Nothing in our Terms and Policies shall affect your statutory rights, or exclude or limit our liability for death or personal injury arising through our negligence, fraudulent misrepresentation and/or anything else which cannot be excluded or limited by us under English law.</div><div data-section-type="1" class="ps-section" data-id="BJlHsfXb-UT" data-time="1702069011022">b. <strong><u>We will not be liable under these Terms of Use for:</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1WSizmb-86" data-time="1702069011022">(i) <strong><u>Any loss or damage caused by us where there is no breach of a legal duty of care owed to you by us or by any of our employees, and such loss or damage is not a reasonably foreseeable result of any such breach;</u></strong></div><div data-section-type="1" class="ps-section" data-id="Byfrsz7Wb86" data-time="1702069011022">(ii) <strong><u>Indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or opportunity); and/or</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk7rozmZZ86" data-time="1702069011022">(iii) <strong><u>Any increase in loss or damage resulting from breach by you of any of these Terms of Use.</u></strong></div><div data-section-type="1" class="ps-section" data-id="SyVSszXbZLT" data-time="1702069011022">c. <strong><u>To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Handy Platform.</u></strong> In particular, we do not represent or warrant that:</div><div data-section-type="1" class="ps-section" data-id="BkrBsMQ-W8a" data-time="1702069011022">(i) The Handy Platform Content is accurate or complete;</div><div data-section-type="1" class="ps-section" data-id="HyISoGXbZIp" data-time="1702069011022">(ii) The Handy Platform will be error-free, virus-free or free from other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer hardware, software, data or other proprietary material due to your use of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BJwSsGXWZLT" data-time="1702069011022">d. The Handy Platform is provided "as is", and we do not accept responsibility for any failure to maintain the Handy Platform, including without limitation any inaccuracies or typographical errors.</div><div data-section-type="1" class="ps-section" data-id="Sy_riMm-W8T" data-time="1702069011022"><strong>10. <u>Applicable Law</u></strong></div><div data-section-type="1" class="ps-section" data-id="B1KHszm-W86" data-time="1702069011022">a. These Terms of Use are governed by English law.</div><div data-section-type="1" class="ps-section" data-id="SyqHjMQZZU6" data-time="1702069011022">b. We will try and solve any disagreements arising from or related to a visit to the Handy Platform quickly and efficiently. If you are not happy with the way we deal with any such disagreement and you want to take court proceedings, you must do this in the United Kingdom.</div><div data-section-type="1" class="ps-section" data-id="rkiSsMmWW86" data-time="1702069011022" cursorposition="28">Last updated: March 27, 2024</div> </div> </div> </div> </div> <div id="contract-id-459905-version-6578a7f9a0cc4ec6670dd2e5" data-vid="6578a7f9a0cc4ec6670dd2e5" class="version-container js-version-container-459905 " style="display: none;"> <div id="version-languages-6578a7f9a0cc4ec6670dd2e5" class="version-translation-container"> <div id="version-6578a7f9a0cc4ec6670dd2e5-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="GB Terms of Use"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023  <span class="light">to</span>  March 27th 2024</h5> <a id="download-version-6578a7f9a0cc4ec6670dd2e5-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578a7f9a0cc4ec6670dd2e5.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578a7f9a0cc4ec6670dd2e5"> <div data-section-type="1" class="ps-section" data-id="rkszQ-WIT" data-time="1702069011022"><strong>For Handy's Sweepstakes and Contest Official Rules, please click <a href="https://www.handy.com/sweepstakes">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="SkxszmZZU6" data-time="1702069011022"><strong>For our Booking Terms and Conditions, which are the terms and conditions that apply when you make any bookings via our Platform, please click <a href="https://www.handy.com/booking_terms">here</a>.</strong></div><div data-section-type="1" class="ps-section" data-id="Sy-szQZ-8T" data-time="1702069011022">These terms of use cover your use, as a UK user, of our website <a href="https://www.handy.com">www.handy.com</a> (<strong>"Website"</strong>), our mobile applications (the <strong>"App"</strong>), and our services (collectively the <strong>"Handy Platform"</strong>). Please read them carefully before you start to use the Handy Platform, as they apply to your use of the Handy Platform. By using the Handy Platform, you confirm that you accept these terms, including the terms of our Privacy and Cookies Policy, and that you agree to comply with them. If there is anything you do not agree with, please do not use the Handy Platform. If there is anything you do not understand, please contact us at <a href="https://www.handy.com/help">handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="SyMifQ-ZI6" data-time="1702069011022">These terms of use include:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="S1QjzXWbUT" data-time="1702069011022"> <li class="ps-section" data-id="SyEof7ZbIa" data-time="1702069011022">Your agreement that the Handy Platform is provided "as is" and without warranty (Clause 9.c)</li> <li class="ps-section" data-id="SyHoMX--86" data-time="1702069011022">Your agreement to certain restrictions on our liability to you (Clause 9.b)</li> <li class="ps-section" data-id="S1LiMXbZIp" data-time="1702069011022">Your agreement to how we may amend these Terms of Use from time to time (Clause 1.e)</li> <li class="ps-section" data-id="rJPozQW-86" data-time="1702069011022">Your agreement to our collection, storage and use of your personal data in accordance with our Privacy and Cookies Policy which you can access <a href="https://www.handy.com/privacy">here</a>.</li></ul><div data-section-type="1" class="ps-section" data-id="Hk_ifQW-Ia" data-time="1702069011022"><strong>1. <u>Introduction</u></strong></div><div data-section-type="1" class="ps-section" data-id="rktoz7bbLp" data-time="1702069011022">a. The Handy Platform is provided by We Are Mop! Limited, a company incorporated in the United Kingdom under registration number 08334346 d/b/a Handy (<strong>"Handy"</strong>, <strong>"we"</strong> or <strong>"us"</strong>) to you, as a user of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Sy5sGmW-8T" data-time="1702069011022">b. We have set the terms under which we are providing you with access to the Handy Platform and any services we offer from the Handy Platform, including our provision of a centralized booking point for selected third-party service providers (the <strong>"Professionals"</strong>). These include the terms and conditions that govern:</div><div data-section-type="1" class="ps-section" data-id="ryijf7WZLa" data-time="1702069011022">(i) Your rights to use the Handy Platform (these <strong>"Terms of Use"</strong>)</div><div data-section-type="1" class="ps-section" data-id="Hk3iMQZWIp" data-time="1702069011022">(ii) How we will use and protect information about you (our <strong>"Privacy and Cookies Policy"</strong>); and</div><div data-section-type="1" class="ps-section" data-id="Byaof7bb8p" data-time="1702069011022">(iii) Our Booking Terms and Conditions in relation to the third-party services we offer from the Handy Platform (our <strong>"Booking Terms and Conditions"</strong>).</div><div data-section-type="1" class="ps-section" data-id="HJ0sMXZbL6" data-time="1702069011022">Together or individually these may be referred to as our <strong>"Terms and Policies"</strong>.</div><div data-section-type="1" class="ps-section" data-id="BJ1gofQ-bUp" data-time="1702069011022">c. These Terms and Policies do not cover the terms on which we engage our Professionals. If you are a Professional, please check the Professional Terms of Business provided to you upon signing up with us. If you would like to apply to become a Professional, please click <a href="https://www.handy.com/apply">here</a>.</div><div data-section-type="1" class="ps-section" data-id="HJlljM7WbLT" data-time="1702069011022">d. If you enter any prize competitions or other promotions on the Handy Platform, separate terms may also apply in addition to these Terms and Policies. In the event of a conflict between any additional terms and conditions and these Terms and Policies, the additional terms will prevail to the extent of the conflict.</div><div data-section-type="1" class="ps-section" data-id="H1WgoGmbWUT" data-time="1702069011022">e. We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Handy Platform. You should check these Terms and Policies regularly to ensure that you are agree to any changes. You will be deemed to have accepted any changes to the Terms and Policies after you have been notified of the changes on the Handy Platform homepage, and you continue to access or use the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rJfgifXZ-Ia" data-time="1702069011022"><strong>2. <u>Access to the Handy Platform</u></strong></div><div data-section-type="1" class="ps-section" data-id="H1QgofXb-Ip" data-time="1702069011022">a. Access to the Handy Platform is permitted on a temporary basis. We reserve the right to withdraw or amend the Handy Platform (and any services offered on it) without notice to you. We reserve the right to withdraw, vary or suspend the Handy Platform (or any part of it) at any time without notice. We will not be liable if for any reason the Handy Platform or any part of it is unavailable at any time or for any period.</div><div data-section-type="1" class="ps-section" data-id="H1VesMQbZIp" data-time="1702069011022">b. You are responsible for making all arrangements necessary to access and view the Handy Platform, and you should ensure that you have up to date anti-virus software on any device from which you access the Handy Platform. You are also responsible for ensuring that all persons accessing the Handy Platform through your internet connection are aware of these Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="S1HeizXbZLp" data-time="1702069011022">c. Materials and information posted on the Handy Platform are not intended as advice, including legal advice, and should not be relied upon as such. To the fullest extent permitted by law, we shall not be responsible or liable if you place any reliance on such information.</div><div data-section-type="1" class="ps-section" data-id="rkUeoGm-WU6" data-time="1702069011022">d. You must not:</div><div data-section-type="1" class="ps-section" data-id="SkDejGQW-UT" data-time="1702069011022">(i) Use the Handy Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent;</div><div data-section-type="1" class="ps-section" data-id="Sk_lifQWZUp" data-time="1702069011022">(ii) Advertise or offer to sell any goods or services for any commercial purpose, or solicit employment or contract work which is not relevant to the services offered through the Handy Platform;</div><div data-section-type="1" class="ps-section" data-id="rJtesM7ZWIa" data-time="1702069011022">(iii) Solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the Handy Platform without express written permission from us;</div><div data-section-type="1" class="ps-section" data-id="SJ9xoGXbZIa" data-time="1702069011022">(iv) Introduce viruses, Trojans, worms, logic bombs, time bombs, keystroke loggers, spyware/adware or any other programme or code which adversely affects (or is intended to adversely affect) the operation of any computer software or hardware;</div><div data-section-type="1" class="ps-section" data-id="BkieiMmb-Ua" data-time="1702069011022">(v) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Handy Platform, its servers or any connected networks or attempt to do any of the foregoing;</div><div data-section-type="1" class="ps-section" data-id="HJ2xoM7-Z8p" data-time="1702069011022">(vi) Gain, or attempt to gain, unauthorised access to the server on which the Handy Platform is stored, or any server, computer or database connected with the Handy Platform; or</div><div data-section-type="1" class="ps-section" data-id="Hkaliz7bZ8a" data-time="1702069011022">(vii) Attack the Handy Platform via a denial-of-service attack or a distributed denial-of-service attack.</div><div data-section-type="1" class="ps-section" data-id="S1RgsG7Z-IT" data-time="1702069011022">e. If you breach these Terms of Use, your right to use the Handy Platform will cease immediately.</div><div data-section-type="1" class="ps-section" data-id="rJyZiGQ-ZI6" data-time="1702069011022"><strong>3. <u>Your Account</u></strong></div><div data-section-type="1" class="ps-section" data-id="SkeWifmZZUT" data-time="1702069011022">a. Some functionality of the Handy Platform may require a Handy registered account (<strong>"Account"</strong>) to access. If you are aged 18 or over, you may register to create an Account, which will require you to provide certain personal data, which must be true, accurate, current and complete, and will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy. Access to your Account will be controlled with a unique username and password. You are responsible for keeping your Account password confidential and secure against unauthorised use, and for all activity that occurs using that Account.</div><div data-section-type="1" class="ps-section" data-id="r1ZZszmZb8T" data-time="1702069011022">b. We reserve the right to refuse to grant you an Account, or to cancel your Account, at any time, including if in our reasonable opinion, you have failed to comply with any provision of our Terms and Policies.</div><div data-section-type="1" class="ps-section" data-id="SyMZiGQ-bU6" data-time="1702069011022">c. If you know or suspect that anyone other than you knows how to access your Account, you must change your Account password and contact us immediately through the <a href="https://www.handy.com/help">Handy Help Center</a>.</div><div data-section-type="1" class="ps-section" data-id="HymboGXWWUa" data-time="1702069011022">d. Your privacy is important to us. Please see our Privacy and Cookies Policy here for details of how we will process your personal data, where it is provided to us, and how we will use cookies.</div><div data-section-type="1" class="ps-section" data-id="ByEZsMXZWL6" data-time="1702069011022">e. Handy gift codes/voucher codes (<strong>"Codes"</strong>) may be redeemed on the Platform when ordering Services subject to the following terms and conditions:</div><div data-section-type="1" class="ps-section" data-id="SJHbifQ-bIT" data-time="1702069011022">(i) Codes can be used to order Services of the same or higher price than the amount of money attributed to the Code with any balance to paid in accordance with sub-clause 3(e);</div><div data-section-type="1" class="ps-section" data-id="SkIZofQZW8T" data-time="1702069011022">(ii) Codes are valid for 1 year from the date issued by us;</div><div data-section-type="1" class="ps-section" data-id="S1P-jz7--L6" data-time="1702069011022">(iii) We do not accept liability for lost, stolen or damaged Codes;</div><div data-section-type="1" class="ps-section" data-id="ry_bjfmbZIp" data-time="1702069011022">(iv) Codes cannot be exchanged for cash or refunded (unless in accordance with your legal rights); and</div><div data-section-type="1" class="ps-section" data-id="HktWjGmZWLT" data-time="1702069011022">(v) the relevant Code terms and conditions will also apply and, where applicable, take precedence over this sub-clause 3(g).</div><div data-section-type="1" class="ps-section" data-id="SJ9-ozXZbU6" data-time="1702069011022">g. Text Messages and Phone Calls. By providing your phone number and using the Handy Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Handy Platform. You agree to Handy’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy’s use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="B1sZjM7-ZU6" data-time="1702069011022"><strong>4. <u>Submission Areas</u></strong></div><div data-section-type="1" class="ps-section" data-id="SkhWjGmWW8a" data-time="1702069011022">a. The Handy Platform has some areas where you may communicate with other users of the Handy Platform and with Handy, such as blogs, message boards, opportunities to provide reviews and/or other message or communication facilities. Any material which is posted to the Handy Platform (<strong>"User Content"</strong>) through your Account will be attributed to you, and you are personally responsible for it. Some areas in the Submission Areas within the Handy Platform will be public and Handy will not be responsible for any information or materials posted in such public areas. Handy may, in its discretion, publicly post submissions you submit to a non-public area of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="r16ZozXbZUp" data-time="1702069011022">b. We reserve the right to refuse to publish any User Content, or to remove or suspend access to such User Content if it does not comply with these Terms of Use, including the Acceptable Content warranty below. We will not be responsible for any loss or damages arising from our decision to exercise our rights under this clause.</div><div data-section-type="1" class="ps-section" data-id="Bk0ZifQZZL6" data-time="1702069011022">c. Views and opinions expressed in any User Content are those of the individual submitting that content. They are not our views and opinions and we do not accept responsibility for them. However, if you find any User Content on the Handy Platform that you consider is in breach of the Acceptable Content warranty below, please notify us by emailing <a href="mailto:legal@handy.com">legal@handy.com</a> using the subject heading "Unacceptable Content", setting out details of the User Content and where it can be found. We will endeavour to investigate promptly.</div><div data-section-type="1" class="ps-section" data-id="ry1MoGmWb8T" data-time="1702069011022">d. If you do not comply with the Acceptable Content warranty, or if any of your User Content causes us concern, we reserve the right to pass on that User Content to the relevant authorities. If a third party claims that your User Content infringes their rights, we reserve the right to disclose your identity to that third party (or their legal counsel).</div><div data-section-type="1" class="ps-section" data-id="BJeMjMmZZ8T" data-time="1702069011022">e. You hereby grant to us the non-exclusive, irrevocable, transferrable and sub-licensable, royalty-free permission to use, reproduce and publish your User Content (including the right to alter, adapt, amend or change your User Content) in any media or format anywhere in perpetuity and without restriction.</div><div data-section-type="1" class="ps-section" data-id="B1bzizmbWLa" data-time="1702069011022"><strong>5. <u>Acceptable Content</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJMzjfQW-8a" data-time="1702069011022">You represent and warrant that your User Content:</div><div data-section-type="1" class="ps-section" data-id="rJ7MjG7W-U6" data-time="1702069011022">a. does not contain or condone sexually explicit material or violence, or condone discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;</div><div data-section-type="1" class="ps-section" data-id="r14fjMmWWLa" data-time="1702069011022">b. is not threatening, abusive or intimidating, or provided with an intent to harass any other person;</div><div data-section-type="1" class="ps-section" data-id="SyHzsGXZZ8T" data-time="1702069011022">c. does not infringe anyone else's rights, including any intellectual property rights or right of confidentiality or privacy; in particular, User should not submit content which is protected by copyright, trade mark, patent, trade secret, moral right, or any other proprietary right without the express consent of the owner of the respective right;</div><div data-section-type="1" class="ps-section" data-id="BkIMsGmbZLa" data-time="1702069011022">d. complies with all applicable laws;</div><div data-section-type="1" class="ps-section" data-id="B1DzszQbWIa" data-time="1702069011022">e. does not contain any material which is defamatory, invades the privacy of any person, is obscene, offensive, or hate speech;</div><div data-section-type="1" class="ps-section" data-id="HJOGsMQ--Ua" data-time="1702069011022">f. does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;</div><div data-section-type="1" class="ps-section" data-id="HJFGsM7bWUT" data-time="1702069011022">g. is accurate and representative of your genuinely-held opinion where it states opinions – for example, in reviews;</div><div data-section-type="1" class="ps-section" data-id="By5MifmWZ8p" data-time="1702069011022">h. does not misrepresent your identity or affiliation with any person, or falsely gives the impression that such content comes from someone else;</div><div data-section-type="1" class="ps-section" data-id="ryoMizQbZUa" data-time="1702069011022">i. does not contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;</div><div data-section-type="1" class="ps-section" data-id="SynMozQWZ8p" data-time="1702069011022">j. does not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.); and</div><div data-section-type="1" class="ps-section" data-id="Hk6fofQWZLa" data-time="1702069011022">k. does not feature any individual who has not expressly consented to his or her image and/or voice being featured on the Handy Platform, nor any individual under the age of 18 without the consent of that individual's parent or guardian;</div><div data-section-type="1" class="ps-section" data-id="HJ0GiGQWb86" data-time="1702069011022">and you agree that you are responsible for any loss or damage we may suffer as a result of your breach of this warranty.</div><div data-section-type="1" class="ps-section" data-id="Bkk7of7bbUa" data-time="1702069011022"><strong>6. <u>Intellectual Property</u></strong></div><div data-section-type="1" class="ps-section" data-id="rygQiMmWWUa" data-time="1702069011022">a. You may access, view and print out the Handy Platform (excluding any User Content that does not belong to you) (<strong>"Handy Platform Content"</strong>) in accordance with our Terms and Policies for your own personal, non-commercial use. You may only print out or quote from the Handy Platform Content on the condition that you give us appropriate acknowledgement.</div><div data-section-type="1" class="ps-section" data-id="ryWQsM7Z-Ia" data-time="1702069011022">b. Nothing in the above permission impairs or restricts any author's moral rights in respect of any Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="rkMQozQ-bL6" data-time="1702069011022">c. We expressly reserve all intellectual property rights in and to the Handy Platform and the Handy Platform Content, including in and to the Handy Platform domain name and all related domains and sub-domains, the name "Handy", our logo device, service marks, trading names and/or trade marks. Other trade marks and product/company names mentioned on the Handy Platform may be trade marks of their respective owners or licensors and the rights in such marks are reserved to them.</div><div data-section-type="1" class="ps-section" data-id="ByXQjfXWWLp" data-time="1702069011022">d. You must not:</div><div data-section-type="1" class="ps-section" data-id="ByNmszmb-Ia" data-time="1702069011022">(i) Remove any copyright or other proprietary notices contained in the Handy Platform Content;</div><div data-section-type="1" class="ps-section" data-id="rJHXifXZb86" data-time="1702069011022">(ii) Use any Handy Platform Content in any manner that may infringe any copyright, intellectual property right or other proprietary right of us or any third parties;</div><div data-section-type="1" class="ps-section" data-id="ry87jMQbbUT" data-time="1702069011022">(iii) Use, or cause others to use, any automated system or software to extract Handy Platform Content (so-called "screen scraping"), except in cases where you and any applicable third party has entered into a written agreement with us that expressly permits that activity; and/or</div><div data-section-type="1" class="ps-section" data-id="r1vQsMQZZ8T" data-time="1702069011022">(iv) Reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Handy Platform and/or the Handy Platform Content for any commercial purpose, without our prior written consent by way of a written licence agreement.</div><div data-section-type="1" class="ps-section" data-id="ryOXiGm--La" data-time="1702069011022"><strong>7. <u>Linking</u></strong></div><div data-section-type="1" class="ps-section" data-id="rJYmsGQZWLp" data-time="1702069011022">a. You may link to any page of the Handy Platform, for non-commercial purposes and provided that:</div><div data-section-type="1" class="ps-section" data-id="rkcXofm-W86" data-time="1702069011022">(i) you do so in a way that is fair and legal and which does not damage or take unfair advantage of our reputation;</div><div data-section-type="1" class="ps-section" data-id="H1jmsGQbZLT" data-time="1702069011022">(ii) any link does not contain or associate the Handy Platform with any pornographic or illegal material, or any material that is offensive, harassing, or otherwise objectionable;</div><div data-section-type="1" class="ps-section" data-id="r13QjfQ-bUp" data-time="1702069011022">(iii) you do not do so in a way that suggests any form of association, approval or endorsement on our part where none exists; and/or</div><div data-section-type="1" class="ps-section" data-id="rJ67iGQ-bUp" data-time="1702069011022">(iv) you do not do so in a way that removes or obscures by framing or otherwise advertisements or copyright or other proprietary notices contained in the Handy Platform,</div><div data-section-type="1" class="ps-section" data-id="SJAXof7WZLa" data-time="1702069011022">b. We reserve the right to withdraw linking permission at any time without notice. If you would like to link to the Handy Platform for commercial purposes, or otherwise than provided above, please contact us at <a href="https://www.handy.com/help">handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="r1y4jzmWWUT" data-time="1702069011022">c. The Handy Platform may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable for the content, accuracy or opinions expressed in such websites or the standard of goods and/or services available through or on such websites. Unless expressly stated otherwise, links do not mean that we are, or the Handy Platform is, affiliated or associated with such third-party sites.</div><div data-section-type="1" class="ps-section" data-id="r1lEiM7bb8T" data-time="1702069011022">d. Our communications with you may contain information sourced from third-party websites, which we will mark as such. We may also provide a link to the source website of such information. We do not accept responsibility or liability for any material supplied by or contained on any third-party website which is linked from our communications with you, or any use of personal data by such a third party. Your access of any linked third-party website is at your own risk, and our Terms and Policies will not apply to your browsing or interaction on any third-party site, so we recommend that you read that third-party website's terms and policies before proceeding.</div><div data-section-type="1" class="ps-section" data-id="rkb4jf7b-8T" data-time="1702069011022"><strong>8. <u>The App / Mobile Devices</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJz4jz7WZU6" data-time="1702069011022">a. The Handy Platform may allow you to access our services, download our Apps, upload content to the Handy Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.</div><div data-section-type="1" class="ps-section" data-id="SJ7NiM7bb8p" data-time="1702069011022">b. You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).