HANDYWISE.COM TERMS OF USE

This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor or member of our site, hereinafter referred to as the “site”, and Handywise Professional Advisors, Inc. a  corporation that serves as the owner and operator of this site.

As a condition precedent to you being able to use any of the tools, functions and services provided to you by Handywise Professional Advisors, Inc. via our site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement.  Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, such activities on your part means expressly  that you have read this Agreement and agree to be bound by the terms and conditions contained herein.  Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership.

General Rules

Site members, visitors and any user of our tools and services may not:

• Violate the law of any jurisdiction while visiting our site or using any tool or service that we provide.
• Harass or Cyberstalk any user of our tools and services or visitors to our site.
• Conduct any activity that is harmful or detrimental to our site or business as solely determined by us.
• Transmit any information or content via our tools and services that are obscene, indecent, defamatory, or in violation of the laws of any jurisdiction.
• Upload any material that is harmful to our user’s computers or objectionable to our user group.
• Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
• Falsely represent your professional or business credentials or professional background.
• Violate any rule of conduct requirement or guideline as posted by us on our site or made known to you by us in any way.

You must be of adult age in your jurisdiction to use this site or the tools and services that we provide.  In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a service member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

Rules that cannot be violated by users or members include the following:

• Racist, intolerant, “hate,” defamatory, “stalking,” invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.

We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

We reserve the right to refuse service to any person or entity for any reason which we, in our sole discretion, deem to be appropriate.

Fees and Costs

1. Membership Fees.  You agree to pay us in a timely fashion any and all fees and costs that we impose for membership if you are a professional or service provider.  You will authorize us to charge your credit card or deduct from your earnings account any fee or cost that is due to us. Our fees and costs are published on our site and are subject to revision at anytime without prior notice to you.  We will also deduct a percentage of your earnings as set forth on our site.  You agree to refrain from attempting to “game” or cheat our earnings system and defraud us of whatever fees, costs or shared earning percentages we charge professionals and service providers.  You will not accept any fee from a client made available to you via our site outside of our site. We reserve the right to discontinue your membership if you violate any of our rules, regulations and guidelines.
2. Client Activity.  As a client, you agree to pay for all services rendered in a timely fashion or as otherwise set forth by our site’s rules and guidelines, in a prompt and timely manner and to pay for all service received from professionals and service providers exclusively via our site. You agree to refrain from hiring any service provider outside of our system for a period of one year starting from the last date of service provided to you by a service provider or professional secured via our site. 

Dispute Resolution between Client and Service Provider

All disputes of any and all nature between a client and a service provider are strictly between the client and service provider. We reserve the right to release any and all personal information regarding either party to the other in the event a dispute has arisen and we have been asked by one party to release the other party’s information. 

Disclaimer of Warranty

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site, tools and services and all content contained, distributed, sold or published via the site are provided to you "As Is, Where Is", without any warranty of any kind, express or implied. Some services may be unavailable at unannounced times for repair of script errata, the engaging of updated services, or other reasons. There shall be no refund for services or tools that are unavailable due to scheduled or unscheduled service outages.

Intellectual Property Provisions

All content provided within or via this site is protected by various Canadian, US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements.  No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.  The content of this Site may not be “framed” or “mirrored”.  All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Termination of Service

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit.  We also reserve the right to discontinue any service or modify any service with no notice to you.  If we terminate services to you, we will deactivate your account.  We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. 