</div><div data-section-type="1" class="ps-section" data-id="rJ4EjGQbbL6" data-time="1702069011022">c. Handy is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. Handy reserves the right to terminate the use of the App or any other aspect of the Handy Platform should you be using the App or the Handy Platform with an incompatible or unauthorized device.</div><div data-section-type="1" class="ps-section" data-id="S1SVizXWb8a" data-time="1702069011022">d. <strong>App Store Sourced Application</strong></div><div data-section-type="1" class="ps-section" data-id="SyIVjfXbbUa" data-time="1702069011022">(i) With respect to an App accessed through or downloaded from the Apple App Store (<strong>"App Store Sourced Application"</strong>), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Handy reserves all rights in and to the App not expressly granted to you under these Terms of Use.</div><div data-section-type="1" class="ps-section" data-id="BJDNiGXb-LT" data-time="1702069011022">(ii) You acknowledge and agree that (i) these Terms of Use are valid between you and Handy only, and, that Apple is not a party to these Terms of Use other than as third-party beneficiary as contemplated below, and (ii) Handy, not Apple, is solely responsible for the App Store Sourced Application and the Handy Platform Content.</div><div data-section-type="1" class="ps-section" data-id="HkdEiMQWbIp" data-time="1702069011022">(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="rktNozXW-8p" data-time="1702069011022">(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="By54ofQ-ZUT" data-time="1702069011022">(v) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and Handy, Handy and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.</div><div data-section-type="1" class="ps-section" data-id="HJs4ozXW-Ua" data-time="1702069011022">(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.</div><div data-section-type="1" class="ps-section" data-id="rk2EozmZZ8p" data-time="1702069011022">(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use for App Store Sourced Applications against you as a third-party beneficiary thereof.</div><div data-section-type="1" class="ps-section" data-id="S1aVsGX-bUT" data-time="1702069011022">(viii) Without limiting any provisions of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</div><div data-section-type="1" class="ps-section" data-id="H10Noz7b-U6" data-time="1702069011022"><strong>9. <u>Our Liability</u></strong></div><div data-section-type="1" class="ps-section" data-id="Hy1rsG7-W8p" data-time="1702069011022">a. Nothing in our Terms and Policies shall affect your statutory rights, or exclude or limit our liability for death or personal injury arising through our negligence, fraudulent misrepresentation and/or anything else which cannot be excluded or limited by us under English law.</div><div data-section-type="1" class="ps-section" data-id="BJlHsfXb-UT" data-time="1702069011022">b. <strong><u>We will not be liable under these Terms of Use for:</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1WSizmb-86" data-time="1702069011022">(i) <strong><u>Any loss or damage caused by us where there is no breach of a legal duty of care owed to you by us or by any of our employees, and such loss or damage is not a reasonably foreseeable result of any such breach;</u></strong></div><div data-section-type="1" class="ps-section" data-id="Byfrsz7Wb86" data-time="1702069011022">(ii) <strong><u>Indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or opportunity); and/or</u></strong></div><div data-section-type="1" class="ps-section" data-id="Bk7rozmZZ86" data-time="1702069011022">(iii) <strong><u>Any increase in loss or damage resulting from breach by you of any of these Terms of Use.</u></strong></div><div data-section-type="1" class="ps-section" data-id="SyVSszXbZLT" data-time="1702069011022">c. <strong><u>To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Handy Platform.</u></strong> In particular, we do not represent or warrant that:</div><div data-section-type="1" class="ps-section" data-id="BkrBsMQ-W8a" data-time="1702069011022">(i) The Handy Platform Content is accurate or complete;</div><div data-section-type="1" class="ps-section" data-id="HyISoGXbZIp" data-time="1702069011022">(ii) The Handy Platform will be error-free, virus-free or free from other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer hardware, software, data or other proprietary material due to your use of the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BJwSsGXWZLT" data-time="1702069011022">d. The Handy Platform is provided "as is", and we do not accept responsibility for any failure to maintain the Handy Platform, including without limitation any inaccuracies or typographical errors.</div><div data-section-type="1" class="ps-section" data-id="Sy_riMm-W8T" data-time="1702069011022"><strong>10. <u>Applicable Law</u></strong></div><div data-section-type="1" class="ps-section" data-id="B1KHszm-W86" data-time="1702069011022">a. These Terms of Use are governed by English law.</div><div data-section-type="1" class="ps-section" data-id="SyqHjMQZZU6" data-time="1702069011022">b. We will try and solve any disagreements arising from or related to a visit to the Handy Platform quickly and efficiently. If you are not happy with the way we deal with any such disagreement and you want to take court proceedings, you must do this in the United Kingdom.</div><div data-section-type="1" class="ps-section" data-id="rkiSsMmWW86" data-time="1702069011022">Last updated: <strong>November 15, 2016</strong></div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459931" class="contract-container group-item " data-id="459931" data-key="gb-privacy-policy" data-groups="" style="display: none;"> <div class="contract-header"> <h2>GB Privacy Policy</h2> <div class="row"> <div class="six columns" id="version-effective-date-459931"> <label for="select-version-459931" class="select-version select-version-label">Version</label> <select name="versions-459931" id="select-version-459931" class="select-version select-version-select input-select"> <option selected value="contract-id-459931-version-6578aaf396e275e9683a58e0" class="contract-id-459931-version-6578aaf396e275e9683a58e0" data-version="1.0">Version 1.0  (Current)</option> </select> </div> </div> </div> <div id="contract-versions-459931"> <div id="contract-id-459931-version-6578aaf396e275e9683a58e0" data-vid="6578aaf396e275e9683a58e0" class="version-container js-version-container-459931 " style="display: block;"> <div id="version-languages-6578aaf396e275e9683a58e0" class="version-translation-container"> <div id="version-6578aaf396e275e9683a58e0-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="GB Privacy Policy"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023</h5> <a id="download-version-6578aaf396e275e9683a58e0-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578aaf396e275e9683a58e0.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578aaf396e275e9683a58e0"> <div data-section-type="1" class="ps-section" data-id="SkVTWRxU6" data-time="1702056379597"> <hr /> </div><div data-section-type="1" class="ps-section" data-id="B1xNab0lLp" data-time="1702056379597">We have made revisions to this Privacy Policy, effective August 12, 2022. By continuing to use our services after August 12, 2022, you agree to the new Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="HJZEa-Ax8T" data-time="1702056379597"> <hr /> </div><div data-section-type="1" class="ps-section" data-id="rkMEa-CeUa" data-time="1702056379597">Effective Date: <b>August 12, 2022</b></div><div data-section-type="1" class="ps-section" data-id="HJmV6-0xLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkNNpW0gU6" data-time="1702056379597">Handy Technologies, Inc., and its affiliates, parents, and subsidiaries ("Handy" or "we", "us", or the "Company") take your privacy seriously. This Privacy Policy explains how we collect, use, share, and protect your Personal Information. If you do not want us to handle your Personal Information in this manner, please do not use the Handy Platform. Personal Information is information that relates to you as an individually identifiable person, such as your name, e-mail address, and mobile number.</div><div data-section-type="1" class="ps-section" data-id="rySVa-RlU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkIEpWReIa" data-time="1702056379597"><strong>This Privacy Policy explains:</strong></div><div data-section-type="1" class="ps-section" data-id="SJvE6-ReIa" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="ryd4TW0xLp" data-time="1702056379597"> <li class="ps-section" data-id="rkt4pW0x86" data-time="1702056379597">What information we collect</li> <li class="ps-section" data-id="rJcE6ZRlI6" data-time="1702056379597">How we use that information</li> <li class="ps-section" data-id="HJoE6ZRgI6" data-time="1702056379597">How we may share that information and for what purposes</li> <li class="ps-section" data-id="Hk246bAeU6" data-time="1702056379597">How we protect your information</li> <li class="ps-section" data-id="BypE6bCgUp" data-time="1702056379597">Your choices regarding our collection and use of your Personal Information, including information specific to California and Nevada residents</li> <li class="ps-section" data-id="Hy04pWRlL6" data-time="1702056379597">How to contact us with questions about this Privacy Policy</li></ul><div data-section-type="1" class="ps-section" data-id="ry1gVabRlIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="B1elETZ0eL6" data-time="1702056379597">This Privacy Policy applies only to (a) information that we collect on the websites Handy.com, site.mopp.com, and site.iamexec.com (collectively, the<strong>"Site"</strong>) and (b) through the Handy mobile applications, including the mobile application for service requesters and the mobile application for service professionals (the<strong>"App"</strong>) (collectively the<strong>"Handy Platform"</strong>).</div><div data-section-type="1" class="ps-section" data-id="S1bg4TW0x8a" data-time="1702056379597"><br /></div><div id="section1" data-section-type="1" class="ps-section" data-id="r1fx4TbCeUa" data-time="1702056379597"><strong>I. INFORMATION WE COLLECT</strong></div><div data-section-type="1" class="ps-section" data-id="B1mxN6-AxLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HJVgVTZ0gLa" data-time="1702056379597"><strong>a) Personal Information You Give Us</strong></div><div data-section-type="1" class="ps-section" data-id="rJSg4pb0gLT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HyLxEpWAgLa" data-time="1702056379597">We collect information that you voluntarily share with us through the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="HyPxEpWCxI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S1OgE6b0gLT" data-time="1702056379597">If you are using the Handy Platform to request professional services, or contact Handy or its third-party service providers, you may give us:</div><div data-section-type="1" class="ps-section" data-id="rJFlEp-RxIT" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="HyqlNT-0xUp" data-time="1702056379597"> <li class="ps-section" data-id="HJilN6b0xLT" data-time="1702056379597">Contact information and identifiers, such as your name, physical address, telephone number, and email address</li> <li class="ps-section" data-id="BJne4pb0eUa" data-time="1702056379597">Log-in information and identifiers, including your Handy Platform username and password, homeadvisor.com username and password, and/or angieslist.com username and password</li> <li class="ps-section" data-id="Hkax4pWAgIT" data-time="1702056379597">Information about your home, such as the number of bedrooms, the types of appliances, zip code or postal code where your home is located and your instructions for servicing your home</li> <li class="ps-section" data-id="SyRe46bRgLT" data-time="1702056379597">Billing information, such as credit or debit card number, expiration date & security code and/or information regarding your PayPal, Google Wallet or other digital payment accounts and the Handy Platform itself</li> <li class="ps-section" data-id="r1y-EaZAeL6" data-time="1702056379597">Ratings and reviews of the service professionals you engage through the Handy Platform</li></ul><div data-section-type="1" class="ps-section" data-id="rJlbNa-Rx8T" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkZbVaZAlL6" data-time="1702056379597">If you participate on the Handy Platform as a service professional, or contact Handy or its third-party service providers, you may give us:</div><div data-section-type="1" class="ps-section" data-id="rkfb4aW0xL6" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="Sy7Z4aZAlLT" data-time="1702056379597"> <li class="ps-section" data-id="SkVW4aZClIa" data-time="1702056379597">Contact information and identifiers, such as your name, email address, mailing address, and phone number</li> <li class="ps-section" data-id="HkHZNT-ReLp" data-time="1702056379597">Log-in information and identifiers, including your Handy Platform username and password, homeadvisor.com username and password, and/or angieslist.com username and password</li> <li class="ps-section" data-id="r1LWVTWAgUa" data-time="1702056379597">Application information, if requesting consideration to participate as a service professional through the Handy Platform, such as your experience, skills, eligibility to work, and availability</li> <li class="ps-section" data-id="S1w-VpZReLa" data-time="1702056379597">Photographs of yourself</li> <li class="ps-section" data-id="Hy_W4p-0eUp" data-time="1702056379597">Social Security number, if you are a service professional who wishes to participate on the Handy Platform in the United States and you are selected for a background check</li></ul><div data-section-type="1" class="ps-section" data-id="rJFZ4T-CgUa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S1qb4pZClIp" data-time="1702056379597">If you apply on the Handy Platform for employment with Handy, you may give us:</div><div data-section-type="1" class="ps-section" data-id="rkjW4p-Ag8a" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="rJ3-N6bRe8T" data-time="1702056379597"> <li class="ps-section" data-id="H1pWNaZAe8T" data-time="1702056379597">Contact information and identifiers, including your name, email address, telephone number, and mailing address</li> <li class="ps-section" data-id="B1RZNpbAeIT" data-time="1702056379597">Resume and LinkedIn profile</li></ul><div data-section-type="1" class="ps-section" data-id="S1JG4TZ0eIp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S1xzVpbAeU6" data-time="1702056379597"><u>More about payment card information:</u></div><div data-section-type="1" class="ps-section" data-id="BkWGNTWCgI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="BJMGEpW0gIa" data-time="1702056379597">Although users can submit credit card or other payment card information to pay for a service through the Handy Platform, Handy does not receive this information itself. Payment card information is transmitted directly to a third-party payment card processor, Stripe, through an Internet connection secured by industry-standard Transport Layer Security (TLS) encryption technology. Stripe then communicates to Handy whether your payment has cleared, but does not provide payment card information to Handy.</div><div data-section-type="1" class="ps-section" data-id="B1XGVpWClIa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ryVfNab0xI6" data-time="1702056379597"><strong>Surveys</strong></div><div data-section-type="1" class="ps-section" data-id="BJBGVTWCl8a" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S18fVTWCeI6" data-time="1702056379597">You may, at your choice, complete surveys on the Handy Platform or distributed by Handy about, for example, your level of satisfaction with the Handy Platform, your engagement with the Handy Platform, and your awareness of Handy Platform features. In some cases, we may link the information you provide in the survey with Personal Information in your Handy account, such as your name or email address. When linked to Personal Information, your survey information becomes Personal Information too.</div><div data-section-type="1" class="ps-section" data-id="BkPzNpWCeI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HyOGN6WRxLT" data-time="1702056379597"><strong>b) Information We Collect Through Technology</strong></div><div data-section-type="1" class="ps-section" data-id="SJKfNpWRxIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Bk5fNT-ClIT" data-time="1702056379597">We collect information through technology to enhance our ability to serve you. When you access and use the Handy Platform, or contact Handy or its third-party service providers, Handy and, in some cases, our third-party service providers collect information about you or how you interact with the Handy Platform. We describe below a few of the methods we use to collect information through technology.</div><div data-section-type="1" class="ps-section" data-id="rJjfNTZAgLa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkhG4p-ClUT" data-time="1702056379597">When you visit the Handy Platform, we collect your Internet Protocol (IP) address. An IP address is often associated with the portal you used to enter the Internet, like your Internet service provider (ISP), company, association, or university. While an IP address may reveal your ISP or geographic area, we cannot determine your identity solely based upon your IP address. However, we may link the last IP address you used to access the Handy Platform to Personal Information you provide us. Where, according to local law, IP addresses and the like are considered Personal Information, we treat them as such.</div><div data-section-type="1" class="ps-section" data-id="BkpzEaWCeLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ryAG4aZAxLT" data-time="1702056379597">We may also collect a unique identifier for your computer, mobile device, or other device used to access the Handy Platform (<strong>"Device Identifier"</strong>). A Device Identifier is a number that is automatically assigned to the device you used to access the Handy Platform. We may link the Device Identifier to other information about your visit, such as what pages you viewed, and to Personal Information you provide us, such as your name. In addition to these methods, we may also collect information about how you interact with the Handy Platform through advertising partners and data enrichment tools.</div><div data-section-type="1" class="ps-section" data-id="Sy1Q4pWCxIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rkgXVT-AeLT" data-time="1702056379597"><strong>Do We Use Cookies?</strong></div><div data-section-type="1" class="ps-section" data-id="HJ-Q4TWClIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ryMmNT-RlIT" data-time="1702056379597">Yes. For more information about cookies, please visit our<a href="/cookies">Cookies Policy</a>.</div><div data-section-type="1" class="ps-section" data-id="BJ774TW0xUa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="B1VQ4aZAeLa" data-time="1702056379597"><strong>Web Beacons</strong></div><div data-section-type="1" class="ps-section" data-id="ByBXVa-0gIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="BkIQEpW0xL6" data-time="1702056379597">We may include small graphic images or other web programming code, called web beacons (also known as "pixel tags", "web bugs" or "clear GIFs"), in our web and mobile pages and messages. The web beacons are minute graphics with a unique identifier. They are used to track the online movements of Web users. In contrast to cookies, which are stored in a user's computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons help us better manage content on the Handy Platform by informing us what content is effective, monitoring how users navigate the Handy Platform, counting users of the Handy Platform, and counting how many e-mails sent by us were actually opened.</div><div data-section-type="1" class="ps-section" data-id="r1vX4a-Ag86" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkOXVaWAxUT" data-time="1702056379597"><strong>Your 'Do Not Track' Browser Setting</strong></div><div data-section-type="1" class="ps-section" data-id="BkKQNTWRl8T" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Byq746bCeUa" data-time="1702056379597">We do not support the Do Not Track (DNT) browser setting. DNT is a preference you can set in your browser's settings to let the websites you visit know that you do not want the websites collecting your Personal Information.</div><div data-section-type="1" class="ps-section" data-id="H1iXEpWRg8p" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Sy2QVT-RxLp" data-time="1702056379597">We do track your online activities over time and across third-party websites or online services. For example, we use web beacons to help us determine what links or advertisers brought you to our Site. We also use third-party service providers to display advertisements to you on other websites based on your activities while on the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="S16m46WCxIa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ByCmEpbRl8p" data-time="1702056379597"><strong>c) Information Collected by Mobile Applications</strong></div><div data-section-type="1" class="ps-section" data-id="ryyVNpWClLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SyeNVTW0xUT" data-time="1702056379597">When you use the App, the App may automatically collect and store some or all of the following information from your mobile device (<strong>"Mobile Device Information"</strong>), including, but not limited to:</div><div data-section-type="1" class="ps-section" data-id="HkZVNa-0gIa" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="B1ME4pZCg86" data-time="1702056379597"> <li class="ps-section" data-id="SymN46WAg86" data-time="1702056379597">The type of Internet browsers you use with the App.</li> <li class="ps-section" data-id="ByEV4pWRgU6" data-time="1702056379597">Your preferred country site.</li> <li class="ps-section" data-id="B1HEEab0lU6" data-time="1702056379597">Your mobile operating system.</li> <li class="ps-section" data-id="SyLVVpZ0eI6" data-time="1702056379597">Your phone number or other identifiers assigned to your mobile device, including: The IP address of your mobile device, The manufacturer and model of your mobile device</li></ul><div data-section-type="1" class="ps-section" data-id="HJwNNpb0eIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkOEVpW0x8T" data-time="1702056379597">We may also collect information about how you use the App, such as the amount of time you spend using the App, how many times you use a specific feature of the App over a given time period, how often you use the App, and actions you take in the App. In addition, we may gather information about the website from which you downloaded the App to help us determine what App download site is most effective (collectively<strong>"App Usage Information"</strong>).</div><div data-section-type="1" class="ps-section" data-id="H1tVV6bRlIp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="r19EE6-Ax8p" data-time="1702056379597">We may link your Mobile Device Information and App Usage Information to Personal Information you have provided us, in which case we will treat the combined information as Personal Information.</div><div data-section-type="1" class="ps-section" data-id="Bks4Npb0g8a" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HknN4pbAlL6" data-time="1702056379597"><strong>Location Tracking</strong></div><div data-section-type="1" class="ps-section" data-id="rkpN4a-ReIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HyCVETWCxLa" data-time="1702056379597">If you are a service professional using Handy's mobile application for service professionals (the<strong>"Pro Portal"</strong>), we may collect your geographic location by using Global Positioning System (GPS) information sent to us from the Pro Portal. For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal.</div><div data-section-type="1" class="ps-section" data-id="S1kBVpWCl8p" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="BJxrNT-0l8T" data-time="1702056379597">We only collect location information about service professionals who have been accepted to participate on the Handy Platform and not about service requesters or about service professionals applying to participate in the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rJZr4Tb0lUp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="H1zBN6ZCgUa" data-time="1702056379597"><strong>d) Information You Provide About A Third Party</strong></div><div data-section-type="1" class="ps-section" data-id="B1mrEaZCeL6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ry4HEpb0e8T" data-time="1702056379597">If you choose to use our referral service to tell a friend about the Handy Platform, we may collect your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Handy Platform. We store this information only to send this one-time email and to track the success of our referral program. We do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you refer a friend, your e-mail address may be included in the message sent to your friend.</div><div data-section-type="1" class="ps-section" data-id="HkrHNTZAgIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rJ8S4T-ClUp" data-time="1702056379597">If you are using the Handy Platform to request professional services, you may provide us ratings and reviews of the service professionals you engage through the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="HywSV6WCeU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SyOBV6-Ag8p" data-time="1702056379597"><strong>e) Information Third Parties Provide About You</strong></div><div data-section-type="1" class="ps-section" data-id="BJtH46WCgLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Bk5HN6b0lUp" data-time="1702056379597"><b>Conversion Tracking</b>: We may supplement the information we collect about you through the Handy Platform with records received from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you. For example, websites on which we have placed advertisements, such as Google, may tell us which ads about Handy you clicked. This is often called "conversion tracking."</div><div data-section-type="1" class="ps-section" data-id="BJoB4abClI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HJ2rNpZClU6" data-time="1702056379597"><b>Background Checks</b>: In addition, when third parties such as Hirease, Onfido or Checkr.com conduct background checks on service professionals, those third parties share the results of the background check with Handy.</div><div data-section-type="1" class="ps-section" data-id="SkarEpZCl8T" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SyCBNT-0eUT" data-time="1702056379597"><b>Recording Phone Calls</b>: Selected third-parties, including those who may assist in providing customer service support, may monitor and/or record the contents of phone calls made through or in relation to the Handy Platform, after notice to you and with your consent.</div><div data-section-type="1" class="ps-section" data-id="HyJ8Vp-Ce86" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Bke8Npb0lIp" data-time="1702056379597"><b>Social Networking Sites</b>: If you login to the Handy Platform through a social networking site, such as Facebook, we may collect your Facebook authentication token and account identification number and use that information to provide you with access to your account on the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Bk-L46ZCxUp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SyzL4TZCx86" data-time="1702056379597"><b>Ratings and Reviews</b>: If you are using the Handy Platform as a service professional, we may receive information about you in the form of ratings and reviews from requesters who engaged your professional services through the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BkmLVpZRe86" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SJELVpWAeIa" data-time="1702056379597"><b>Photographs of Completed Services</b>: If you are using the Handy Platform to request services, service professionals booked through the Handy Platform may take photographs of completed services and provide them to Handy.</div><div data-section-type="1" class="ps-section" data-id="HJHLETZ0lU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S18LNpbAgUa" data-time="1702056379597"><b>Message Interception</b>: If you call or text (SMS) message a service professional or service requester using the telephone number provided by Handy, Handy uses Twilio to mask your telephone number. During this process, Handy and Twilio receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages.</div><div data-section-type="1" class="ps-section" data-id="H1vLEpWAeUp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SyuIE6-0lU6" data-time="1702056379597">If you send a message to a service professional or service requester in the App, Handy uses Sendbird to process the communications. During this process, Handy and Sendbird receive in real time and store message data, including the date, time, and content of the messages.</div><div data-section-type="1" class="ps-section" data-id="HJtUVaZ0lIp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="BJcUVTZCeL6" data-time="1702056379597">If you are using the Handy Platform as a service professional, we may receive information about you in the form of ratings and reviews from Requesters who engaged your professional services through the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="S1sLE6W0gI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HJ28ETWRxUT" data-time="1702056379597">We will apply this Privacy Policy to any Personal Information received from third parties, unless we have disclosed otherwise.</div><div data-section-type="1" class="ps-section" data-id="BJaIV6-CeLa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Bk0UET-CgLT" data-time="1702056379597"><strong>f) Information You Provide to a Third Party</strong></div><div data-section-type="1" class="ps-section" data-id="r1kw4TWAgLT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkeDN6-Al8T" data-time="1702056379597">The Handy Platform includes links from the Handy Platform to sites or applications operated by third parties (<strong>"Third-Party Sites"</strong>) and plug-ins (such as Twitter buttons) from Third-Party Sites.</div><div data-section-type="1" class="ps-section" data-id="r1ZvVTWRlI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkGD46W0g8a" data-time="1702056379597">For example, service professionals may be directed to a Third Party Site, such as Checkr.com, Onfido.com, SterlingTalentSolutions.com, or Hirease.com, so that the Third Party Site can conduct a background check. The Third Party Site may ask the service professional for identifying information to conduct the background check.</div><div data-section-type="1" class="ps-section" data-id="SJXPEaZ0xIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkNPV6b0g8p" data-time="1702056379597">Some Third-Party Sites link to Handy and share information with Handy. For example, in some cases, you can book services through the Handy Platform with one of our booking partners (“Booking Partner”). In that case, you might provide the booking information, such as your name, telephone number, email address, and booking address, to the Booking Partner. The Booking Partner might then share the necessary booking information with us.</div><div data-section-type="1" class="ps-section" data-id="HkBPNTWReL6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="B18PNT-ReLa" data-time="1702056379597">Handy does not control any Third-Party Sites, and is not responsible for any information they may collect. The information collection practices of a Third-Party Site are governed by that site's privacy policy.</div><div data-section-type="1" class="ps-section" data-id="ByPvE6-AxLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SyOvV6-0x86" data-time="1702056379597">We recommend that you read the Third-Party Site's privacy policy if you choose to enter any Third-Party Site or click on a plug-in.</div><div data-section-type="1" class="ps-section" data-id="HJtv46ZAgU6" data-time="1702056379597"><br /></div><div id="section2" data-section-type="1" class="ps-section" data-id="B1qPNaWAxL6" data-time="1702056379597"><strong>II. HOW WE USE THE PERSONAL INFORMATION WE COLLECT</strong></div><div data-section-type="1" class="ps-section" data-id="B1jvNTbReU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SJhDV6-ReIp" data-time="1702056379597">We – including without limitation our affiliates, parents, and subsidiaries – use the information we collect to serve our customers, consider applicants, market and promote our services, perform research and development for new products and services, conduct quality assurance for our services, prevent fraud on the Handy Platform, ensure and improve security on the Handy Platform, and improve your experience at the Handy Platform. Some examples include:</div><div data-section-type="1" class="ps-section" data-id="S16PNp-0l86" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="HJ0vNa-AeL6" data-time="1702056379597"> <li class="ps-section" data-id="SykdETW0eUT" data-time="1702056379597">Scheduling, rescheduling, and cancelling services</li> <li class="ps-section" data-id="rkxO46bRgLa" data-time="1702056379597">Rating and reviewing service professionals</li> <li class="ps-section" data-id="r1bONpZRx86" data-time="1702056379597">Providing public profiles of service professionals</li> <li class="ps-section" data-id="rkfdNpZRxLa" data-time="1702056379597">Addressing service complaints</li> <li class="ps-section" data-id="HJX_4pWClU6" data-time="1702056379597">Communicating with you by email, telephone, or text message, in accordance with your wishes</li> <li class="ps-section" data-id="SkEd46-0gU6" data-time="1702056379597">Managing payments for services</li> <li class="ps-section" data-id="BJSOVTbCx86" data-time="1702056379597">Considering whether to engage service professionals on the Handy Platform</li> <li class="ps-section" data-id="S1UO4aZAgIT" data-time="1702056379597">Evaluating job applications to work at Handy</li> <li class="ps-section" data-id="r1vu4aZCg8p" data-time="1702056379597">Improving customer service</li> <li class="ps-section" data-id="BkOOVpWRlLa" data-time="1702056379597">Sending you marketing and promotional emails, on behalf of Handy or selected third parties, unless you have told us you do not want to receive such emails</li> <li class="ps-section" data-id="HJFuE6ZRl86" data-time="1702056379597">Troubleshooting technical problems on the Handy Platform</li> <li class="ps-section" data-id="BJqd4T-0eU6" data-time="1702056379597">Responding to questions and feedback</li> <li class="ps-section" data-id="BJs_VpbRl8T" data-time="1702056379597">Conducting research and analysis</li> <li class="ps-section" data-id="BynO4aZClUT" data-time="1702056379597">Running online or mobile sweepstakes, contents, or other promotions</li> <li class="ps-section" data-id="SJpu4p-Rx8p" data-time="1702056379597">Marketing and advertising Handy products and services and those of selected third parties</li> <li class="ps-section" data-id="ByRuNa-AgU6" data-time="1702056379597">Continuously evaluating and improving the online and mobile user experience</li> <li class="ps-section" data-id="SykKNp-0xLp" data-time="1702056379597">Preventing, discovering and investigating violations of this Privacy Policy or any applicable terms of service or terms of use for the Mobile Application, and investigating fraud, chargebacks or other matters</li> <li class="ps-section" data-id="HkltEpZAgL6" data-time="1702056379597">Contacting you with regard to your use of the Handy Platform and, in our discretion, changes to the Handy Platform and/or the Handy Platform policies</li> <li class="ps-section" data-id="SyZK46WAxLa" data-time="1702056379597">Compliance with the law or to protect the rights, property, or safety of Handy, our users, or others, including to maintain network and information security, for fraud prevention, and to report suspected criminal acts</li></ul><div data-section-type="1" class="ps-section" data-id="HJfYE6WCeUa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SyQY4TWCxIp" data-time="1702056379597">By using the Handy platform, you expressly consent and agree to accept and receive communications from us, including via text message, calls, and push notifications to the cellular telephone number you provided to us. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by Handy, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Handy, its affiliated companies and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Handy Platform or Services, updates concerning new and existing features on the Handy Platform, communications concerning promotions run by us, and news concerning Handy and industry developments. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Handy Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Handy at any time. You may opt-out of receiving all text (SMS) messages from Handy (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Handy Platform or the Services. You also acknowledge that Handy or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services.</div><div data-section-type="1" class="ps-section" data-id="HyEt4a-AeIa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HJrF4aWCxI6" data-time="1702056379597">You agree to Handy’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by Handy. During this process, Handy and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Handy’s use and disclosure of this call data for its legitimate business purposes.</div><div data-section-type="1" class="ps-section" data-id="HJUKVaZRx86" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ByDtVp-Re86" data-time="1702056379597">The information described in this section may be transferred to, or processed and stored in, the United States and other countries, which may employ greater or less restrictive data protection laws. In all cases, we will take appropriate measures to protect your personal information in accordance with the policies described herein.</div><div data-section-type="1" class="ps-section" data-id="SkdYEabAeUT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkKYVaZCeUT" data-time="1702056379597"><strong>Data Retention</strong></div><div data-section-type="1" class="ps-section" data-id="HyqtNT-CgLT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkjF4TWAgIa" data-time="1702056379597">We delete the back-ups of the databases containing your Personal Information after 13 months.</div><div data-section-type="1" class="ps-section" data-id="SJhYN6bCx86" data-time="1702056379597"><br /></div><div id="section3" data-section-type="1" class="ps-section" data-id="H16K46W0lUa" data-time="1702056379597"><strong>III. HOW WE SHARE THE INFORMATION WE COLLECT</strong></div><div data-section-type="1" class="ps-section" data-id="Bk0Y4T-RlIa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rJJ546ZAeU6" data-time="1702056379597">We may sell, rent, or trade your Personal Information to third parties as disclosed in this Privacy Policy at the time you provide your information. The following are the ways and purposes for which we share your information:</div><div data-section-type="1" class="ps-section" data-id="rke946b0xIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HyZ9NTW0eIT" data-time="1702056379597"><strong>a) Affiliated Companies</strong></div><div data-section-type="1" class="ps-section" data-id="B1Gc4TbRe8a" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SyQ54pZ0lUT" data-time="1702056379597">We may share your Personal Information among our various affiliates, parents, and subsidiaries, including without limitation Angi, Inc., Angie’s List, Inc., and HomeAdvisor, Inc., for the purposes of facilitating aspects of services offered through the Handy Platform or our affiliates' platforms and for marketing purposes.</div><div data-section-type="1" class="ps-section" data-id="Bk494pZ0gU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkHcE6-ClI6" data-time="1702056379597"><strong>b) Service Professional Profiles, Service Instructions by Requesters, and Ratings and Reviews by Requesters</strong></div><div data-section-type="1" class="ps-section" data-id="B1I946-RgL6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SJv5ETZ0g8p" data-time="1702056379597">The Handy Platform may display profiles of the service professionals who participate on the Handy Platform. These profiles may include the service professional’s name, and ratings and reviews about the service professional provided by their customers. The service professional’s profile may be visible to all users of the Handy Platform and on Booking Partners’ websites.</div><div data-section-type="1" class="ps-section" data-id="SJd9EpbAxLT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Byt5VpbAgLa" data-time="1702056379597">If you provide a rating or review about a service professional, we may post your first name, the initial of your last name, and the name of your neighborhood along with your rating or review on the service professional’s profile on the Handy Platform and on Booking Partners’ websites. In addition, service professionals may use your ratings and reviews, as well as this personal information about you, in their own marketing materials.</div><div data-section-type="1" class="ps-section" data-id="B1cqVT-0xLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Bko546ZRgIa" data-time="1702056379597">If you provide information about your home to request a booking or a quote for a service, we may post your first name, the initial of your last name, the type of service requested, your zip code and region, the number of service providers requested, the date of your booking or quote request, your requested service date, and any description of the requested service or service instructions or notes that you provide on the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="SkhqEab0eI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Hypq4pZCe8p" data-time="1702056379597"><strong>c) Third Parties Providing Services on Our Behalf</strong></div><div data-section-type="1" class="ps-section" data-id="SJRqV6WAl8T" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HyyjV6-0lLp" data-time="1702056379597">Third party companies and individuals provide or facilitate certain aspects of the services offered through the Handy Platform on our behalf. We may provide these third-party service providers with access to your information, including your Personal Information, so that they can perform these services for us. We require these third-party service providers to provide safeguards for your Personal Information similar to the ones that we provide.</div><div data-section-type="1" class="ps-section" data-id="Syxi4T-0gIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SJWjEp-0gIp" data-time="1702056379597">The following are some examples of how we share your information with third-party service providers.</div><div data-section-type="1" class="ps-section" data-id="r1fi46Z0lLT" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="HkmsN6-AgUp" data-time="1702056379597"> <li class="ps-section" data-id="BJ4sNaWCxIp" data-time="1702056379597"><b>Data Analytics.</b> We retain third-party service providers to help us perform data analytics regarding your interactions with the Handy Platform. For example, Google Analytics and Bounce Exchange may track what pages users visit on the Site, whether users use any coupon codes, and what services users request to determine how users use the Site. For example, Branch Metrics and Mixpanel collect and provide reports to us showing how you interact with the Handy Platform using information, such as your IP address, browser ID and Device Identifier.</li> <li class="ps-section" data-id="ryBjVpZReIa" data-time="1702056379597">In some cases, these third-party service providers, such as Epsilon, may in turn share your Personal Information, such as your name and email address, with other third parties for their marketing-related purposes.</li> <li class="ps-section" data-id="Sy8iEaZRgL6" data-time="1702056379597"><b>Platform Features.</b> Service providers help us to provide functions available through the Handy Platform. For example, we may share your Device Identifier with Urban Airship so that it can help us to send you push notifications. We share your telephone number and call data with Twilio, as described in Section I(e), above, so that Twilio can mask your telephone number. We share your telephone number, call data, device id and other Handy account and device information with Sendbird, as described in Section I(e), above, to help facilitate communication using the App.</li> <li class="ps-section" data-id="HJvjV6Z0lIT" data-time="1702056379597"><b>Payment Processing.</b> We use Stripe, a third-party service provider, to process any billing information, including credit card information you submit.</li> <li class="ps-section" data-id="H1Os4pWClUT" data-time="1702056379597"><b>User Reviews Aggregation.</b> We use third-party service providers, such as Bazaarvoice, to aggregate user reviews and publish them on third party websites.</li> <li class="ps-section" data-id="BkYo4TbCeLp" data-time="1702056379597"><b>Email Delivery.</b> We use third-party service providers, such as Customer.io and Sendgrid, to deliver email to our users.</li> <li class="ps-section" data-id="Hk5oEpZRgIT" data-time="1702056379597"><b>Background Check Service Providers.</b> When service professionals applying to participate on the Handy Platform in the United States provide their Social Security numbers for a background check, the Social Security number is transmitted using TLS encryption to the background check service provider. Handy also securely provides U.S. service professional's Social Security numbers to the check processor.</li> <li class="ps-section" data-id="rJojNT-CxIp" data-time="1702056379597"><b>Marketing and Promotional Vendors and Partners.</b> We may share Personal Information with third party service providers who assist us with marketing, and with other trusted parties whom we believe offer products or services that may be of interest to you.</li> <li class="ps-section" data-id="By2oETWAeLT" data-time="1702056379597"><b>Digital Vault Services.</b> If you participate in Handy Vault, Handy uses KeyCafe, a third-party service provider, to store and provide digital access for your keys to services professionals participating on the Handy platform. As part of this service, Handy will provide KeyCafe your name and your physical keys. If you provide services to a customer who participates in Handy Vault, Handy uses KeyCafe, a third-party service provider, to provide digital access to the customer's keys. As part of this service, Handy will provide KeyCafe your mobile phone number.</li> <li class="ps-section" data-id="BJpsNpb0eUp" data-time="1702056379597"><b>Customer Support</b>. We use third-party service providers to assist with providing customer support for questions you may have about your account and use of the Handy Platform. We may disclose your Personal Information to such service providers to assist with responding to your questions.</li> <li class="ps-section" data-id="rJCjV6WAl86" data-time="1702056379597"><b>Legal Advice</b>. We may disclose your Personal Information to an attorney in the process of obtaining legal advice.</li></ul><div data-section-type="1" class="ps-section" data-id="H1knE6b0e8a" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rygnVpZCl8a" data-time="1702056379597"><strong>d) Banks and Credit Card Companies</strong></div><div data-section-type="1" class="ps-section" data-id="rkZhEp-0g86" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Skz3E6bAe8a" data-time="1702056379597">We may disclose your Personal Information to banks and credit card companies in the process of investigating payment fraud and/or responding to disputed charges.</div><div data-section-type="1" class="ps-section" data-id="ry7hVpWAxUa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkVnEabRlLp" data-time="1702056379597"><strong>e) Third Parties Providing Information on Available Services or Marketing Offers</strong></div><div data-section-type="1" class="ps-section" data-id="r1B34T-RxIp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkI2E6ZAxL6" data-time="1702056379597">By using the Handy Platform, you may be contacted, either by Handy or directly by selected third parties, with opportunities to receive information on available services or marketing offers. If you agree to share your Personal Information to receive this information or marketing offers, your Personal Information may be disclosed to such third parties. All the information you disclose to the third parties will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to sharing your Personal Information with them. If you later decide that you no longer want to receive communication from such a third party, you will need to contact that third party directly.</div><div data-section-type="1" class="ps-section" data-id="B1DhNa-CgUp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Hyd2VTbRlI6" data-time="1702056379597"><strong>f) Booking Partners</strong></div><div data-section-type="1" class="ps-section" data-id="rJK3VTZAlU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SJ93Na-0gIa" data-time="1702056379597">We share your Personal Information with Booking Partners. Upon request, we provide our Booking Partner with information about the services you booked or provided, as applicable, through the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="Bks3NT-AxLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rk3nE6ZRlLT" data-time="1702056379597"><strong>g) Sweepstakes, Contests and Promotions</strong></div><div data-section-type="1" class="ps-section" data-id="SJa3ETbAgIa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkC2V6-ReI6" data-time="1702056379597">We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Handy Platform that may require providing Personal Information to register. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. Please read the official rules carefully. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners' list.</div><div data-section-type="1" class="ps-section" data-id="HJyTV6bCxLa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rJg6Eab0gUp" data-time="1702056379597"><strong>h) Social Network Site Authentication</strong></div><div data-section-type="1" class="ps-section" data-id="ryZp4pbAgLT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HyzaVaZ0x8a" data-time="1702056379597">If you choose to log-in to the Handy Platform through Facebook, Twitter, or another social networking site, we may share information about your account with the social networking site.</div><div data-section-type="1" class="ps-section" data-id="B17aNa-CgUa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rJVTN6WRxU6" data-time="1702056379597"><strong>i) Administrative and Legal Reasons</strong></div><div data-section-type="1" class="ps-section" data-id="H1BTETWCxIp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkLp4pW0xIa" data-time="1702056379597"><strong>Required Disclosures:</strong></div><div data-section-type="1" class="ps-section" data-id="B1Pp46W0xLa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Hkd64T-Al8T" data-time="1702056379597">We may be required to disclose Personal Information in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.</div><div data-section-type="1" class="ps-section" data-id="ryK6VTZAeL6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Sy564aWCeU6" data-time="1702056379597"><strong>Legal Compliance and Protections:</strong></div><div data-section-type="1" class="ps-section" data-id="rJsTV6-AeIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="By2aVTZRe8p" data-time="1702056379597">We may disclose account and other Personal Information when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of Handy, our users, or others. This includes exchanging Personal Information with other companies and organizations for fraud prevention and credit risk reduction.</div><div data-section-type="1" class="ps-section" data-id="SkTaETWAeU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkCTE6Z0gIp" data-time="1702056379597"><strong>h) Corporate Transactions</strong></div><div data-section-type="1" class="ps-section" data-id="ByJCNaWAeU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Bkl04pZ0xLa" data-time="1702056379597">We reserve the right to disclose and transfer your information, including your Personal Information:</div><div data-section-type="1" class="ps-section" data-id="BJW0VpWAx8a" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="SkzRE6WAeI6" data-time="1702056379597"> <li class="ps-section" data-id="SJQAN6-0lIa" data-time="1702056379597">To a subsequent owner, co-owner, or operator of the Handy Platform or successor database.</li> <li class="ps-section" data-id="H1VRNpbRxIa" data-time="1702056379597">In connection with a corporate merger, consolidation, the sale of substantially all of our membership interests and/or assets or other corporate change, including to any prospective purchasers.</li></ul><div data-section-type="1" class="ps-section" data-id="SkrRNabClL6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SkUA4ab0l8a" data-time="1702056379597"><strong>CHILDREN'S ONLINE PRIVACY PROTECTION ACT COMPLIANCE</strong></div><div data-section-type="1" class="ps-section" data-id="SkP0N6b0g8a" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="BJuRV6bAeUp" data-time="1702056379597">We do not collect any information from anyone under 13 years of age. The Handy Platform, and products and services offered through it, are all directed to people who are at least 13 years old or older. If you are under the age of 13, you are not authorized to use the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="SyFA4aWCxIa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rJqC4abAxUp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ByjRV6WCxUa" data-time="1702056379597"><br /></div><div id="section4" data-section-type="1" class="ps-section" data-id="BkhREpWCx8T" data-time="1702056379597"><strong>IV. HOW WE PROTECT THE PERSONAL INFORMATION WE COLLECT</strong></div><div data-section-type="1" class="ps-section" data-id="rkaA4p-AgIa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="BJCA4ab0xUa" data-time="1702056379597">The security and confidentiality of your Personal Information is important to us. We have implemented technical, administrative, and physical security measures to protect your Personal Information from unauthorized access or disclosure and improper use.</div><div data-section-type="1" class="ps-section" data-id="BkkyxE6Z0gLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="r1xJgNT-CgLp" data-time="1702056379597">For example, when users book services, the information they input is encrypted through TLS encryption. We do not store credit card information on our servers, and we use TLS encryption to protect your credit card information when it is transferred to our third-party payment processor. In addition, access to your Personal Information is restricted in our offices. Only employees who need the Personal Information to perform a specific job, for example, sales representatives, managers, and customer service staff, are granted access to Personal Information. All employees with access to Personal Information are kept up-to-date on our security and privacy practices. After a new policy is added, these employees are notified and/or reminded about the importance we place on privacy, and what they can do to enhance protection for our users' Personal Information.</div><div data-section-type="1" class="ps-section" data-id="BkZJeE6ZRg8T" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ByGklN6ZCxIT" data-time="1702056379597">It is important for you to protect against unauthorized access to your account password and to your computer. Be sure to log out of your account or to close your browser after you have completed your visit to our Site.</div><div data-section-type="1" class="ps-section" data-id="SyX1l4TWClIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HJVyxE6ZAl8a" data-time="1702056379597">Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Information.</div><div data-section-type="1" class="ps-section" data-id="SJrkgEp-0x8p" data-time="1702056379597"><br /></div><div id="section5" data-section-type="1" class="ps-section" data-id="ByIklNabCgL6" data-time="1702056379597"><strong>V. YOUR CHOICES REGARDING THE INFORMATION WE COLLECT</strong></div><div data-section-type="1" class="ps-section" data-id="Syv1e4pZ0lI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Sy_JeVa-AlLp" data-time="1702056379597">You may contact<a href="mailto:privacy@handy.com">privacy@handy.com</a>to update, correct, or delete your Personal Information. You may also update, correct, and delete some of your Personal Information through your account on the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="S1KylEaWCgI6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Hkc1xE6ZAlUp" data-time="1702056379597">In addition, you may cancel or modify the email communications you have chosen to receive from the Handy Platform by following the instructions contained in emails from us.</div><div data-section-type="1" class="ps-section" data-id="S1ikeVTZCeUa" data-time="1702056379597"><br /></div><div id="section5a" data-section-type="1" class="ps-section" data-id="S1hJeETZ0xIa" data-time="1702056379597"><strong>a) YOUR CALIFORNIA PRIVACY RIGHTS/CALIFORNIA CONSUMER PRIVACY ACT NOTICE</strong></div><div data-section-type="1" class="ps-section" data-id="BJTkx4pZRlU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S1CJxVp-ClUa" data-time="1702056379597">This California Consumer Act Privacy Notice (“<b>CCPA Notice</b>”) applies to “Consumers” as defined by the California Consumer Privacy Act (“<b>CCPA</b>”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “<b>CA PI</b>”).</div><div data-section-type="1" class="ps-section" data-id="S1Jxg4aZ0e86" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="BJllxEpZAl8p" data-time="1702056379597">We collect and share the categories of CA PI set forth in the foregoing Sections I and III of this Privacy Policy from the sources set forth in Section I and for the purposes set forth in Sections II and III.</div><div data-section-type="1" class="ps-section" data-id="r1-egVp-CxU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkMlgN6-Cl8p" data-time="1702056379597">In addition, we may collect, use and disclose your CA PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.</div><div data-section-type="1" class="ps-section" data-id="HJQxl4TZ0x8a" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S1VgxNaZ0gL6" data-time="1702056379597">We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your CA PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in our<a href="https://handy.com/cookies#section2d">Cookies Policy.</a>We do not represent that these third-party tools, programs or statements are complete or accurate.</div><div data-section-type="1" class="ps-section" data-id="SkBexNa-AxLT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HJUegEab0gUp" data-time="1702056379597">Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.</div><div data-section-type="1" class="ps-section" data-id="HJwxg4pZClIT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="By_xeE6-CeIa" data-time="1702056379597">California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“<b>Verifiable Consumer Request</b>”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected CA PI. Please follow the instructions below and respond to any follow up inquiries we may make.</div><div data-section-type="1" class="ps-section" data-id="SktegVp-ClIa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Hk5elVTWCx86" data-time="1702056379597">Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.</div><div data-section-type="1" class="ps-section" data-id="ByjxeN6bAlU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S12leVTWRx8a" data-time="1702056379597">We will make commercially reasonable efforts to identify Consumer CA PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.</div><div data-section-type="1" class="ps-section" data-id="rkaelNp-AxUa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HkCxlE6-Rl8p" data-time="1702056379597">To make a request according to your right to request deletion of your CA PI set forth below, you may send a request by email (including the email address that you have used to transact with Handy) to<a href="mailto:ccpa@handy.com">ccpa@handy.com.</a></div><div data-section-type="1" class="ps-section" data-id="ryybe4pZCgU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ryeWeETZCxI6" data-time="1702056379597">You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with Handy) to<a href="mailto:ccpa@handy.com">ccpa@handy.com:</a></div><div data-section-type="1" class="ps-section" data-id="Skb-eVTWCe86" data-time="1702056379597"><br /></div><ul data-section-type="3" class="ps-section ps-parent" data-id="rkfZx4abAxLT" data-time="1702056379597"> <li class="ps-section" data-id="SyX-l4pbCl8p" data-time="1702056379597">The categories of CA PI we have collected about you.</li> <li class="ps-section" data-id="rJVblET-0lLT" data-time="1702056379597">The categories of sources from which we collected your CA PI.</li> <li class="ps-section" data-id="SJHWxVaZAl8a" data-time="1702056379597">The business or commercial purposes for our collecting or selling your CA PI.</li> <li class="ps-section" data-id="S1IZeVpZ0gLa" data-time="1702056379597">The categories of third parties to whom we have shared your CA PI.</li> <li class="ps-section" data-id="r1DZxNab0gL6" data-time="1702056379597">The specific pieces of CA PI we have collected about you.</li> <li class="ps-section" data-id="B1u-xVTbCl86" data-time="1702056379597">A list of the categories of CA PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.</li> <li class="ps-section" data-id="H1Y-lEpbAeLT" data-time="1702056379597">A list of the categories of CA PI sold about you in the prior 12 months, or that no sale occurred. If we sold your CA PI, we will explain:</li> <ul data-section-type="3" class="ps-section ps-parent" data-id="Sy9bxVT-AgL6" data-time="1702056379597"> <li class="ps-section" data-id="BJoZgV6bAlIp" data-time="1702056379597">The categories of your CA PI we have sold.</li> <li class="ps-section" data-id="Bk2Wx4aZRx8a" data-time="1702056379597">The categories of third parties to which we sold CA PI, by categories of CA PI sold for each third party.</li> </ul></ul><div data-section-type="1" class="ps-section" data-id="BypblNaWCgIp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ByRbgEaWAgUT" data-time="1702056379597">You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your CA PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with Handy) to<a href="mailto:ccpa@handy.com">ccpa@handy.com.</a></div><div data-section-type="1" class="ps-section" data-id="HyyzlNp-CxUa" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SylMe4pW0lIa" data-time="1702056379597">Please note that CA PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.</div><div data-section-type="1" class="ps-section" data-id="BybzlNaWRl8T" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="SJMzlN6-0lUT" data-time="1702056379597">Except to the extent we have a basis for retention under CCPA, you may request that we delete your CA PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.</div><div data-section-type="1" class="ps-section" data-id="HyXfl4p-0gLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="S1EzlEpWAl8a" data-time="1702056379597">You may alternatively exercise more limited control of your PI by instead exercising one of the following more limited opt-outs: opting out of marketing emails by clicking the ‘unsubscribe’ link or sending an email to<a href="mailto:privacy@handy.com">privacy@handy.com.</a></div><div data-section-type="1" class="ps-section" data-id="BJHfxE6ZCgU6" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="HyLMl4pbAxUT" data-time="1702056379597">We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your CA PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.</div><div data-section-type="1" class="ps-section" data-id="rkvzg4pbCgI6" data-time="1702056379597"><strong>b) YOUR NEVADA PRIVACY RIGHTS</strong> </div><div data-section-type="1" class="ps-section" data-id="rkOzxE6WClUT" data-time="1702056379597">Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t currently have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please email<a href="mailto:NevadaPrivacy@handy.com">NevadaPrivacy@handy.com</a>to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your Personal Information as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.</div><div data-section-type="1" class="ps-section" data-id="HkYzxNT-0lI6" data-time="1702056379597"><br /></div><div id="section6" data-section-type="1" class="ps-section" data-id="H1czxN6b0e8a" data-time="1702056379597"><strong>VI. HAVE QUESTIONS?</strong></div><div data-section-type="1" class="ps-section" data-id="BJoGe4abCeIp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="ByhzxNaWRlU6" data-time="1702056379597">If you have any questions about this Privacy Policy, we'll do our best to answer them promptly. Here's how to contact us:</div><div data-section-type="1" class="ps-section" data-id="HJTGeET-CxLp" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Sk0ze4TWAl8T" data-time="1702056379597">Email:<br /><a href="mailto:privacy@handy.com">privacy@handy.com</a></div><div data-section-type="1" class="ps-section" data-id="B1kQlVT-0eLT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="rJg7eEpZRxU6" data-time="1702056379597">Mailing Address:<br />Handy Technologies, Inc.<br />PO Box #1122<br />New York, NY 10159</div><div data-section-type="1" class="ps-section" data-id="H1-QgV6bClIT" data-time="1702056379597"><br /></div><div id="section7" data-section-type="1" class="ps-section" data-id="BJzXxV6bRxI6" data-time="1702056379597"><strong>VII. CHANGE TO THIS PRIVACY POLICY</strong></div><div data-section-type="1" class="ps-section" data-id="SJmmeVTZRlLT" data-time="1702056379597"><br /></div><div data-section-type="1" class="ps-section" data-id="Hk4mg4a-Cl8p" data-time="1702056379597">If we change this Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date below. If we materially change this Privacy Policy in a way that affects how we use or disclose your Personal Information, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes.</div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459944" class="contract-container group-item " data-id="459944" data-key="us-privacy-policy" data-groups="" style="display: none;"> <div class="contract-header"> <h2>US Privacy Policy</h2> <div class="row"> <div class="six columns" id="version-effective-date-459944"> <label for="select-version-459944" class="select-version select-version-label">Version</label> <select name="versions-459944" id="select-version-459944" class="select-version select-version-select input-select"> <option selected value="contract-id-459944-version-6578acf3d87282eeb82a7b20" class="contract-id-459944-version-6578acf3d87282eeb82a7b20" data-version="1.0">Version 1.0  (Current)</option> </select> </div> </div> </div> <div id="contract-versions-459944"> <div id="contract-id-459944-version-6578acf3d87282eeb82a7b20" data-vid="6578acf3d87282eeb82a7b20" class="version-container js-version-container-459944 " style="display: block;"> <div id="version-languages-6578acf3d87282eeb82a7b20" class="version-translation-container"> <div id="version-6578acf3d87282eeb82a7b20-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="US Privacy Policy"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023</h5> <a id="download-version-6578acf3d87282eeb82a7b20-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578acf3d87282eeb82a7b20.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578acf3d87282eeb82a7b20"> <div data-section-type="1" class="ps-section" data-id="SJHUvRgUT" data-time="1702057805370">Last Updated: <b>June 22, 2023</b></div><div data-section-type="1" class="ps-section" data-id="BJlrUDAeIa" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="Sy-SLvAg8T" data-time="1702057805370">This Privacy Policy ("<b>Policy</b>") describes how Angi, Inc. and its affiliates and subsidiaries (collectively, "<b>Angi</b>", "<b>we</b>", or "<b>us</b>") collects, uses, and discloses, personal information about individuals who use our websites ("<b>Site</b>") or who otherwise interact with us via our mobile application (collectively, our "<b>Services</b>").</div><div data-section-type="1" class="ps-section" data-id="ByfrLD0xLT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="H17H8wRlL6" data-time="1702057805370"><strong>TABLE OF CONTENTS</strong></div><ol class="privacy-list ps-section ps-parent" start="1" data-section-type="4" data-id="BJ4HLPRx8a" data-time="1702057805370"> <li class="ps-section" data-id="rJSH8v0eIp" data-time="1702057805370"><a href="#id.gjdgxs">COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION</a></li> <li class="ps-section" data-id="ry8rIwAe8a" data-time="1702057805370"><a href="#id.1fob9te">TRACKING TECHNOLOGIES AND COOKIES</a></li> <li class="ps-section" data-id="rkDB8w0lUp" data-time="1702057805370"><a href="#id.2et92p0">INFORMATION FROM OR ABOUT OTHER PARTIES</a></li> <li class="ps-section" data-id="rydHIPRlU6" data-time="1702057805370"><a href="#id.1t3h5sf">COMMUNICATIONS</a></li> <li class="ps-section" data-id="HkYHUDRlUT" data-time="1702057805370"><a href="#id.4d34og8">INFORMATION RETENTION</a></li> <li class="ps-section" data-id="HkqH8wCe8a" data-time="1702057805370"><a href="#id.2s8eyo1">TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION</a></li> <li class="ps-section" data-id="rkiHLPCeIp" data-time="1702057805370"><a href="#id.17dp8vu">UNITED STATES PRIVACY RIGHTS</a> <ol class="privacy-list-alpha ps-section ps-parent" start="1" data-section-type="4" data-id="rknSUvAe8a" data-time="1702057805370"> <li class="ps-section" data-id="r1TBUDAg8p" data-time="1702057805370"><a href="#id.3rdcrjn">California Privacy Rights</a></li> <li class="ps-section" data-id="H10BLP0e8T" data-time="1702057805370"><a href="#id.26in1rg">Other State Privacy Rights</a></li> </ol> </li></ol><ol class="privacy-list ps-section ps-parent" start="8" data-section-type="4" data-id="rkJxSUPAx86" data-time="1702057805370"> <li class="ps-section" data-id="Hygxr8wAg8p" data-time="1702057805370"><a href="#id.lnxbz9">SWEEPSTAKES, CONTESTS, AND PROMOTIONS</a></li> <li class="ps-section" data-id="rkWgH8P0lL6" data-time="1702057805370"><a href="#id.1ksv4uv">CHILDREN'S PRIVACY</a></li> <li class="ps-section" data-id="S1MeHUPAlU6" data-time="1702057805370"><a href="#id.44sinio">INTERNATIONAL VISITORS</a></li> <li class="ps-section" data-id="BymeSUvReUT" data-time="1702057805370"><a href="#id.2jxsxqh">SECURITY</a></li> <li class="ps-section" data-id="HyNeSUw0g86" data-time="1702057805370"><a href="#id.z337ya">YOUR CHOICES</a></li> <li class="ps-section" data-id="HJBeSIPCeUp" data-time="1702057805370"><a href="#id.3j2qqm3">CONTACT US</a></li> <li class="ps-section" data-id="B1LeB8wAe8p" data-time="1702057805370"><a href="#id.4i7ojhp">CHANGES TO THIS POLICY</a></li></ol><div data-section-type="1" class="ps-section" data-id="HyDxSUDRxL6" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="ByuxBLD0eUT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="S1KxHUDAeIp" data-time="1702057805370"><a id="id.gjdgxs"> </a></div><ol class="privacy-list ps-section ps-parent" start="1" data-section-type="4" data-id="BJ9eSIDRgIa" data-time="1702057805370"> <li class="ps-section" data-id="r1igB8w0lI6" data-time="1702057805370"><strong>COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION</strong></li></ol><div data-section-type="1" class="ps-section" data-id="SkneSUvRgUp" data-time="1702057805370">In this Policy, "<b>Personal Information</b>"" (a/k/a "<b>Personal Data</b>") means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available as defined by applicable privacy legislation or is anonymized.</div><div data-section-type="1" class="ps-section" data-id="Sk6erUDCx8p" data-time="1702057805370">We collect Personal Information directly from you that you voluntarily share with us through the Services, indirectly from you through technology (e.g., your activity on the Services), and from Angi service providers, service professionals, and business partners.</div><div data-section-type="1" class="ps-section" data-id="B1Cxr8PRlLT" data-time="1702057805370">In the past twelve months, Angi has processed the following categories of Personal Information for the following purposes:</div><table class="privacy-table ps-section" data-section-type="6" data-id="rk1WS8P0xLT" data-time="1702057805370"> <tbody class="ps-section" data-id="HklbH8wAgIp" data-time="1702057805370"> <tr class="ps-section" data-id="BybZH8vRxLT" data-time="1702057805370"> <th class="ps-section" data-id="S1M-BLwRgLp" data-time="1702057805370">Personal Information</th> <th class="ps-section" data-id="SJ7bBIDAeL6" data-time="1702057805370">How and Why We Use Personal Information</th> <th class="ps-section" data-id="By4WSUDCx8a" data-time="1702057805370">How and Why We Disclose Personal Information</th> </tr> <tr class="ps-section" data-id="ryr-SIPAe8p" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="SJI-SIPRx86" data-time="1702057805370"> <div class="ps-section" data-id="SyPWHIDCgUa" data-time="1702057805370" data-section-type="1"><strong>Identifiers and Non-Public Personal Information **</strong></div> <div class="ps-section" data-id="B1u-rIPRxLa" data-time="1702057805370" data-section-type="1"><u>Examples:</u></div> <ul class="ps-section ps-parent" data-id="ByFWr8DRl8T" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="Sk9brIwRlIa" data-time="1702057805370">Full name</li> <li class="ps-section" data-id="H1oWS8w0lL6" data-time="1702057805370">Contact details (email address, mailing address, phone number)</li> <li class="ps-section" data-id="HJ2ZrLDCgLa" data-time="1702057805370">User account information</li> <li class="ps-section" data-id="rya-S8v0gUT" data-time="1702057805370">Credit or debit card (or other financial information such as digital payment accounts)</li> <li class="ps-section" data-id="ryRWS8PCl86" data-time="1702057805370">Social security number (if you are a service professional who wishes to participate on the Angi Platform in the United States, and you are selected for a background check)</li> <li class="ps-section" data-id="By1GrLwAgU6" data-time="1702057805370">Customer records</li> <li class="ps-section" data-id="ryxGBUvAeL6" data-time="1702057805370">Device identifier</li> <li class="ps-section" data-id="H1ZfBLPRgL6" data-time="1702057805370">IP address</li> </ul> <div class="ps-section" data-id="r1zzSLwAgLT" data-time="1702057805370" data-section-type="1"> </div> <div class="ps-section" data-id="SJmfrLP0eUa" data-time="1702057805370" data-section-type="1"><u>More about payment card information:</u> Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor.</div> <div class="ps-section" data-id="H1EzBLP0g86" data-time="1702057805370" data-section-type="1"> </div> <div class="ps-section" data-id="BkrfrIwAxLT" data-time="1702057805370" data-section-type="1"><i>**Includes the information in Cal. Civil Code §1798.80(e)</i></div> </td> <td class="ps-section ps-parent" data-id="BkUMH8wRx8p" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="BywMH8vCg86" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="BydGHIwClU6" data-time="1702057805370">Process and fulfill your service requests and orders, including scheduling, and canceling services, managing payments, and addressing complaints</li> <li class="ps-section" data-id="HktGrLDRgIp" data-time="1702057805370">Communicate with you and send you information about our products, Services, and promotions</li> <li class="ps-section" data-id="B1czHLD0gI6" data-time="1702057805370">Administer and fulfill our sweepstakes, contests, and other promotions</li> <li class="ps-section" data-id="r1jfSLvAxIa" data-time="1702057805370">Help us better understand your needs and preferences to provide consistent, personalized services</li> <li class="ps-section" data-id="rynMrID0xUT" data-time="1702057805370">Enhance your experience by tailoring our content or personalizing our Services</li> <li class="ps-section" data-id="HypGHIPAgIp" data-time="1702057805370">Help us evaluate, maintain, and improve our products and Services</li> <li class="ps-section" data-id="rkCGSIDRl8p" data-time="1702057805370">Protect the security or integrity of our Services and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity</li> </ul> </td> <td class="ps-section ps-parent" data-id="ryk7SIPReIT" data-time="1702057805370"> <div class="ps-section" data-id="rygmHIDAe86" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks</div> <div class="ps-section" data-id="ryZ7rLDCg8p" data-time="1702057805370" data-section-type="1"><b>Service professionals</b> that perform and fulfill your service requests and orders from the Services</div> <div id="h.30j0zll" class="ps-section" data-id="HJGXH8P0xIa" data-time="1702057805370" data-section-type="1"><b>Booking Partners</b> that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you</div> <div class="ps-section" data-id="HJ7QSIvCeIp" data-time="1702057805370" data-section-type="1"><b>Service professional companies</b> if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner</div> <div class="ps-section" data-id="SJN7SUDCgUa" data-time="1702057805370" data-section-type="1"> </div> </td> </tr> <tr class="ps-section" data-id="rySQBUPCgLa" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="Bk8mH8DCe8p" data-time="1702057805370"> <div class="ps-section" data-id="S1P7BUwCg8p" data-time="1702057805370" data-section-type="1"><strong>Commercial Information</strong></div> <div class="ps-section" data-id="Bk_Qr8vRlLa" data-time="1702057805370" data-section-type="1"><u>Examples:</u></div> <ul class="ps-section ps-parent" data-id="r1YQB8vAgIa" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="Hyq7B8wAlI6" data-time="1702057805370">Records of services purchased or considered (including information provided as part of the Services e.g., information about your home, such as the number of bedrooms, the types of appliances, and the instructions for servicing your home)</li> <li class="ps-section" data-id="rkjmr8P0eLT" data-time="1702057805370">Other purchasing consumer histories and tendencies (including ratings and reviews)</li> </ul> </td> <td class="ps-section ps-parent" data-id="S1nQBUPCxIT" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="HyaQHIwCe86" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="By0QB8DRgL6" data-time="1702057805370">Process and fulfill your service requests and orders, including scheduling, and canceling services, managing payments, and addressing complaints</li> <li class="ps-section" data-id="HkJ4SLvAxIa" data-time="1702057805370">Communicate with you and send you information about our products, Services, and promotions</li> <li class="ps-section" data-id="BklEBLP0l8T" data-time="1702057805370">Help us better understand your preferences and enhance your experience by tailoring our content to provide consistent, personalized Services</li> <li class="ps-section" data-id="SyW4HIwRgU6" data-time="1702057805370">Administer and fulfill our sweepstakes, contests, and other promotions</li> <li class="ps-section" data-id="H1z4r8vReU6" data-time="1702057805370">If you provide information about your home to request a booking or a quote for a service, we may post your first name, the initial of your last name, the type of service requested, your zip code and region, the number of service providers requested, the date of your booking or quote request, your requested service date, and any description of the requested service or service instructions that you provide on the Services</li> <li class="ps-section" data-id="H1mEHLDRlIa" data-time="1702057805370">Help us evaluate, maintain, and improve our products and Services</li> <li class="ps-section" data-id="H1VNBLD0g86" data-time="1702057805370">Protect the security or integrity of our Services and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity</li> </ul> </td> <td class="ps-section ps-parent" data-id="SJrEBUDAgUT" data-time="1702057805370"> <div class="ps-section" data-id="B18EHIDCeUp" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks</div> <div class="ps-section" data-id="SkvNS8wCeUa" data-time="1702057805370" data-section-type="1"><b>Service professionals</b> that perform and fulfill your service requests and orders from the Services</div> <div class="ps-section" data-id="H1uNB8wAeIa" data-time="1702057805370" data-section-type="1"><b>Booking Partners</b> that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you</div> <div class="ps-section" data-id="HyKNrUPCx8a" data-time="1702057805370" data-section-type="1"><b>Service professional companies</b> if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner</div> </td> </tr> <tr class="ps-section" data-id="S154HLvReIp" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="Byj4B8P0xUp" data-time="1702057805370"> <div class="ps-section" data-id="BJ3EBLPCeLa" data-time="1702057805370" data-section-type="1"><strong>Inferences and Customer Profiles</strong></div> <div class="ps-section" data-id="Sk6EBLD0gUT" data-time="1702057805370" data-section-type="1"><u>Examples:</u></div> <ul class="ps-section ps-parent" data-id="HJ04SLwRl86" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="S1kSS8P0eI6" data-time="1702057805370">Information about your preferences and household characteristics</li> <li class="ps-section" data-id="BkgSHIwCeUp" data-time="1702057805370">Information about your buying behaviors or tendencies</li> <li class="ps-section" data-id="HyZrBIvAlUp" data-time="1702057805370">Information you provide voluntarily via surveys, ratings, or reviews included in our Services</li> </ul> </td> <td class="ps-section ps-parent" data-id="rJfSBUv0gIa" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="ByXrH8vRlIT" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="BkNSHUwRxLp" data-time="1702057805370">Help us better understand your preferences and enhance your experience by tailoring our content to provide consistent, personalized Services</li> <li class="ps-section" data-id="BkBSHLw0eIT" data-time="1702057805370">Help us evaluate, maintain, and improve our products and Services</li> <li class="ps-section" data-id="BkLHB8PCxLp" data-time="1702057805370">Protect the security or integrity of our Services and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity</li> </ul> </td> <td class="ps-section ps-parent" data-id="rJvBrLPCeU6" data-time="1702057805370"> <div class="ps-section" data-id="HJOHB8PCgUp" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks</div> <div class="ps-section" data-id="SyYrSLDRlIp" data-time="1702057805370" data-section-type="1"> </div> </td> </tr> <tr class="ps-section" data-id="rJ9BSLvAxIa" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="H1irSUDRe86" data-time="1702057805370"> <div class="ps-section" data-id="r1hBSLDAeLp" data-time="1702057805370" data-section-type="1"><strong>Internet Activity Information</strong></div> <div class="ps-section" data-id="HkprHUDReL6" data-time="1702057805370" data-section-type="1"><u>Examples:</u></div> <ul class="ps-section ps-parent" data-id="r1AHSIPAg86" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="SkJIHLwAxLp" data-time="1702057805370">Browsing and search history on our Services</li> <li class="ps-section" data-id="HklLSUv0gL6" data-time="1702057805370">Information about how you interact with our Services, and ads</li> <li class="ps-section" data-id="SyWLBID0lU6" data-time="1702057805370">Mobile application usage information</li> </ul> </td> <td class="ps-section ps-parent" data-id="BJMUHIw0lIT" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="H1X8S8DReIa" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="ryELBIwAeLp" data-time="1702057805370">Help us better understand your preferences and enhance your experience by tailoring our content to provide consistent, personalized Services</li> <li class="ps-section" data-id="SyBUHUv0xUp" data-time="1702057805370">Help us evaluate, maintain, and improve our products and Services</li> <li class="ps-section" data-id="H18LBIwAlU6" data-time="1702057805370">Protect the security or integrity of our Services and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity</li> </ul> </td> <td class="ps-section ps-parent" data-id="HJv8BLw0gLp" data-time="1702057805370"> <div class="ps-section" data-id="SkuUBIvClI6" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks</div> <div class="ps-section" data-id="rkKUHUvAl8a" data-time="1702057805370" data-section-type="1"> </div> </td> </tr> <tr class="ps-section" data-id="Bk5IB8vClL6" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="Hyo8rUw0gU6" data-time="1702057805370"> <div class="ps-section" data-id="S1nIHUwAl8p" data-time="1702057805370" data-section-type="1"><strong>Geolocation Data</strong></div> <div class="ps-section" data-id="Hka8S8PRgL6" data-time="1702057805370" data-section-type="1"><u>Examples:</u></div> <ul class="ps-section ps-parent" data-id="HyRIrIv0l8p" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="SyywBLw0x8a" data-time="1702057805370">Approximate location inferred from IP address or interaction with geotargeted ads</li> <li class="ps-section" data-id="SyxvrUvRlL6" data-time="1702057805370">Precise location of service professionals by using global positioning system (GPS) information sent from the Pro Portal **</li> </ul> <div class="ps-section" data-id="HybvB8wClLa" data-time="1702057805370" data-section-type="1"> </div> <div class="ps-section" data-id="HyzPSLwRgL6" data-time="1702057805370" data-section-type="1"><i>**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal</i></div> </td> <td class="ps-section ps-parent" data-id="SJQvBIP0eU6" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="r1NDBLDReUp" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="r1SDr8DReLT" data-time="1702057805370">Help us better understand your preferences and enhance your experience by tailoring our content to provide consistent, personalized Services</li> <li class="ps-section" data-id="H18wrIv0e86" data-time="1702057805370">Help us evaluate, maintain, and improve our products and Services</li> <li class="ps-section" data-id="BJvwr8DCeIa" data-time="1702057805370">Protect the security or integrity of our Services and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity</li> </ul> </td> <td class="ps-section ps-parent" data-id="r1dDB8PCgUp" data-time="1702057805370"> <div class="ps-section" data-id="S1KwSIDReIT" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks</div> <div class="ps-section" data-id="SycPS8PCxLa" data-time="1702057805370" data-section-type="1"><b>Service professional companies</b> if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner</div> </td> </tr> <tr class="ps-section" data-id="B1svHIw0gU6" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="ry2vBUPCe8T" data-time="1702057805370"> <div class="ps-section" data-id="BkpvrIPCgUa" data-time="1702057805370" data-section-type="1"><strong>Audio and Visual Information</strong></div> <div class="ps-section" data-id="BJRvSUDRx86" data-time="1702057805370" data-section-type="1"><u>Examples:</u></div> <ul class="ps-section ps-parent" data-id="HkJurUDCeLa" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="SJgdrUPCe8p" data-time="1702057805370">Recorded customer service calls and chats</li> <li class="ps-section" data-id="Bk-OBLPClIT" data-time="1702057805370">Photos you give us</li> </ul> </td> <td class="ps-section ps-parent" data-id="SJfOS8vAxIp" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="HJmuBLv0xUp" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="S1NuBLD0eUT" data-time="1702057805370">Assist you with your service requests, including providing customer service to you</li> <li class="ps-section" data-id="ByHdH8w0xLa" data-time="1702057805370">Help us evaluate, maintain, and improve our products and Services</li> <li class="ps-section" data-id="r18Or8w0xUp" data-time="1702057805370">Verify the identity of Angi service professionals</li> <li class="ps-section" data-id="SkwuSIv0eIT" data-time="1702057805370">Service professionals requested through the Services may take photographs of completed services and provide them to Angi</li> <li class="ps-section" data-id="SyOOBIDAx8p" data-time="1702057805370">Protect the security or integrity of our Services and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity</li> </ul> </td> <td class="ps-section ps-parent" data-id="ryFOBLPRlLa" data-time="1702057805370"> <div class="ps-section" data-id="Syqur8wAgLp" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks</div> <div class="ps-section" data-id="ByjOBIDCgIT" data-time="1702057805370" data-section-type="1"><b>Service professional companies</b> if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner</div> </td> </tr> <tr class="ps-section" data-id="Hkh_HIP0eIT" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="Sy6OH8PCeLT" data-time="1702057805370"> <div class="ps-section" data-id="SyAOr8wCgIp" data-time="1702057805370" data-section-type="1"><strong>Professional or Employment-Related Information</strong></div> <div class="ps-section" data-id="S1kYS8wRl8T" data-time="1702057805370" data-section-type="1"><u>We may collect the following if you choose to provide them:</u></div> <ul class="ps-section ps-parent" data-id="BkeYrLDCxI6" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="HkWYBLPRgUa" data-time="1702057805370">Work experience</li> <li class="ps-section" data-id="BJGYHLDCgLp" data-time="1702057805370">Skills</li> <li class="ps-section" data-id="HJXFrUD0e8T" data-time="1702057805370">LinkedIn/Professional profiles</li> <li class="ps-section" data-id="H1EYS8w0eUp" data-time="1702057805370">Any other information you provide regarding your background</li> </ul> <div class="ps-section" data-id="HkHtBLPRxUp" data-time="1702057805370" data-section-type="1"> </div> <div class="ps-section" data-id="SkLFS8w0e8T" data-time="1702057805370" data-section-type="1"><i>**this section applies only to Angi service professionals</i></div> </td> <td class="ps-section ps-parent" data-id="rkwFHIPCgLT" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="H1OKSLwAe8p" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="S1YFSUDCxUp" data-time="1702057805370">Process your application for consideration to participate as a service professional on the Services</li> </ul> </td> <td class="ps-section ps-parent" data-id="H15Fr8PAeIa" data-time="1702057805370"> <div class="ps-section" data-id="r1oYBIDAeLp" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks</div> <div class="ps-section" data-id="rJnKB8DAlIT" data-time="1702057805370" data-section-type="1"> </div> </td> </tr> <tr class="ps-section" data-id="rkpFr8PAeLT" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="BkRYSUP0l86" data-time="1702057805370"> <div class="ps-section" data-id="HykqS8PClUa" data-time="1702057805370" data-section-type="1"><strong>Legally Protected Characteristics</strong></div> <div class="ps-section" data-id="Syx5HLwRlL6" data-time="1702057805370" data-section-type="1"><u>We may collect the following if you choose to provide them:</u></div> <ul class="ps-section ps-parent" data-id="rkZcSLP0lLp" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="SyfqSIPCgIT" data-time="1702057805370">Gender</li> <li class="ps-section" data-id="B1XqH8vCeLa" data-time="1702057805370">Date of birth</li> </ul> <div class="ps-section" data-id="r145SUPRlIa" data-time="1702057805370" data-section-type="1"> </div> </td> <td class="ps-section ps-parent" data-id="r1S9BLvCeIa" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="BkI9HIwAg8T" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="rkD9HIvAeL6" data-time="1702057805370">Process and fulfill your service requests and orders, including scheduling, and canceling services, managing payments, and addressing complaints</li> <li class="ps-section" data-id="HkO5H8wCgU6" data-time="1702057805370">Help us better understand your preferences and enhance your experience by tailoring our content to provide consistent, personalized Services</li> </ul> </td> <td class="ps-section ps-parent" data-id="S1F9rLw0x8a" data-time="1702057805370"> <div class="ps-section" data-id="Byc5HIvRg8T" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks</div> <div class="ps-section" data-id="SJi5H8vReUT" data-time="1702057805370" data-section-type="1"><b>Service professional companies</b> if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner</div> </td> </tr> <tr class="ps-section" data-id="By39B8DAlLa" data-time="1702057805370"> <td class="ps-section ps-parent" data-id="HJ69HUvCeIT" data-time="1702057805370"> <div class="ps-section" data-id="BJCqHIP0xUT" data-time="1702057805370" data-section-type="1"><strong>Sensitive Personal Information</strong></div> <div class="ps-section" data-id="Hk1oSUvAgUp" data-time="1702057805370" data-section-type="1"><u>We may collect the following if you choose to provide them:</u></div> <ul class="ps-section ps-parent" data-id="BJlirLDRx8p" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="SyWsH8vClUT" data-time="1702057805370">Precise geolocation</li> <li class="ps-section" data-id="BkfsHLDClU6" data-time="1702057805370">a consumer's social security, driver's license, state identification card, or passport number</li> <li class="ps-section" data-id="H17sHIvCgL6" data-time="1702057805370">a consumer's account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account</li> <li class="ps-section" data-id="HJNiHLw0xUa" data-time="1702057805370">the contents of a consumer's mail, email, and text messages, unless the business is the intended recipient of the communication</li> </ul> <div class="ps-section" data-id="B1BoH8P0lIT" data-time="1702057805370" data-section-type="1"> </div> <div class="ps-section" data-id="rk8oSIPCg8a" data-time="1702057805370" data-section-type="1"><i>Sensitive Personal Information is only used for legally permitted purposes.</i></div> </td> <td class="ps-section ps-parent" data-id="HyPoBUPAgIp" data-time="1702057805370"> <ul class="ps-section ps-parent" data-id="H1doBUPClUa" data-time="1702057805370" data-section-type="3"> <li class="ps-section" data-id="BJtiB8PCgU6" data-time="1702057805370">Verify the identity of Angi service professionals</li> <li class="ps-section" data-id="r1csB8DAlLT" data-time="1702057805370">Protect the security or integrity of our Services and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity</li> </ul> </td> <td class="ps-section ps-parent" data-id="H1ssH8v0eU6" data-time="1702057805370"> <div class="ps-section" data-id="BJhoHUDRg8a" data-time="1702057805370" data-section-type="1"><b>Service providers</b> that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks</div> <div class="ps-section" data-id="BypoSUwAeI6" data-time="1702057805370" data-section-type="1"><b>Service professional companies</b> if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner</div> </td> </tr> </tbody></table><div data-section-type="1" class="ps-section" data-id="S1RoSIPRxLa" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="ryJnrLPRg8a" data-time="1702057805370">In addition to the uses and disclosures of Personal Information described in the chart above, we may use and disclose any Personal Information as reasonably necessary to comply with regulatory and legal requirements, cooperate with and respond to law enforcement requests, or as otherwise required by applicable law, court order, or governmental regulations. We also use Personal Information we collect to maintain appropriate records for internal administrative purposes, to protect our rights and interests or those of others, to resolve any disputes, to enforce our policies, or to prevent harm. Any Personal Information we collect may be provided to our professional advisors, including accountants, auditors, consultants, and lawyers, when reasonably necessary for our professional advisors to perform services for us and give us appropriate advice. All Personal Information we collect may be transferred to another company in the event of a sale, merger, or other acquisition of some or all of our assets or business or as part of the negotiation or evaluation of such sale, merger, or other acquisition.</div><div data-section-type="1" class="ps-section" data-id="rke3H8DAxI6" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="SyW3HUwRxLa" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="r1GhS8v0e8p" data-time="1702057805370"><a id="id.1fob9te"> </a></div><ol class="privacy-list ps-section ps-parent" start="2" data-section-type="4" data-id="HyQ2H8PAlLp" data-time="1702057805370"> <li id="h.3znysh7" class="ps-section" data-id="rJV3HLvAe86" data-time="1702057805370"><strong>TRACKING TECHNOLOGIES AND COOKIES</strong></li></ol><div data-section-type="1" class="ps-section" data-id="ryS3HIP0xIp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="ry8nHIw0gLp" data-time="1702057805370">We collect information through technology to enhance our ability to serve you. When you access and use the Services, or contact us or our service providers, we and, in some cases, our service providers collect information about you or how you interact with the Services. We describe below a few of the methods we use to collect information through technology. When you visit the Services, we collect your Internet Protocol (IP) address. An IP address is often associated with the portal you used to enter the internet, like your internet service provider (ISP), company, association, or university. While an IP address may reveal your ISP or geographic area, we cannot determine your identity solely based upon your IP address. However, we may link the last IP address you used to access the Services to Personal Information you provide us. We may also collect a unique identifier for your computer, mobile device, or other device used to access the Services ("<b>Device Identifier</b>"). A Device Identifier is a number that is automatically assigned to the device you used to access the Services. We may link the Device Identifier to other information about your visit, such as what pages you viewed, and to Personal Information you provide us, such as your name. In addition to these methods, we may also collect information about how you interact with the Services through advertising partners and data enrichment tools.</div><div data-section-type="1" class="ps-section" data-id="BJP2H8wClLp" data-time="1702057805370"><br /></div><ol class="privacy-list-alpha ps-section ps-parent" start="1" data-section-type="4" data-id="H1u2SUDAxLp" data-time="1702057805370"> <li class="ps-section" data-id="H1K3BLwRgUa" data-time="1702057805370"><strong>Do We Use Cookies?</strong></li></ol><div data-section-type="1" class="ps-section" data-id="B153S8DAg86" data-time="1702057805370">Cookies are small files that a website transfers to your device through a web browser that enables the website’s systems to recognize your device and to capture and remember certain information. You can find more information about cookies at: <a href="https://allaboutcookies.org/">www.allaboutcookies.org</a> In general, our Services use cookies: (1) where necessary to run our Services, (2) to optimize the functionality of our Services, including by personalizing content for you and remembering your preferences (e.g., your choice of language or region), (3) for analytics purposes— for example, to help us understand how our Services is used, (4) to deliver advertisements relevant to you— for example, the cookies remember that you visited our Services after you leave. Sometimes they collect information about what pages of our Services you visited, and this information is shared with our advertising vendors, such as AppNexus, Google, Nanigans, Facebook, and Twitter.</div><div data-section-type="1" class="ps-section" data-id="BJj3H8vCl8a" data-time="1702057805370">Many advertisers and service providers that perform advertising-related services for us participate in voluntary programs that provide tools to opt-out of such interest-based advertising such as the Digital Advertising Alliance's ("<b>DAA</b>") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding interest-based advertising for DAA members, visit <a href="https://youradchoices.com/">https://youradchoices.com/</a> and <a href="https://youradchoices.com/appchoices">https://youradchoices.com/appchoices</a> for information on the DAA's's opt-out program for mobile apps. Some of these companies also are members of the Network Advertising Initiative ("<b>NAI</b>"). To learn more about the NAI and your opt-out options for their members, see <a href="https://optout.networkadvertising.org/">http://www.networkadvertising.org/choices</a>. Please be aware that, even if you are able to opt out of certain kinds of interest-based advertising, you may continue to receive other types of ads (e.g., from other ad networks).</div><div data-section-type="1" class="ps-section" data-id="rJn2S8D0xL6" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="S1T2HUPRl8a" data-time="1702057805370">Our Services uses analytics technologies, including Google Analytics, to support the operation and performance of our Services and to analyze your interactions and experiences with our Services, including the features you engage with, how you navigate, and your clicks, cursor movement, and scrolling activity, and general information about Site traffic data, performance, and related statistics. You may exercise choices regarding the use of cookies from Google Analytics by going to <a href="https://tools.google.com/dlpage/gaoptout">https://tools.google.com/dlpage/gaoptout</a> or downloading the Google Analytics Opt-out Browser Add-on.</div><div data-section-type="1" class="ps-section" data-id="Sy03BUwClLT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="Hyk6B8PReUp" data-time="1702057805370"><b>Rejecting Cookies Through Browser Settings:</b> Most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. For more information on using browser settings to reject cookies, please visit <a href="https://allaboutcookies.org/">https://allaboutcookies.org/</a>. You should note that rejecting cookies in your browser settings may mean that any preferences you set on the Services will be lost and that the Services may not work as well.</div><div data-section-type="1" class="ps-section" data-id="HJeaHIwAx8T" data-time="1702057805370"><br /></div><ol class="privacy-list-alpha ps-section ps-parent" start="2" data-section-type="4" data-id="SyWTSID0gLa" data-time="1702057805370"> <li class="ps-section" data-id="rkM6r8wCxIT" data-time="1702057805370"><strong>Web Beacons</strong></li></ol><div data-section-type="1" class="ps-section" data-id="ByQaSLDCe8a" data-time="1702057805370">We may include small graphic images or other web programming code, called web beacons (also known as "pixel tags", "web bugs" or "clear GIFs"), on our Services and in our messages. The web beacons are minute graphics with a unique identifier. They are used to track the online movements of Site users. In contrast to cookies, which are stored in a user's computer hard drive, web beacons are embedded invisibly on webpages and are about the size of the period at the end of this sentence. Web beacons help us better manage content on the Services by informing us what content is effective, monitoring how users navigate the Services, counting users of the Services, and counting how many e-mails sent by us were actually opened.</div><div data-section-type="1" class="ps-section" data-id="By4TS8wCl8T" data-time="1702057805370"><br /></div><ol class="privacy-list-alpha ps-section ps-parent" start="3" data-section-type="4" data-id="ByHTHLDReUa" data-time="1702057805370"> <li class="ps-section" data-id="B1U6H8wCgUa" data-time="1702057805370"><strong>Session Monitoring</strong></li></ol><div data-section-type="1" class="ps-section" data-id="r1PpH8wCxIa" data-time="1702057805370">Some of the technologies used on our Site allow us and our service providers to monitor and analyze how visitors use our Services in order to better understand user behavior and improve our Services. When you interact with us online, information related to your browsing behavior may be collected by us and our service providers.</div><div data-section-type="1" class="ps-section" data-id="SkOpS8PCxLT" data-time="1702057805370"><br /></div><ol class="privacy-list-alpha ps-section ps-parent" start="4" data-section-type="4" data-id="rJt6SLvAl8a" data-time="1702057805370"> <li class="ps-section" data-id="B1cpBIDReLp" data-time="1702057805370"><strong>Your 'Do Not Track' Browser Setting</strong></li></ol><div data-section-type="1" class="ps-section" data-id="S1jpBIwAlLT" data-time="1702057805370">We do not support the Do Not Track ("<b>DNT</b>") browser setting. DNT is a preference you can set in your browser's settings to let the websites you visit know that you do not want the websites collecting your Personal Information. We do track your online activities over time and across third-party websites or online services. For example, we use web beacons to help us determine what links or advertisers brought you to our Site. We also use third-party service providers to display advertisements to you on other websites based on your activities while on the Services.</div><ol class="privacy-list-alpha ps-section ps-parent" start="5" data-section-type="4" data-id="H126HLw0xUp" data-time="1702057805370"> <li class="ps-section" data-id="Sk6TBUPRl86" data-time="1702057805370"><strong>Social Networking Sites</strong></li></ol><div data-section-type="1" class="ps-section" data-id="rJ0pB8w0eI6" data-time="1702057805370">If you login to the Services through a social networking site, such as Facebook, we may collect your Facebook authentication token and account identification number and use that information to provide you with access to your account on the Services.</div><div data-section-type="1" class="ps-section" data-id="ryyCHUDClLp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="H1e0rLwRxLp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="BkZCrLwCgIT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="ryGRBUwRgUT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="BJm0SIv0xU6" data-time="1702057805370"><a id="id.2et92p0"> </a></div><ol class="privacy-list ps-section ps-parent" start="3" data-section-type="4" data-id="SJE0rIvAlU6" data-time="1702057805370"> <li class="ps-section" data-id="ryrCBIwCxUa" data-time="1702057805370"><strong>INFORMATION FROM OR ABOUT OTHER PARTIES</strong></li></ol><ol class="privacy-list-alpha ps-section ps-parent" start="1" data-section-type="4" data-id="SJ8RSIvAlLT" data-time="1702057805370"> <li class="ps-section" data-id="HJvABIwCxIa" data-time="1702057805370"><strong>Information You Provide About An External Party</strong></li></ol><div data-section-type="1" class="ps-section" data-id="B1ORS8DCxI6" data-time="1702057805370"><strong><i>Referrals</i></strong></div><div data-section-type="1" class="ps-section" data-id="r1KASUw0lIT" data-time="1702057805370">If you choose to use our referral service to tell a friend about the Services, we may collect your friend's name and email address. We will automatically send your friend a one-time email inviting them to visit our Services. We store this information only to send this one-time email and to track the success of our referral program. We do not use this information for any other marketing purpose unless we obtain consent from that person, or we explicitly say otherwise. Please be aware that when you refer a friend, your e-mail address may be included in the message sent to your friend.</div><div data-section-type="1" class="ps-section" data-id="SkqRBIP0lIp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="HJjASUP0lIa" data-time="1702057805370"><strong><i>Ratings</i></strong></div><div data-section-type="1" class="ps-section" data-id="rJ20HLPCe8p" data-time="1702057805370">The Services may display profiles of service professionals who participate on the Services. These profiles may include the service professional's name, and ratings and reviews about the service professional provided by their customers. Service professional profiles may be visible to all users of the Services and on booking partners' websites.</div><div data-section-type="1" class="ps-section" data-id="S16RH8DReUT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="HJARrUvRxLa" data-time="1702057805370">The Services may provide you with an opportunity to give ratings and reviews regarding service professionals or service requests. If you provide a rating or review about a service professional, we may post your first name, the initial of your last name, and the name of your neighborhood along with your rating or review on the service professional's profile on the Services and on booking partners' websites. In addition, service professionals may use your ratings and reviews, as well as this personal information about you, in their own marketing materials.</div><div data-section-type="1" class="ps-section" data-id="H1J1xBLvReIa" data-time="1702057805370"><br /></div><ol class="privacy-list-alpha ps-section ps-parent" start="2" data-section-type="4" data-id="B1e1eHLw0eU6" data-time="1702057805370"> <li class="ps-section" data-id="ry-yxrLP0gUT" data-time="1702057805370"><strong>Information External Parties Provide About You</strong></li></ol><div data-section-type="1" class="ps-section" data-id="BkMJlBUv0xUa" data-time="1702057805370">We may supplement the information we collect about you through the Services with records received from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you.</div><div data-section-type="1" class="ps-section" data-id="BkXJgBUv0e8p" data-time="1702057805370"><br /></div><ol class="privacy-list-alpha ps-section ps-parent" start="3" data-section-type="4" data-id="HyV1gBLvAxL6" data-time="1702057805370"> <li id="h.tyjcwt" class="ps-section" data-id="HyHJerLvRxUa" data-time="1702057805370"><strong>Information You Provide to a Third-Party / Third-Party Sites</strong></li></ol><div data-section-type="1" class="ps-section" data-id="H18JgHIvRxUT" data-time="1702057805370">The Services include links operated by third parties ("<b>Third-Party Sites</b>") and plug-ins (such as Twitter buttons) from Third-Party Sites. We do not control any Third-Party Sites and are not responsible for any information they may collect. The information collection practices of Third-Party Sites are governed by that website's privacy policy. We recommend that you read the Third-Party Site's privacy policy if you choose to provide any personal information or click on a plug-in.</div><div data-section-type="1" class="ps-section" data-id="S1DyxrLP0x8p" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="SkuyxHLP0xIp" data-time="1702057805370">Some Third-Party Sites link to the Services and share information with the Services. For example, in some cases, you can book our services through one of our booking partners, in that case, you might provide booking information, such as your name, telephone number, email address, and booking address, to the booking partner. Booking partners may share the booking information with us.</div><div data-section-type="1" class="ps-section" data-id="SkYylHLDCgLT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="HJcygHIwClIa" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="H1jklBIwClL6" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="SJhkgrLwAlIT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="ryp1xHUDAxUa" data-time="1702057805370"><a id="id.1t3h5sf"> </a></div><ol class="privacy-list ps-section ps-parent" start="4" data-section-type="4" data-id="H1Ryer8w0lIT" data-time="1702057805370"> <li id="h.3dy6vkm" class="ps-section" data-id="S11xeHUwCe8p" data-time="1702057805370"><strong>COMMUNICATIONS</strong></li></ol><ol class="privacy-list-alpha ps-section ps-parent" start="1" data-section-type="4" data-id="SJgggHIP0g8p" data-time="1702057805370"> <li class="ps-section" data-id="B1ZxeBIvAeU6" data-time="1702057805370"><strong>Message Interception</strong></li></ol><div data-section-type="1" class="ps-section" data-id="HJMllrUw0lI6" data-time="1702057805370">If you call or text (SMS) message a service professional or service requester using the telephone number provided by Angi, we use our service provider, Twilio, to mask your telephone number. During this process, Angi and Twilio receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages.</div><div data-section-type="1" class="ps-section" data-id="ByXxlSID0l8a" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="rJElxSIwRxLT" data-time="1702057805370">If you send a message to a service professional or service requester in the App, we use or service provider, Sendbird, to process the communications. During this process, Angi and Sendbird receive in real time and store message data, including the date, time, and content of the messages.</div><ol class="privacy-list-alpha ps-section ps-parent" start="2" data-section-type="4" data-id="HJBlxrLv0lIT" data-time="1702057805370"> <li class="ps-section" data-id="Sk8xlS8vAgL6" data-time="1702057805370"><strong>SMS Text Messaging Disclosure</strong></li></ol><div data-section-type="1" class="ps-section" data-id="SJvelrLP0g8a" data-time="1702057805370">By using the Services, you expressly consent and agree to accept and receive communications from us, including via text message, calls, and push notifications to the cellular telephone number you provided to us. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by us, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems which will deliver prerecorded messages, sent by or on behalf of Angi, its affiliated companies and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us, and news concerning Angi and industry developments.</div><div data-section-type="1" class="ps-section" data-id="HJOlxrLDAlIT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="r1tlgBIv0e8a" data-time="1702057805370">You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from us at any time. You may opt-out of receiving all text (SMS) messages from us (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however, you acknowledge that opting out of receiving all texts may impact your use of the Services.</div><div data-section-type="1" class="ps-section" data-id="rJ9xgrIvRx8a" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="BJollHUv0eLa" data-time="1702057805370"><a id="id.4d34og8"> </a></div><ol class="privacy-list ps-section ps-parent" start="5" data-section-type="4" data-id="H1ngeH8vRlUT" data-time="1702057805370"> <li class="ps-section" data-id="SJTelBUvRlLa" data-time="1702057805370"><strong>INFORMATION RETENTION</strong></li></ol><div data-section-type="1" class="ps-section" data-id="ryRxeBLD0e8p" data-time="1702057805370">We keep the categories of personal information described above for as long as is necessary for the purposes described in this Policy or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="HkyWlBUwCgUa" data-time="1702057805370"> <li class="ps-section" data-id="S1xWgHLPRxL6" data-time="1702057805370">Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;</li> <li class="ps-section" data-id="SybbeHIvAlLp" data-time="1702057805370">Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or</li> <li class="ps-section" data-id="Syz-gBLvReU6" data-time="1702057805370">The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)</li></ul><div data-section-type="1" class="ps-section" data-id="BkXZeHUw0lIa" data-time="1702057805370">Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.</div><div data-section-type="1" class="ps-section" data-id="H14blBIwRg8p" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="SkSbxr8vAx8p" data-time="1702057805370"><a id="id.2s8eyo1"> </a></div><ol class="privacy-list ps-section ps-parent" start="6" data-section-type="4" data-id="ryIZlB8P0lL6" data-time="1702057805370"> <li class="ps-section" data-id="r1DZlHIPAx86" data-time="1702057805370"><strong>TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION</strong></li></ol><div data-section-type="1" class="ps-section" data-id="SJ_WgrLPRgUa" data-time="1702057805370">Although we do not sell personal information in exchange for money, some of the ways in which we share personal information for targeted advertising may be considered “sales” or “sharing” under U.S. state privacy laws. Listed below are the categories of personal information we share for purposes of targeted/cross-context behavioral advertising or otherwise “sell” for non-monetary consideration:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="BkYZgBUwCgLa" data-time="1702057805370"> <li class="ps-section" data-id="Hy5-eHUwCgU6" data-time="1702057805370">Identifiers</li> <li class="ps-section" data-id="Sko-xr8DCeU6" data-time="1702057805370">Personal Records</li> <li class="ps-section" data-id="S13WxSUDCxLa" data-time="1702057805370">Internet or other electronic network activity information</li> <li class="ps-section" data-id="B1ablrLPAxI6" data-time="1702057805370">Geolocation Data (inferred from your IP address)</li> <li class="ps-section" data-id="r1R-eBUw0gLp" data-time="1702057805370">Inferences</li></ul><div data-section-type="1" class="ps-section" data-id="ryyGlrUwReL6" data-time="1702057805370">The types of third parties to which personal information is sold or shared are third-party advertisers and some analytics vendors. The purposes for which we sell/share this information include: showing you relevant ads while you browse the internet or use social media; marketing, advertising, certain types of analytics, or similar purposes. We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age. If you would like to opt out, please see the information below.</div><div data-section-type="1" class="ps-section" data-id="ryezeH8PAeIp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="rk-GeBLvClIa" data-time="1702057805370"><a id="id.17dp8vu"> </a></div><ol class="privacy-list ps-section ps-parent" start="7" data-section-type="4" data-id="rJGzxB8DAe8T" data-time="1702057805370"> <li class="ps-section" data-id="BJ7fgr8wCxIa" data-time="1702057805370"><strong>UNITED STATES PRIVACY RIGHTS</strong></li></ol><div data-section-type="1" class="ps-section" data-id="Bk4zlS8wAeU6" data-time="1702057805370">If you are a resident of California, Colorado, Connecticut, or Virginia you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request to us via email at <a href="mailto:privacyofficer@angi.com">privacyofficer@angi.com</a> including the email address that you have used to transact with Angi. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. Any request you submit to us is subject to an identification and residency verification process ("<b>Verifiable Consumer Request</b>"). We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected Personal Information. An authorized agent may submit a request on your behalf by emailing us at the email listed above. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.</div><div data-section-type="1" class="ps-section" data-id="rkHflHLPAeL6" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="S1LMxrLvRlU6" data-time="1702057805370"><a id="id.3rdcrjn"> </a></div><ol class="privacy-list-alpha ps-section ps-parent" start="1" data-section-type="4" data-id="rkvGgB8PCl8a" data-time="1702057805370"> <li class="ps-section" data-id="B1dGxB8vRlUp" data-time="1702057805370"><strong>California Privacy Rights</strong></li></ol><div data-section-type="1" class="ps-section" data-id="H1tMgrLwCgLT" data-time="1702057805370">This section supplements the other parts of our Policy and provides disclosures for California residents under the California Consumer Privacy Act (the “CCPA”).</div><div data-section-type="1" class="ps-section" data-id="ryqMlBUP0eLT" data-time="1702057805370"><u><i>Right to Know:</i></u> You have the right to know about your Personal Information. You also have the right to obtain a transportable copy of your Personal Information. Your right to know request may be made no more than twice in a 12-month period.</div><div data-section-type="1" class="ps-section" data-id="BkszgHUD0xIT" data-time="1702057805370">Your right to know request may encapsulate the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r13zlrUP0gI6" data-time="1702057805370"> <li class="ps-section" data-id="H1pzxr8DAlUa" data-time="1702057805370">The categories of Personal Information we have collected about you</li> <li class="ps-section" data-id="B1CGlrLDCx8T" data-time="1702057805370">The categories of sources from which the Personal Information was collected</li> <li class="ps-section" data-id="r1kmgBLPAgUp" data-time="1702057805370">Our business or commercial purposes for collecting, selling, or sharing your Personal Information</li> <li class="ps-section" data-id="Bkg7erUPRlUp" data-time="1702057805370">The categories of third parties to which we disclosed your Personal Information</li> <li class="ps-section" data-id="HybmeSUvRx8T" data-time="1702057805370">The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared</li> <li class="ps-section" data-id="ryzmgBUwAlUp" data-time="1702057805370">The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed</li> <li class="ps-section" data-id="r1QmgSUDAgIa" data-time="1702057805370">The specific pieces of Personal Information we have collected about you</li></ul><div data-section-type="1" class="ps-section" data-id="By4mlrUwCl8p" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="H1HQlBUvAgLp" data-time="1702057805370"><u><i>Right to Correct Personal Information:</i></u> You may request that we correct Personal Information that we maintain about you if you believe such Personal Information is inaccurate. Upon receipt of a verifiable request to correct inaccurate Personal Information, we will use commercially reasonable efforts to correct the information as you direct.</div><div data-section-type="1" class="ps-section" data-id="rJ8XgrIwCeUp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="BkD7er8DAxIp" data-time="1702057805370"><u><i>Right to Request Deletion of Personal Information:</i></u> You may request that we delete your Personal Information that we have collected directly from you and are currently maintaining. Please note, however, that we may have a legal basis for retaining such Personal Information under applicable law, despite your request.</div><div data-section-type="1" class="ps-section" data-id="rku7eBUw0eLa" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="rJYXlS8vAlLT" data-time="1702057805370"><u><i>Opt-Out Rights:</i></u> You have the right to opt out of the selling or sharing of your Personal Information via tracking technologies (e.g., cookies) on the Site by clicking on the “Do Not Sell or Share My Personal Information” link in the footer of the Site. If you choose to use an opt-out browser signal, such as the Global Privacy Control, you will be opted out of cookie-based sales and shares. Please note that visiting our Sites with an opt-out browser signal enabled will have the effect of opting you out of sales and sharing with respect to our Sites. You will need to turn on the signal for each browser that you use.</div><div data-section-type="1" class="ps-section" data-id="B1qQerUP0xI6" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="rys7eBIw0gL6" data-time="1702057805370"><u><i>Right to Limit Use and Disclosure of Your Sensitive Personal Information:</i></u> In the event that we use sensitive Personal Information to infer characteristics about you, you may direct us to limit the use and disclosure of your sensitive Personal Information to uses and disclosures that are reasonably necessary to provide our goods and services. We do not use or disclose sensitive Personal Information to infer characteristics, nor do we use or disclose sensitive Personal Information for other purposes not listed here.</div><div data-section-type="1" class="ps-section" data-id="B1nQerIvRgLp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="B1pXeSLPAeI6" data-time="1702057805370"><u><i>Right to Non-Discrimination for the Exercise of Your Privacy Rights:</i></u> If you choose to exercise any of your privacy rights under California law you also have the right not to receive discriminatory treatment by us.</div><div data-section-type="1" class="ps-section" data-id="SJCXeHIDCxIp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="r11VlHLvCeIa" data-time="1702057805370"><strong>Notice of Financial Incentive</strong></div><div data-section-type="1" class="ps-section" data-id="rkl4er8wAxL6" data-time="1702057805370">From time to time, we offer discounts and promotions ("<b>Programs</b>") that provide benefits to those who choose to participate. Participation requires you to provide some Personal Information, such as Identifiers (e.g., email addresses, phone numbers, and/or zip codes). The full terms and conditions of our Programs will be set forth where the opportunity to sign up is offered.</div><div data-section-type="1" class="ps-section" data-id="HybNxBIwRx8a" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="HJMEgHLwAgUa" data-time="1702057805370">We have made a good faith estimate that the value of consumers' Personal Information provided in connection with our Programs is equivalent to the relevant expenses related to the collection and retention of that Personal Information. By joining our Programs, you consent to any associated financial incentive. You have the right to withdraw from the financial incentive at any time by discontinuing our Programs in the manner provided.</div><div data-section-type="1" class="ps-section" data-id="BJmElSUD0gU6" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="r1VVxSUvCg8a" data-time="1702057805370">Unless you specifically request, submission of a request to delete your Personal Information will not erase information required for you to continue to participate in our Programs. Should you wish to delete your Personal Information associated with our Programs (and thereby cancel your participation in our Program), please contact us at <a href="mailto:privacyofficer@angi.com">privacyofficer@angi.com</a>. In addition, we may offer you financial incentives for the collection, sale and retention and use of your Personal Information as permitted by the CCPA. The material aspects of any financial incentive will be explained and described in its terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the Program and you can opt-out of each Program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable Program description and terms. We may add or change incentive Programs and/or their terms by posting notice on the Program descriptions and terms, so check them regularly.</div><div data-section-type="1" class="ps-section" data-id="BJBElS8wAx8a" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="ryU4gBIwCxL6" data-time="1702057805370"><strong>California Shine the Light</strong></div><div data-section-type="1" class="ps-section" data-id="Byw4lHUwReU6" data-time="1702057805370">Separately from the CCPA, the California Shine the Light law permits customers in California to request certain details about how their personal information is “shared” with third parties as defined in the Shine the Light law, and in some cases affiliates, if personal information is shared for those third parties' or affiliates' own direct marketing purposes. We share personal information with third parties or affiliates for those third parties' or affiliates' own direct marketing purposes. Californians may request information about our personal information sharing by contacting us at <a href="mailto:privacyofficer@angi.com">privacyofficer@angi.com</a> Please include “California Shine the Light Request” in the subject line and in the body of your message. Please note that “Shine the Light” rights and CCPA rights are granted by different laws and must be exercised separately.</div><div data-section-type="1" class="ps-section" data-id="rkuVxSUvAgIT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="BkFNgBUD0lL6" data-time="1702057805370"><a id="id.26in1rg"> </a></div><ol class="privacy-list-alpha ps-section ps-parent" start="2" data-section-type="4" data-id="HJ9VgBLw0xL6" data-time="1702057805370"> <li class="ps-section" data-id="BJs4gHLvCeL6" data-time="1702057805370"><strong>Other State Privacy Rights</strong></li></ol><div data-section-type="1" class="ps-section" data-id="Sy3VgHIwAlLT" data-time="1702057805370">This section supplements the other parts of our Policy and provides additional information for residents of Virginia, Colorado, and Connecticut. If you are a resident of California, please review our California-specific disclosures above.</div><div data-section-type="1" class="ps-section" data-id="HJ6ElrUPCeLT" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="SJC4gSUvRgU6" data-time="1702057805370">We may process your Personal Information for targeted advertising and some of the ways that we disclose Personal Information may constitute a sale (as the term is defined in the applicable state privacy laws).</div><div data-section-type="1" class="ps-section" data-id="rkyrxS8DCe86" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="H1eBlSIDRl8a" data-time="1702057805370">If you are a resident of Virginia, Colorado, and Connecticut, subject to certain conditions and restrictions set out in the applicable laws, you have the following rights with regard to your Personal Information:</div><div data-section-type="1" class="ps-section" data-id="r1ZrxrIDAgIp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="BkGHlH8PCg8a" data-time="1702057805370"><u><i>Right to Access.</i></u> You have the right to request access to and obtain a copy of any Personal Information that we may hold about you.</div><div data-section-type="1" class="ps-section" data-id="SkmSgBLPAeUp" data-time="1702057805370"><u><i>Right to Correct.</i></u> You have the right to request that we correct inaccuracies in your Personal Information.</div><div data-section-type="1" class="ps-section" data-id="rk4HxrLPClLT" data-time="1702057805370"><u><i>Right to Delete.</i></u> You have the right to request that we delete Personal Information that we have collected from or obtained about you.</div><div data-section-type="1" class="ps-section" data-id="SyBSlHIwRl8p" data-time="1702057805370"><u><i>Right to Opt Out of Targeted Advertising.</i></u> You have the right to request that we stop disclosures of your Personal Information for targeted advertising via cookies and tracking technologies by adjusting your cookie preferences through the “Do Not Sell or Share My Personal Information” link in the footer of this page.</div><div data-section-type="1" class="ps-section" data-id="H18BeSIP0xIT" data-time="1702057805370"><u><i>Right to Opt Out of Sales.</i></u> You have the right to opt out of our Sales of your Personal Information.</div><div data-section-type="1" class="ps-section" data-id="ryPSxBUvAxIT" data-time="1702057805370"><u><i>Right to Opt Out of Profiling.</i></u> You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use Personal Information to conduct profiling.</div><div data-section-type="1" class="ps-section" data-id="rydreBUwAx8p" data-time="1702057805370"><u><i>Right to Appeal.</i></u> If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision (Virginia, Colorado, and Connecticut only).</div><div data-section-type="1" class="ps-section" data-id="HJKBgHLDClIT" data-time="1702057805370"><br /></div><ol class="privacy-list-alpha ps-section ps-parent" start="3" data-section-type="4" data-id="Sk5BlSLvCeU6" data-time="1702057805370"> <li class="ps-section" data-id="BkoSgSIP0gUp" data-time="1702057805370"><strong>Nevada Privacy Rights</strong></li></ol><div data-section-type="1" class="ps-section" data-id="SJ2HeSIDRlUa" data-time="1702057805370">Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law.</div><div data-section-type="1" class="ps-section" data-id="ByTrxBLD0e8T" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="H1RHlrUv0x86" data-time="1702057805370"><a id="id.lnxbz9"> </a></div><ol class="privacy-list ps-section ps-parent" start="8" data-section-type="4" data-id="rJkUlrIvCgIa" data-time="1702057805370"> <li class="ps-section" data-id="rJlIeBLwCxI6" data-time="1702057805370"><strong>SWEEPSTAKES, CONTESTS, AND PROMOTIONS</strong></li></ol><div data-section-type="1" class="ps-section" data-id="Sk-8lS8v0gU6" data-time="1702057805370">We may offer sweepstakes, contests, and other promotions (collectively "<b>Promotion</b>") through the Services that may require providing Personal Information to register. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. Please read the official rules carefully. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners' list.</div><div data-section-type="1" class="ps-section" data-id="r1zUeB8PCgI6" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="Sk7UeBIPAg8T" data-time="1702057805370"><a id="id.1ksv4uv"> </a></div><ol class="privacy-list ps-section ps-parent" start="9" data-section-type="4" data-id="H1N8lS8DCeLT" data-time="1702057805370"> <li id="h.35nkun2" class="ps-section" data-id="BkHIgSLvRlIT" data-time="1702057805370"><strong>CHILDREN'S PRIVACY</strong></li></ol><div data-section-type="1" class="ps-section" data-id="H1IUlrUPAeIp" data-time="1702057805370">We do not collect any information from anyone under 16 years of age. The Services we offer are all directed to people who are at least 16 years old or older. If you are under the age of 16, you are not authorized to use the Services.</div><div data-section-type="1" class="ps-section" data-id="HyDUeBUP0x8T" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="BydIlSIDAe86" data-time="1702057805370"><a id="id.44sinio"> </a></div><ol class="privacy-list ps-section ps-parent" start="10" data-section-type="4" data-id="SJY8eBLPCeIT" data-time="1702057805370"> <li class="ps-section" data-id="rk5IeSUPAlLp" data-time="1702057805370"><strong>INTERNATIONAL VISITORS</strong></li></ol><div data-section-type="1" class="ps-section" data-id="BJoLxBLwRlUT" data-time="1702057805370">Angi operates and is based in the United States. If you are using our Services outside the United States, please be aware that the information described in this Policy may be transferred to, or processed and stored in, the United States and other countries, which may employ greater or less restrictive data protection laws. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other countries may be different from the laws in your country. In all cases, we will take appropriate measures to protect your personal information in accordance with the standards described in this Policy.</div><div data-section-type="1" class="ps-section" data-id="ry3UlHIPCl8a" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="HyTLxS8PAeI6" data-time="1702057805370"><a id="id.2jxsxqh"> </a></div><ol class="privacy-list ps-section ps-parent" start="11" data-section-type="4" data-id="B1RUeHUDAlUa" data-time="1702057805370"> <li class="ps-section" data-id="ry1vxBUwRgIp" data-time="1702057805370"><strong>SECURITY</strong></li></ol><div data-section-type="1" class="ps-section" data-id="Sklwlr8wRlI6" data-time="1702057805370">The security and confidentiality of your Personal Information is important to us. We have implemented commercially reasonable technical, administrative, and physical security measures to protect your Personal Information from unauthorized access or disclosure and improper use. It is important for you to protect against unauthorized access to your account password and to your computer. Be sure to log out of your account or to close your browser after you have completed your visit to our Services. Please note that despite our reasonable efforts, no security measure is perfect or impenetrable, therefore we cannot guarantee the absolute security of your Personal Information.</div><div data-section-type="1" class="ps-section" data-id="SyWDxHIv0xUp" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="HJMDgSUvAg86" data-time="1702057805370"><a id="id.z337ya"> </a></div><ol class="privacy-list ps-section ps-parent" start="12" data-section-type="4" data-id="S1QvxHUDAxUT" data-time="1702057805370"> <li class="ps-section" data-id="ByNPgrLDReU6" data-time="1702057805370"><strong>YOUR CHOICES</strong></li></ol><div data-section-type="1" class="ps-section" data-id="ryHvlSUP0gUa" data-time="1702057805370">You may contact<a href="mailto:privacyofficer@angi.com">privacyofficer@angi.com</a> to update, correct, or delete your Personal Information. You may also update, correct, and delete some of your Personal Information through your account on the Services.</div><div data-section-type="1" class="ps-section" data-id="ByLweB8wAgIT" data-time="1702057805370">You may opt out of marketing emails by clicking the “unsubscribe” link at the bottom of emails we send or by sending an email to <a href="mailto:privacyofficer@angi.com">privacyofficer@angi.com</a></div><div data-section-type="1" class="ps-section" data-id="rkvvxS8vCl8p" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="BydPgSLv0gLp" data-time="1702057805370"><a id="id.3j2qqm3"> </a></div><ol class="privacy-list ps-section ps-parent" start="13" data-section-type="4" data-id="rkYwgHUv0e86" data-time="1702057805370"> <li class="ps-section" data-id="Hy5weB8w0xIT" data-time="1702057805370"><strong>CONTACT US</strong></li></ol><div data-section-type="1" class="ps-section" data-id="rJsvxSLPCeLT" data-time="1702057805370">If you have any questions about this Policy, we'll do our best to answer them promptly. Here's how to contact us:</div><div data-section-type="1" class="ps-section" data-id="H12Dxr8DRgIT" data-time="1702057805370"><strong><i>Email:</i></strong></div><div data-section-type="1" class="ps-section" data-id="r1Tvxr8DRlU6" data-time="1702057805370"><a href="mailto:privacyofficer@angi.com">privacyofficer@angi.com</a></div><div data-section-type="1" class="ps-section" data-id="S10vgBUP0xL6" data-time="1702057805370"><strong><i>Mailing Address:</i></strong></div><div data-section-type="1" class="ps-section" data-id="H1kdxHUvAlLp" data-time="1702057805370">Attn: Privacy Officer</div><div data-section-type="1" class="ps-section" data-id="rkeuxrUwRl8p" data-time="1702057805370">Angie's List, Inc. d/b/a Angi</div><div data-section-type="1" class="ps-section" data-id="B1ZdxSIv0lUp" data-time="1702057805370">130 E. Washington St.</div><div data-section-type="1" class="ps-section" data-id="S1fdgS8PCx8a" data-time="1702057805370">Indianapolis, IN 46204</div><div data-section-type="1" class="ps-section" data-id="r1QugrLwAgLa" data-time="1702057805370"><br /></div><div data-section-type="1" class="ps-section" data-id="SkVugSIP0eLa" data-time="1702057805370"><a id="id.4i7ojhp"> </a></div><ol class="privacy-list ps-section ps-parent" start="14" data-section-type="4" data-id="S1rOxBIwCxUa" data-time="1702057805370"> <li id="h.1y810tw" class="ps-section" data-id="H1LOeS8vRgL6" data-time="1702057805370"><strong>CHANGES TO THIS POLICY</strong></li></ol><div data-section-type="1" class="ps-section" data-id="rJvOgHIDAgUT" data-time="1702057805370">If we change this Policy, we will post those changes on this page and will modify the “Last Updated” date at the top of this Policy. If we materially change this Policy in a way that affects how we use or disclose your Personal Information, we will notify you by prominently posting a notice of such changes before making them.</div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459874" class="contract-container group-item " data-id="459874" data-key="gb-booking-terms" data-groups="" style="display: none;"> <div class="contract-header"> <h2>GB Booking Terms</h2> <div class="row"> <div class="six columns" id="version-effective-date-459874"> <label for="select-version-459874" class="select-version select-version-label">Version</label> <select name="versions-459874" id="select-version-459874" class="select-version select-version-select input-select"> <option selected value="contract-id-459874-version-6578a4d52936a6a9e9a5efca" class="contract-id-459874-version-6578a4d52936a6a9e9a5efca" data-version="1.0">Version 1.0  (Current)</option> </select> </div> </div> </div> <div id="contract-versions-459874"> <div id="contract-id-459874-version-6578a4d52936a6a9e9a5efca" data-vid="6578a4d52936a6a9e9a5efca" class="version-container js-version-container-459874 " style="display: block;"> <div id="version-languages-6578a4d52936a6a9e9a5efca" class="version-translation-container"> <div id="version-6578a4d52936a6a9e9a5efca-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="GB Booking Terms"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023</h5> <a id="download-version-6578a4d52936a6a9e9a5efca-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578a4d52936a6a9e9a5efca.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578a4d52936a6a9e9a5efca"> <div data-section-type="1" class="ps-section" data-id="SJwGeGbIa" data-time="1702072334621">These terms and conditions cover the rights and responsibilities between you, as a UK user, and We Are Mop! Limited, a company incorporated in the United Kingdom under registration number 08334346 and a wholly-owned subsidiary of Handy Technologies, Inc. (collectively, "(<strong>"Handy"</strong>, <strong>"we"</strong> or <strong>"us"</strong>) in respect of any services of selected third-party service providers (the "Professionals") fulfilled via our website <a href="http://www.handy.com">www.handy.com</a> (the <strong>"Website"</strong>) or a Handy mobile application (the <strong>"App"</strong>). We refer to the Website and the App together as the <strong>"Handy Platform"</strong>. We recommend that you print, or otherwise retain, these terms and conditions for future reference.</div><div data-section-type="1" class="ps-section" data-id="HJxPGeG-Ia" data-time="1702072334621">Please read them carefully before you make a booking via the Handy Platform, as they will apply to your booking. By making a booking via the Handy Platform, you confirm that you accept these terms and conditions, and that you agree to comply with them. If there is anything you do not agree with, please do not make a booking. If there is anything you do not understand, please contact us at <a href="http://www.handy.com/help">handy.com/help</a>.</div><div data-section-type="1" class="ps-section" data-id="ry-DGgM-Ia" data-time="1702072334621">These Booking Terms and Conditions include your agreement that:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="r1fDGeG-UT" data-time="1702072334621"> <li class="ps-section" data-id="ry7wzgfW8p" data-time="1702072334621"><strong>Your agreement that the Handy Platform is solely a communications platform providing a method for Services to be booked, that all Services are performed by third parties, and that Handy has no liability for any Services or any acts or omissions of third parties (Sections 1 and 5), with the exception of Handy's Happiness Guarantee (Section 7(b)).</strong></li> <li class="ps-section" data-id="SJ4DMgMb8T" data-time="1702072334621"><strong>Your agreement that Handy's Happiness Guarantee is limited to Payments paid by Requesters through the Handy Platform (Section 7(b)).</strong></li> <li class="ps-section" data-id="ryHvMxMbLa" data-time="1702072334621"><strong>We are not responsible for the performance of services by those Professionals except that in some cases, we may provide a refund for, or rearrange those services. You can find out more at Clause 7; Where you cancel the services on less than 24 hours' notice, Handy may charge a cancellation fee in accordance with Clause 4;</strong></li> <li class="ps-section" data-id="ryLPzezWLT" data-time="1702072334621"><strong>Where you cancel the services during a Minimum Commitment Period, Handy may charge a 拢60 cancellation fee as referred to in Clause 4(f)</strong></li> <li class="ps-section" data-id="SkDwGxzbI6" data-time="1702072334621"><strong>We are responsible for loss or damage you suffer as a result of our negligence or breach of our obligations to you under these Booking Terms and Conditions up to certain limits which depend on the obligation breached or in relation to which we have been negligent, and provided that the loss or damage is foreseeable. You can find these limits at Clause 5.</strong></li> <li class="ps-section" data-id="BkODMgG-IT" data-time="1702072334621"><strong>We are not responsible for loss of income, revenue, business, profits, anticipated savings, data or waste of management or office time.</strong></li> <li class="ps-section" data-id="ByKPflfZLT" data-time="1702072334621"><strong>We may amend these Booking Terms and Conditions from time to time, and the Booking Terms and Conditions in force at the time an Order is made will apply to that Order;</strong></li> <li class="ps-section" data-id="rJqDGxz-U6" data-time="1702072334621"><strong>We shall charge you a Trust and Support Fee for each appointment of a Service requested through the Handy Platform (Section 3(g)).</strong></li> <li class="ps-section" data-id="SkivGgGb8a" data-time="1702072334621"><strong>Nothing in these Booking Terms and Conditions affects your legal rights as a consumer, or excludes or limits our liability if you suffer personal injury or death as a result of our negligence, or if you suffer loss or damage as a result of our fraud or fraudulent misrepresentation.</strong></li></ul><div data-section-type="1" class="ps-section" data-id="ry2DMxfW8T" data-time="1702072334621"><strong>1. <u>Summary</u></strong></div><div data-section-type="1" class="ps-section" data-id="S16vflGbL6" data-time="1702072334621"><strong>This is a summary of our key booking terms and conditions. This should not be a substitute for reading the full version below.</strong></div><div data-section-type="1" class="ps-section" data-id="rJAvGxf-Lp" data-time="1702072334621">a. The services you can book via the Handy Platform are performed by Professionals and not us. We are only responsible for fulfilling your booking, and dealing with payment.</div><div data-section-type="1" class="ps-section" data-id="Sykgvzxf-Ip" data-time="1702072334621">b. Except for limited circumstances, we are not responsible or liable for the services you receive from Professionals, but let us know if you encounter a problem or the service you receive falls short of your expectation and we'll do our best to help resolve. Find out more at Clause 7.</div><div data-section-type="1" class="ps-section" data-id="rJlgwMgfWU6" data-time="1702072334621">c. Please check all details and any restrictions relating to a service thoroughly before booking.</div><div data-section-type="1" class="ps-section" data-id="BkWxDMlfbUp" data-time="1702072334621">d. If you want to cancel a booking, please read Clause 4.</div><div data-section-type="1" class="ps-section" data-id="S1MgPGgMZIa" data-time="1702072334621">e. If you want to contact us, please visit the <a href="http://www.handy.com/help">Handy Help Center</a>.</div><div data-section-type="1" class="ps-section" data-id="BkQgDfxzW86" data-time="1702072334621"><strong>2. <u>The Handy Platform is Solely a Venue for Communications.</u></strong></div><div data-section-type="1" class="ps-section" data-id="HkNlvMeMWL6" data-time="1702072334621">a. The Handy Platform is a communications platform for enabling the connection between individuals seeking to obtain home services (“<strong>Requesters</strong>”) and/or individuals seeking to provide home services (“<strong>Professionals</strong>”). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by Professionals, are hereinafter referred to as “<strong>Services</strong>”.</div><div data-section-type="1" class="ps-section" data-id="r1SxDGlGZLa" data-time="1702072334621">b. HANDY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HANDY PLATFORM. THE HANDY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. THE HANDY PLATFORM OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES. THE QUALITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE HANDY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO PROVIDES SUCH SERVICE TO YOU. BECAUSE HANDY IS NOT INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HANDY FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.</div><div data-section-type="1" class="ps-section" data-id="HJIgwzeG-Up" data-time="1702072334621">c. We may amend these Booking Terms and Conditions from time to time. You should check these Booking Terms and Conditions each time you wish to make a booking via the Handy Platform, to make sure that you understand the terms which will apply at that time.</div><div data-section-type="1" class="ps-section" data-id="H1DgDfgfW8T" data-time="1702072334621">d. All Services shown on the Handy Platform are subject to availability and the images and/or descriptions of the Services on the Handy Platform are for illustrative purposes only – actual Services may vary from those images and/or descriptions, but we ask Professionals to ensure that they provide the Services in accordance with those descriptions.</div><div data-section-type="1" class="ps-section" data-id="HyOlvfeMWU6" data-time="1702072334621">e. We advise that you exercise caution and common sense to protect your personal safety and property, as you would when interacting with any person whom you do not know. We have undertaken the Basic Disclosure via Disclosure Scotland, an identity check based on identifying documents.</div><div data-section-type="1" class="ps-section" data-id="SytewfgfWIT" data-time="1702072334621"><strong>2. <u>How to make a booking</u></strong></div><div data-section-type="1" class="ps-section" data-id="rJ5ePfgMbIp" data-time="1702072334621">a. You may only make a booking if you are aged over the age of legal majority in your jurisdiction. We may ask you to provide us with valid proof of identity in a form reasonably acceptable to us upon request.</div><div data-section-type="1" class="ps-section" data-id="SkoePfxG-La" data-time="1702072334621">b. You may only make a booking for your personal use, or for the use of a person, including a company or other organisation which you are authorised to represent. Likewise, you may only book Services with respect to a location where you are legally authorised to have services such as the Services performed.</div><div data-section-type="1" class="ps-section" data-id="Skhgwzxf-8p" data-time="1702072334621">c. You can select which Services you require, at what location, for how many hours and the time for those Services to be provided via the Handy Platform. On selection of the relevant details, we will notify you of the cost of the Services based on those details. If you would like to go ahead, you may then submit the order (<strong>"Order"</strong>) to confirm your request.</div><div data-section-type="1" class="ps-section" data-id="r16eDMgz-8T" data-time="1702072334621">d. When you submit your order for Services, we will send you an email acknowledging receipt of that booking (<strong>"Order Confirmation"</strong>). The Order is subject to such confirmation, and the contract between you and the Professional will be formed only when you are sent the Order Confirmation.</div><div data-section-type="1" class="ps-section" data-id="B1AxDfez-8a" data-time="1702072334621">e. If you order a Service to repeat on a regular basis (<strong>"Recurrent Service"</strong>), for example, where you book a household cleaning to be performed every two weeks, we will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency you have requested. We cannot guarantee that the same Professional will attend each Recurrent Service appointment or that Recurrent Service appointments will not be cancelled. See clause 4 for further information about your rights if we cancel.</div><div data-section-type="1" class="ps-section" data-id="BykWPMxGWUT" data-time="1702072334621">f. You must treat Professionals courteously and lawfully, and ensure that the location in which they will be providing the Services is safe and appropriate working environment for the Professional, in compliance with all applicable laws and regulations.</div><div data-section-type="1" class="ps-section" data-id="rygbPGgz-La" data-time="1702072334621">g. If you are a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.</div><div data-section-type="1" class="ps-section" data-id="SJW-DfeG-UT" data-time="1702072334621">3. <strong>Payment</strong></div><div data-section-type="1" class="ps-section" data-id="BkGbPGxGb8T" data-time="1702072334621">a. Users of the Handy Platform contract for Services directly with other Users. Handy is not a party to any contracts for Services. The Handy Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Services, and make payments for Services ("<strong>Payments</strong>"). The price of a Service will be as quoted on the Handy Platform from time to time. Prices are subject to change at any time, but any such change will not affect Orders in respect of which you have already been sent an Order Confirmation prior to the date the change is published unless such Order is for a Recurrent Service. If you have booked a Recurrent Service you will be notified of any price increase prior to any such price increase taking effect. If you do not agree to such a price increase, you may cancel the Recurrent Service without further liability to us provided you give us at least 24 hours' notice. If you do not cancel the Recurrent Service following such notification of any price increase, such action shall be deemed your acceptance of the increased price.</div><div data-section-type="1" class="ps-section" data-id="ryQ-vfgzZ8T" data-time="1702072334621">b. Prices are based on the specified hourly rate, which depends on factors such as location and how often the Service will recur (if at all). The same Service may cost more in a different location, or if the Service is ordered less frequently. There is a 3 hour minimum applicable to orders for some Services. If you have booked unused time, contact us by visiting the <a href="http://www.handy.com/help">Handy Help Center</a> as soon as possible and we will arrange a refund of any unused hours beyond any minimum hours applicable to the Order.</div><div data-section-type="1" class="ps-section" data-id="HyEWwzefWIp" data-time="1702072334621">c. Prices include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services on the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="rJBbvGgGb8p" data-time="1702072334621">d. Any currency conversion costs or other charges incurred in making a payment will be borne by you in addition to the price due to us.</div><div data-section-type="1" class="ps-section" data-id="HJ8ZvMxMWUT" data-time="1702072334621">e. Payment for all Services must be made at the time of submitting your Order in pounds sterling by credit or debit card, using our online payment facility. You will be responsible for protecting the confidentiality of your username and any password or other security information used by you to access this payment facility and/or the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BkvbvMxzb86" data-time="1702072334621">f. We take reasonable care to provide a functioning payment facility at all times, but cannot guarantee continuous, uninterrupted or secure access to such payment facility, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent on many factors outside our control, such as delays in the banking system or in card networks. Access to our payment facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible.</div><div data-section-type="1" class="ps-section" data-id="Hy_ZPMgMZU6" data-time="1702072334621">g. Handy Trust and Support Fee. If you place an Order through the Handy Platform, Handy may charge an additional non-refundable “Trust and Support Fee” that shall cover without limitation any costs related to background checks, insurance, customer support and related services provided to you by the Handy Platform. The Trust and Support Fee will be applied to each appointment of a Service requested through the Handy Platform (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment.) You shall be notified of the relevant Trust and Support Fee prior to placing an order. Please note that the amount of the Trust and Support Fee may vary from time to time.</div><div data-section-type="1" class="ps-section" data-id="ByF-DfxG-LT" data-time="1702072334621">h. By accepting this Agreement, you are giving Handy (or a third-party payment processor on Handy’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Handy. Depending on the transaction you selected or services requested, Handy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Handy at the prices in effect when such charges are incurred.</div><div data-section-type="1" class="ps-section" data-id="Hy9bwzgMbUa" data-time="1702072334621"><strong>4. <u>Cancelling a booking</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJjZwzlMbLT" data-time="1702072334621">a. In addition to your other legal rights as a consumer, you have the right to cancel an Order and receive a refund in accordance with the terms in this Clause 4.</div><div data-section-type="1" class="ps-section" data-id="B1hWDMxGWI6" data-time="1702072334621">b. If you wish to change the details of, or cancel, the Service you have ordered after you have received the Order Confirmation, please contact us immediately through the <a href="http://www.handy.com/help">Handy Help Center</a> or by mailing a notice of cancellation to Handy Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.</div><div data-section-type="1" class="ps-section" data-id="Sk6bvGeMbUa" data-time="1702072334621">c. If you cancel the Order (in whole or in part):</div><div data-section-type="1" class="ps-section" data-id="BkR-DGlGWIT" data-time="1702072334621">(i) less than 2 hours in advance, we shall require full payment of the Service;</div><div data-section-type="1" class="ps-section" data-id="Hk1MDMeGbI6" data-time="1702072334621">(ii) less than 24 hours in advance but more than 2 hours, you shall be entitled to a refund less the sum of 拢10 by way of an agreed cancellation fee; and</div><div data-section-type="1" class="ps-section" data-id="rJxzPzxGbL6" data-time="1702072334621">(iii) on at least 24 hours in advance, you can get a refund of the applicable amount via the original method of payment unless such cancellation is made within the Minimum Commitment Period as set further in (f) below.</div><div data-section-type="1" class="ps-section" data-id="r1-fwzlzWLa" data-time="1702072334621">d. Please note that no refund or credit note will be given where a cancellation is attempted when the Services are due to take place within 2 hours of the request to cancel.</div><div data-section-type="1" class="ps-section" data-id="BkffPzezWUa" data-time="1702072334621">e. If the Professional requests to change the details of, or cancel, the Services you have ordered after you have received the Order Confirmation, we will seek to allocate another Professional to perform those Services for you in accordance with the original Order. However, we cannot guarantee that this will be possible in every case.</div><div data-section-type="1" class="ps-section" data-id="HkQGDzgzZU6" data-time="1702072334621">f. Cleaning Plan with a Minimum Commitment.</div><div data-section-type="1" class="ps-section" data-id="SkVGPfeGbUT" data-time="1702072334621">(i) <em>Minimum Commitment Plan Term</em>: Your minimum commitment plan term commences on the date of Your first Booking.</div><div data-section-type="1" class="ps-section" data-id="BJSMvzlMZLT" data-time="1702072334621">(ii) <em>Minimum Commitment Plan</em>: We may offer different pricing where you select a cleaning plan with a minimum commitment of Services over a period of time ("Minimum Commitment"). If you agree to a Minimum Commitment, this shall be clearly set out in the Order.</div><div data-section-type="1" class="ps-section" data-id="S18GPzlMW86" data-time="1702072334621">(iii) <em>Rescheduling Service Bookings during the Minimum Commitment</em>: Where you agree to a Minimum Commitment, you can reschedule any Service booking for free at least 24 hours in advance of the scheduled start time, provided such rescheduled Service booking will occur within the period of the Minimum Commitment as specified in the relevant Order ("Minimum Commitment Period"). Where the Services are due to take place within 24 hours, provided that the Services are not due to take place within 2 hours, we will require payment of the sum of 拢10 by way of an agreed cancellation fee. Please note that no refund or credit note will be given where a cancellation or rescheduling is attempted when the Services are due to take place within 2 hours of the request to cancel or reschedule.</div><div data-section-type="1" class="ps-section" data-id="HywfDzeMZUT" data-time="1702072334621">(iv) <em>Cancelling Service bookings during the Minimum Commitment</em>: If you reschedule a Service booking within the Minimum Commitment Period, the provisions in (f)(ii) above shall apply. However, you may elect for us to instead charge your credit card for a sum equal to the Service booking and credit your account accordingly if you choose to cancel a Service booking during a Minimum Commitment Period. Additional fees as set forth in (f)(ii) above may apply if you cancel a booking where the Services are due to take place within 24 hours. Please note that this credit may only be used by you to book additional handyman Services within the Minimum Commitment Period or any cleaning Service after the expiry of the Minimum Commitment Period. If you cancel your cleaning plan prior to the expiry of the Minimum Commitment Period and you have not complied with the Minimum Commitment, you will in addition to the cancellation charges set out above be charged a cancellation fee up to 拢60 unless you can demonstrate that the reason for your failure to meet the Minimum Commitment is due to our fault.</div><div data-section-type="1" class="ps-section" data-id="SyufwMxz-86" data-time="1702072334621">(v) <em>Expiration of the Minimum Commitment</em>: Once your Minimum Commitment Period has expired, your selected plan will remain active and Professionals will continue to be scheduled and charged to your credit card based on your selected time and frequency unless you cancel your booking in accordance with the cancellation policy set forth in this clause (4).</div><div data-section-type="1" class="ps-section" data-id="HytfvMezZ8T" data-time="1702072334621"><strong>5. <u>Liability</u></strong></div><div data-section-type="1" class="ps-section" data-id="BJ9zvzeGZUT" data-time="1702072334621"><strong>Except as expressly set forth herein, we are not responsible or liable to you for the actual Services provided by the Professional that are booked through the Handy Platform to the fullest extent permissible by law.</strong></div><div data-section-type="1" class="ps-section" data-id="r1ifPGxzb86" data-time="1702072334621">a. Under these Booking Terms and Conditions, we have certain obligations to you. These responsibilities are set out below.</div><div data-section-type="1" class="ps-section" data-id="ByhzvGxf-Up" data-time="1702072334621">Where we have been negligent and/or breached those obligations to you, we will be responsible for any loss or damage you suffer as a result, as long as the loss and/or damage is reasonably foreseeable. Loss or damage is reasonably foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time you received the Order Confirmation.</div><div data-section-type="1" class="ps-section" data-id="SkaGwfxfWLa" data-time="1702072334621">(i) <strong>We are responsible for taking your bookings and passing those on to the relevant Professionals for fulfillment.</strong> Where we have been negligent and/or breached this obligation to you, for example if we have failed to pass on your booking after you have received your Order Confirmation, we will be liable for any reasonably foreseeable loss or damage you suffer as a result, up to a maximum amount of 125% of the fees you have paid under the applicable Order.</div><div data-section-type="1" class="ps-section" data-id="S1AfPzlGb86" data-time="1702072334621">(ii) <strong>We are also responsible for dealing with payments made by you in relation to your bookings.</strong> Where we have been negligent and/or breached this obligation to you, for example if we have failed to pass on your payment to the relevant Professional, we will be liable for any loss or damage you suffer as a result, up to a maximum amount of 100% of the fees you have paid under the applicable Order.</div><div data-section-type="1" class="ps-section" data-id="HyymvzxzWI6" data-time="1702072334621">(iii) <strong>We are responsible for requiring Professionals to agree by contract that they have appropriate professional insurance and ensuring that they have passed a Basic Disclosure check from Disclosure Scotland</strong> (for more information, see <a href="http://www.disclosurescotland.co.uk/disclosureinformation/index.htm">http://www.disclosurescotland.co.uk/disclosureinformation/index.htm</a>), an identity check based on identifying documents. Where we have been negligent and/or breached this obligation to you, we will be liable for any loss or damage you suffer as a result, up to a maximum amount of 125% of the fees you have paid under the applicable Order.</div><div data-section-type="1" class="ps-section" data-id="H1x7DMeGZIT" data-time="1702072334621">b. Our liability won't include any losses relating to your business, even if those losses are reasonably foreseeable. These types of losses include (for example) loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.</div><div data-section-type="1" class="ps-section" data-id="ry-mDGgMWLa" data-time="1702072334621">c. We do not exclude or limit our liability:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="SkzXDzxM-Lp" data-time="1702072334621"> <li class="ps-section" data-id="r17Qwflf-UT" data-time="1702072334621">if we are negligent and that negligence causes death or personal injury;</li> <li class="ps-section" data-id="H1NXwfxGW86" data-time="1702072334621">for fraud or fraudulent misrepresentation</li> <li class="ps-section" data-id="HJB7DzeGZ86" data-time="1702072334621">for any liability which cannot be excluded or limited under applicable law.</li></ul><div data-section-type="1" class="ps-section" data-id="SkUmvGgM-Ip" data-time="1702072334621"><strong>6. <u>Our right to vary these Booking Terms and Conditions</u></strong></div><div data-section-type="1" class="ps-section" data-id="S1P7wfeGbIa" data-time="1702072334621">a. We may revise these Booking Terms and Conditions from time to time in the following circumstances:</div><div data-section-type="1" class="ps-section" data-id="SyumvGgG-IT" data-time="1702072334621">(i) If we change the process for accepting payment from you;</div><div data-section-type="1" class="ps-section" data-id="rJYmwMefWI6" data-time="1702072334621">(ii) If there are changes in relevant laws and regulatory requirements;</div><div data-section-type="1" class="ps-section" data-id="B1cQwzefW8p" data-time="1702072334621">(iii) If there are any other changes to our business that reasonably means we need to amend these Booking Terms and Conditions</div><div data-section-type="1" class="ps-section" data-id="r1imPMxGWL6" data-time="1702072334621">b. Every time you make an Order via the Handy Platform, the Booking Terms and Conditions in force at that time will apply to the Order between you and us.</div><div data-section-type="1" class="ps-section" data-id="BJ27vzgzW86" data-time="1702072334621">c. Whenever we revise these Booking Terms and Conditions in accordance with this Clause 6, we will keep you informed and give you notice of this by stating that these Booking Terms and Conditions have been amended and the relevant date at the top of this page.</div><div data-section-type="1" class="ps-section" data-id="rJpXPGezb86" data-time="1702072334621"><strong>7. <u>Resolving Issues</u></strong></div><div data-section-type="1" class="ps-section" data-id="rJ0QwGlz-8a" data-time="1702072334621">a. If you would like to make a complaint or provide any feedback about a Professional or the Services, please contact us through the <a href="http://www.handy.com/help">Handy Help Center</a> as soon as possible.</div><div data-section-type="1" class="ps-section" data-id="BJJVvGxG-Up" data-time="1702072334621">b. The Handy Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the Handy Happiness Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, Handy will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to GBP 1,000 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service; or (b) up to GBP 500 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to GBP 500; or (c) up to GBP 1,000, in the aggregate, for losses arising from theft of a Requester’s property by a Professional during performance of a Professional Service. The Service Requester is eligible for the Handy Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Help Center at <a href="http://www.handy.com/help">www.handy.com/help</a>. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the Handy Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.</div><div data-section-type="1" class="ps-section" data-id="B1eEDfxzZU6" data-time="1702072334621">ii. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the Handy Happiness Guarantee is secondary. The Handy Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.</div><div data-section-type="1" class="ps-section" data-id="rk-NDGgM-UT" data-time="1702072334621">iii. A Requester will be covered under the Handy Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="BkMEwMgfWUp" data-time="1702072334621"> <li class="ps-section" data-id="Sk7VvzgfWLa" data-time="1702072334621">The Professional Service is agreed to between a Requester and a Professional using the Handy Platform, performed by the Professional hired by the Requester and paid for in full through the Handy Platform;</li> <li class="ps-section" data-id="B14VvMxfbI6" data-time="1702072334621">The Requester has not violated this Agreement;</li> <li class="ps-section" data-id="SkHNwGezbLT" data-time="1702072334621">The Requester has reported the claim within 72 hours of the Professional Service; and</li> <li class="ps-section" data-id="ryI4wflzbIT" data-time="1702072334621">The Requester's Handy account is in good standing with no outstanding balances owed to Handy;</li> <li class="ps-section" data-id="SJwEDflGWUp" data-time="1702072334621">The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and</li> <li class="ps-section" data-id="H1uVvMeGWL6" data-time="1702072334621">The Requester has accounted for and secured all valuables prior to the start of a Professional Service.</li></ul><div data-section-type="1" class="ps-section" data-id="SkKEDMgf-Ip" data-time="1702072334621">iv. What is excluded from the Handy Happiness Guarantee? The "Handy Happiness Guarantee" does not cover the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="BJqVDflfWLp" data-time="1702072334621"> <li class="ps-section" data-id="H1jVvMlGZI6" data-time="1702072334621">Professional Services that are requested through Home Improvement Referrals;</li> <li class="ps-section" data-id="S1hNDMxf-Up" data-time="1702072334621">Any Professional Service that is not booked and paid for directly on the Handy Platform;</li> <li class="ps-section" data-id="Bk64wzxGbUT" data-time="1702072334621">Merchandise;</li> <li class="ps-section" data-id="SyANvzgfZ8a" data-time="1702072334621">losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;</li> <li class="ps-section" data-id="H11rwMlG-U6" data-time="1702072334621">losses arising out of interruption of business, loss of market, loss of income and/or loss of use;</li> <li class="ps-section" data-id="S1eHDfeGWU6" data-time="1702072334621">losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;</li> <li class="ps-section" data-id="H1bSwzeGZLT" data-time="1702072334621">losses arising from the acts or omissions of a Requester or third party;</li> <li class="ps-section" data-id="SkfrPGxM-I6" data-time="1702072334621">losses arising from the negligence or misconduct of a third party;</li> <li class="ps-section" data-id="rJmHwMxz-U6" data-time="1702072334621">losses arising from a manufacturer’s or a product’s defects;</li> <li class="ps-section" data-id="HJVrwzgzW8T" data-time="1702072334621">losses from pre-existing damages or conditions of the item or property;</li> <li class="ps-section" data-id="SJBHDzgzWI6" data-time="1702072334621">losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);</li> <li class="ps-section" data-id="Sk8HwfxMZIp" data-time="1702072334621">losses arising from flooding and/or water damage including mold, fungi or bacteria;</li> <li class="ps-section" data-id="BkwHvfxM-L6" data-time="1702072334621">losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;</li> <li class="ps-section" data-id="HkOHDMgzbIa" data-time="1702072334621">losses of cash, third party gift cards and securities;</li> <li class="ps-section" data-id="SkKSvGgGZI6" data-time="1702072334621">losses as a result of an intentional wrongful act by a Professional;</li> <li class="ps-section" data-id="SkqSPGgMWUp" data-time="1702072334621">losses arising from normal wear and tear;</li> <li class="ps-section" data-id="SyiSwfgGZIT" data-time="1702072334621">losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);</li> <li class="ps-section" data-id="rknHDGef-I6" data-time="1702072334621">losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;</li> <li class="ps-section" data-id="rkarDGgf-IT" data-time="1702072334621">losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);</li> <li class="ps-section" data-id="SkRSvzxfbLT" data-time="1702072334621">loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;</li> <li class="ps-section" data-id="SkJIPGxMbUT" data-time="1702072334621">losses based on sentimental and/or undocumented intangible value;</li> <li class="ps-section" data-id="BklIPGxfWIp" data-time="1702072334621">losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;</li> <li class="ps-section" data-id="rJ-UwzlM-L6" data-time="1702072334621">losses related to repairs outside of the area where the Professional Services were performed;</li> <li class="ps-section" data-id="SyMUDMeMWIT" data-time="1702072334621">losses of pets, personal liability or damage to shared or common areas;</li> <li class="ps-section" data-id="ry7UwfeMbI6" data-time="1702072334621">losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;</li> <li class="ps-section" data-id="HyEIPfxMZUp" data-time="1702072334621">losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation;</li> <li class="ps-section" data-id="r1BIvzez-La" data-time="1702072334621">losses occurring after, or unrelated to, the performance of a Professional Service;</li> <li class="ps-section" data-id="SyL8vMgG-La" data-time="1702072334621">losses involving products or services, or uses of either, that are prohibited by law;</li> <li class="ps-section" data-id="SywIPGeMbLp" data-time="1702072334621">losses due to unforeseeable or latent defects in the premises;</li> <li class="ps-section" data-id="SkdLPGef-U6" data-time="1702072334621">losses related to services not explicitly booked through the Handy Platform; and</li> <li class="ps-section" data-id="r1KUPzgMWL6" data-time="1702072334621">losses reported by third parties</li></ul><div data-section-type="1" class="ps-section" data-id="Syc8DGgMZLp" data-time="1702072334621">v. How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Handy Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Handy’s claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Handy the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Handy to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Handy Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Handy or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Handy resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item.</div><div data-section-type="1" class="ps-section" data-id="rkj8wzxGb86" data-time="1702072334621">If any part of Your claim is approved, then as a condition to any payment to You under the Handy Happiness Guarantee, You will be required to execute and deliver to Handy the release agreement within 14 days of receipt of the release agreement from Handy, and assign to Handy or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Handy within 14 days of Your receipt and the claim shall no longer shall be eligible for the Handy Happiness Guarantee.</div><div data-section-type="1" class="ps-section" data-id="BJhUvfxzWI6" data-time="1702072334621"><strong>8. <u>General</u></strong></div><div data-section-type="1" class="ps-section" data-id="HJTLvzgfWI6" data-time="1702072334621">a. All communications and notices from you must be sent to us at <a href="http://www.handy.com/help">handy.com/help</a>. We may communicate and give notice to you via post, email or by posting notices on the Handy Platform.</div><div data-section-type="1" class="ps-section" data-id="BJAIvfeMWIT" data-time="1702072334621">b. Please note our customer support hours in the United Kingdom are: 7am-7pm.</div><div data-section-type="1" class="ps-section" data-id="rJkPwfez-La" data-time="1702072334621">c. If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.</div><div data-section-type="1" class="ps-section" data-id="BJxPDMxGbLT" data-time="1702072334621">d. These Booking Terms and conditions are governed by English law.</div><div data-section-type="1" class="ps-section" data-id="SyWPDGgz-8a" data-time="1702072334621">e. We will try and solve any disagreements between us in relation to these Booking Terms and Conditions quickly and efficiently. If you are not happy with the way we deal with any such disagreement and you want to take court proceedings, you must do this in the United Kingdom.</div><div data-section-type="1" class="ps-section" data-id="HJzwvzez-Ua" data-time="1702072334621"><strong>Last updated</strong>: January 01, 2023</div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459915" class="contract-container group-item " data-id="459915" data-key="cookies-policy" data-groups="" style="display: none;"> <div class="contract-header"> <h2>Cookies Policy</h2> <div class="row"> <div class="six columns" id="version-effective-date-459915"> <label for="select-version-459915" class="select-version select-version-label">Version</label> <select name="versions-459915" id="select-version-459915" class="select-version select-version-select input-select"> <option selected value="contract-id-459915-version-6578a95f4d1c664895a7974c" class="contract-id-459915-version-6578a95f4d1c664895a7974c" data-version="1.0">Version 1.0  (Current)</option> </select> </div> </div> </div> <div id="contract-versions-459915"> <div id="contract-id-459915-version-6578a95f4d1c664895a7974c" data-vid="6578a95f4d1c664895a7974c" class="version-container js-version-container-459915 " style="display: block;"> <div id="version-languages-6578a95f4d1c664895a7974c" class="version-translation-container"> <div id="version-6578a95f4d1c664895a7974c-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="Cookies Policy"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023</h5> <a id="download-version-6578a95f4d1c664895a7974c-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578a95f4d1c664895a7974c.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578a95f4d1c664895a7974c"> <div data-section-type="1" class="ps-section" data-id="SyZfex-IT" data-time="1702064137301">Websites maintained by Handy (collectively the "Site") use a number of different cookies. This Cookies Policy explains the following:</div><ul data-section-type="3" class="ps-section ps-parent" data-id="B1lbGxl-LT" data-time="1702064137301"> <li class="ps-section" data-id="H1Wbzxe-La" data-time="1702064137301"><a href="#section1">What are cookies?</a></li> <li class="ps-section" data-id="HkzZMexWUT" data-time="1702064137301"><a href="#section2">Cookies we use and why we use them</a></li> <li class="ps-section" data-id="ByQ-MeebLT" data-time="1702064137301"><a href="#section3">E.U. users' right to refuse cookies</a></li></ul><div id="section1" data-section-type="1" class="ps-section" data-id="rkEWzggbUT" data-time="1702064137301"><strong>WHAT ARE COOKIES?</strong></div><div data-section-type="1" class="ps-section" data-id="B1B-MxlWI6" data-time="1702064137301">Cookies are small files that are downloaded to your device when you visit a website. The cookie then sends information back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user's device. You can find more information about cookies at:<a href="http://www.allaboutcookies.org">www.allaboutcookies.org</a>and<a href="http://www.youronlinechoices.eu">www.youronlinechoices.eu</a>.</div><div data-section-type="1" class="ps-section" data-id="rJIWfleZ8p" data-time="1702064137301">Cookies perform many different functions, such as letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience.</div><div id="section2" data-section-type="1" class="ps-section" data-id="SkvZzlgZL6" data-time="1702064137301"><strong>COOKIES AND WHY WE USE THEM</strong></div><div data-section-type="1" class="ps-section" data-id="SJ_Zfll-Ip" data-time="1702064137301">Cookies can be categorized by who puts the cookie on the user's computer (or other device the user uses to browse the website).</div><div data-section-type="1" class="ps-section" data-id="ByYbfgx-Ua" data-time="1702064137301"><strong>First-party cookies</strong>are cookies placed by the party operating the website. For example, any cookies we (Handy) place on your computer from our Site are first-party cookies.</div><div data-section-type="1" class="ps-section" data-id="Sy9ZzxlZ86" data-time="1702064137301"><strong>Third-party cookies</strong>are cookies placed from a website by a party that does not own or operate that website.</div><div data-section-type="1" class="ps-section" data-id="B1jWGxxW8p" data-time="1702064137301">We use only first-party cookies on our Site.</div><div data-section-type="1" class="ps-section" data-id="Bk3-MllWIp" data-time="1702064137301">Cookies are also often categorized by function. We use four types of cookies by function on our Site:</div><div id="section2a" data-section-type="1" class="ps-section" data-id="SyabfxlWUp" data-time="1702064137301"><strong>1. Essential Cookies</strong></div><div data-section-type="1" class="ps-section" data-id="BJAZfelbU6" data-time="1702064137301">These are cookies that are strictly necessary for the functioning of the website or for performing services that an individual user has requested. For example, we use a cookie that remembers that you are logged into the Site until you log out.</div><div data-section-type="1" class="ps-section" data-id="S11g-zllZLa" data-time="1702064137301">If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages)</div><div id="section2b" data-section-type="1" class="ps-section" data-id="HyxeWMgx-I6" data-time="1702064137301"><strong>2. Analytical Cookies</strong></div><div data-section-type="1" class="ps-section" data-id="HyWgWGxx-86" data-time="1702064137301">These cookies collect information about how visitors use a website — for instance, which pages visitors go to most often, and whether visitors get error messages from web pages. Analytical cookies don't collect information that identifies a visitor. All information that analytical cookies collect is aggregated and therefore anonymous. These cookies are used only to improve how a website functions.</div><div data-section-type="1" class="ps-section" data-id="SyGgZGeeZ8a" data-time="1702064137301">We use cookies provided by third-party service providers, including Google Analytics, Optimizely, and New Relic, to help us analyze how users use the Site.</div><div data-section-type="1" class="ps-section" data-id="H17xZzgxWI6" data-time="1702064137301">The Google Analytics cookies collect data tied to a user's IP address, such as the length of time a user spends on a page, the pages a user visits, and the websites a user visits before and after visiting the Site. You can object to the collection of your information by Google Analytics by clicking<a href="https://tools.google.com/dlpage/gaoptout?hl=en">here</a>. We place cookies provided by Optimizely to test whether changes we have made to the Site work properly.</div><div data-section-type="1" class="ps-section" data-id="SJNlZzex-86" data-time="1702064137301">Like the cookies provided by Google Analytics and Optimizely, the cookies provided by New Relic collect information about your visit to the Site, such as delays you might experience when using Site features. The New Relic cookies assign an identification number, called a "session ID", to your visit to our Site. Information collected about your visit is sent to New Relic and tied to the session ID. Each visit generates a new session ID, and session IDs between different visits are not linked to identify you. New Relic deletes the session ID at the end of your visit.</div><div data-section-type="1" class="ps-section" data-id="rkrlZMgxbIp" data-time="1702064137301">The cookies provided by each third-party service provider send the information they collect to that third-party service provider. For example, the cookies provided by Google Analytics send information about your Site interactions to Google Analytics. Each third-party service provider then compiles aggregated data using the information received and sends us reports on the aggregated data. These reports are not shared with other parties. We use the reports to offer better Site experiences and tools in the future.</div><div data-section-type="1" class="ps-section" data-id="H1LlWGglbUT" data-time="1702064137301">Although these cookies provide information to the third-party service providers, they are first-party cookies because we place them ourselves.</div><div id="section2c" data-section-type="1" class="ps-section" data-id="BkDeWGlebIa" data-time="1702064137301"><strong>3. Functional Cookies</strong></div><div data-section-type="1" class="ps-section" data-id="rydlbGexWIT" data-time="1702064137301">These cookies allow the website to remember choices users make and to provide enhanced, personalized features. For example, we use cookies provided by Olark.com that allow you to continue chatting with customer support when navigating between pages.</div><div id="section2d" data-section-type="1" class="ps-section" data-id="S1FgWzegWUp" data-time="1702064137301"><strong>4. Targeting/Advertising Cookies</strong></div><div data-section-type="1" class="ps-section" data-id="r1cxWfglZI6" data-time="1702064137301">Targeting/advertising cookies are cookies used to deliver advertisements relevant to the user. They remember that a user has visited a website and share this information with other organizations, such as advertising vendors.</div><div data-section-type="1" class="ps-section" data-id="Sksg-Glgb8p" data-time="1702064137301">Cookies in this category may include Remarketing Cookies. These are cookies that remember that you visited our Site after you leave. Sometimes they collect information about what pages of our Site you visited. They then share this information with our third-party vendors, such as AppNexus, Google, Nanigans, Facebook, and Twitter. Based on this information, the third-party vendors show you advertisements on third-party websites for Handy products that we think may interest you based on what you viewed on our Site.</div><div data-section-type="1" class="ps-section" data-id="rk2gZMxgWLT" data-time="1702064137301">You may opt out of Google's use of cookies by visiting<a href="http://www.google.com/settings/ads?hl=en&sig=ACi0TCj3tYSWx1J-_py5kWT1_-bwSVlQ6_ctD3te7yK2M1nOjE8qqSPAFgD0ilTnZH6iRKipNQr3oHKqwYqeB9AJ6VnmkUfSZskoxWxZeLpChNWyCneYQQMHG2rpHJrxi_jE-Bv8LL8S0uqPcmcBA2zkPYibn6b5OwjEfvqbZTq7a_Muo-nZ-9GaW8xM7xt7asNUmDcB41Lg">Google's Ads Settings</a>here. You can also opt out of the use by other advertisers and third party service providers, such as AppNexus, of information from cookies placed by the Site by visiting the Network Advertising Initiative ("NAI") opt-out page. However, not all of our third-party vendors participate in the<a href="http://www.networkadvertising.org/choices/">Network Advertising Initiative opt-out page</a>. Some of these advertisers and/or service providers may also participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit<a href="http://www.aboutads.info/choices/">http://www.aboutads.info/choices/</a>, and<a href="http://www.aboutads.info/appchoices">http://www.aboutads.info/appchoices</a>for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.</div><div data-section-type="1" class="ps-section" data-id="r1alWGelZUT" data-time="1702064137301">Cookies can also be categorized by how long they remain on your device. There are two broad categories of duration:</div><div data-section-type="1" class="ps-section" data-id="r10e-fegbU6" data-time="1702064137301"><strong>1. Persistent cookies</strong></div><div data-section-type="1" class="ps-section" data-id="SJkbWfeeb8p" data-time="1702064137301">Persistent cookies remain on your device until deleted manually or automatically.</div><div data-section-type="1" class="ps-section" data-id="BJlWZzllWLT" data-time="1702064137301"><strong>2. Session cookies</strong></div><div data-section-type="1" class="ps-section" data-id="SJbZZzleb8a" data-time="1702064137301">Session cookies remain on your device until you close your browser when they are automatically deleted.</div><div data-section-type="1" class="ps-section" data-id="BkzbbfglZLa" data-time="1702064137301">We use both session and persistent cookies on our Site.</div><div data-section-type="1" class="ps-section" data-id="BJ7-bGleZUa" data-time="1702064137301"><strong>Location of information processing:</strong><br /></div><div data-section-type="1" class="ps-section" data-id="BkNW-zggZI6" data-time="1702064137301">The information collected by our cookies is processed in servers located in the United States.</div><div id="section3" data-section-type="1" class="ps-section" data-id="BJrbbGlgZUp" data-time="1702064137301"><strong>E.U. USERS' RIGHT TO REFUSE COOKIES</strong></div><div data-section-type="1" class="ps-section" data-id="rkI-bMexbI6" data-time="1702064137301">Users in the European Union (E.U.) have the right to refuse to allow cookies to be placed on the device they use to access the Site. We describe below how E.U. users can reject cookies used by our Site.</div><div data-section-type="1" class="ps-section" data-id="BJP--GglZ8T" data-time="1702064137301"><u>Rejecting Cookies Through Browser Settings:</u></div><div data-section-type="1" class="ps-section" data-id="Skub-GxlW8a" data-time="1702064137301">The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. For more information on using browser settings to reject cookies, please visit<a href="http://www.allaboutcookies.org">www.allaboutcookies.org</a>.</div><div data-section-type="1" class="ps-section" data-id="SJKWbMegZUa" data-time="1702064137301">You should note that rejecting cookies in your browser settings may mean that any preferences you set on this Site will be lost and that the Site may not work as well. In addition, using the browser settings to reject cookies may also cause your browser to reject cookies from all websites, not just this Site.</div><div data-section-type="1" class="ps-section" data-id="Bk5ZbGleb8a" data-time="1702064137301"><strong>HAVE QUESTIONS?</strong></div><div data-section-type="1" class="ps-section" data-id="rJjWWfglbIa" data-time="1702064137301">If you have any questions about our Cookie Policy, we'll do our best to answer them. You can email us at<a href="mailto:privacy@handy.com">privacy@handy.com</a>.</div><div data-section-type="1" class="ps-section" data-id="ByhZWfgl-I6" data-time="1702064137301"><strong>COOKIE POLICY UPDATES</strong></div><div data-section-type="1" class="ps-section" data-id="r1pbZfgeZUT" data-time="1702064137301">If we change our Cookie Policy, we will post those changes on this page and update the Cookie Policy modification date above. If we materially change this Cookie Policy in a way that affects how we use or disclose your personal information, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes.</div><div data-section-type="1" class="ps-section" data-id="S10-ZMxgWLp" data-time="1702064137301">Last updated:<strong>December 20, 2019</strong></div> </div> </div> </div> </div> </div> </div> <div id="contract-id-459920" class="contract-container group-item " data-id="459920" data-key="do-not-sell-or-share-my-personal-information" data-groups="" style="display: none;"> <div class="contract-header"> <h2>Do Not Sell or Share My Personal Information</h2> <div class="row"> <div class="six columns" id="version-effective-date-459920"> <label for="select-version-459920" class="select-version select-version-label">Version</label> <select name="versions-459920" id="select-version-459920" class="select-version select-version-select input-select"> <option selected value="contract-id-459920-version-6578a9f41d9cf2d10babcaa6" class="contract-id-459920-version-6578a9f41d9cf2d10babcaa6" data-version="1.0">Version 1.0  (Current)</option> </select> </div> </div> </div> <div id="contract-versions-459920"> <div id="contract-id-459920-version-6578a9f41d9cf2d10babcaa6" data-vid="6578a9f41d9cf2d10babcaa6" class="version-container js-version-container-459920 " style="display: block;"> <div id="version-languages-6578a9f41d9cf2d10babcaa6" class="version-translation-container"> <div id="version-6578a9f41d9cf2d10babcaa6-locale-en-us" class="version-translation version-locale-en-us" data-locale="en-us" data-locale-gen="en" data-title-translation="Do Not Sell or Share My Personal Information"> <div class="row"> <h5 class="effective-date" role="presentation">Effective December 13th 2023</h5> <a id="download-version-6578a9f41d9cf2d10babcaa6-locale-en-us" href="https://vault.pactsafe.io/s/f2c54d1f-373d-4a51-b961-d1bea6d73ec5/versions/6578a9f41d9cf2d10babcaa6.pdf" target="_blank" rel="noopener" class="version-download-link inline-link">Download</a> </div> <div class="table-of-contents"> <hr class="divider table-of-contents-divider" /> <h3>Table of Contents</h3> <ol class="table-of-contents-links"></ol> </div> <hr class="divider body-divider" /> <div class="body js-body-6578a9f41d9cf2d10babcaa6"> <div data-section-type="1" class="ps-section" data-id="Bk3gm1-8a" data-time="1702060788348">We work with vendors that use cookies and other tracking technologies to gather information about yourinteractions with our website and third-party websites to deliver advertisements relevant to your interest.This collection of your personal information for advertising purposes is defined as a “sale” or “sharing” ofdata under the California Consumer Protection Act, as amended (“CCPA”), and as a “sale” under the VirginiaConsumer Data Protection Act (“VCDPA”). To opt out of the collection for your personal information for advertisingpurposes pursuant to the CCPA or VCDPA, please modify your settings below under “Cookies Settings”.</div><div data-section-type="1" class="ps-section" data-id="Hkgnl7kbUp" data-time="1702060788348"> For more information, please visit our <a href="https://www.handy.com/privacy">privacy policy.</a></div><div data-section-type="1" class="ps-section" data-id="BJb3e7ybIT" data-time="1702060788348"><br /></div> </div> </div> </div> </div> </div> </div> </div> </div> </main>  <hr class="divider footer-divider" /> <footer id="footer" class="container"> <p class="powered-by"><a href="https://ironcladapp.com/product/clickwrap/?utm_medium=product&utm_source=legal-center&utm_campaign=lc-footer&utm_content=Angi" target="_blank" rel="noopener noreferrer" class="inline-link">Legal Center powered by Ironclad Clickwrap</a></p> <p class="footer-copyright">Copyright © 2024, <a href="https://www.angi.com/" target="_blank" rel="noopener noreferrer" class="inline-link">Angi</a></p> </footer>  </body> </html>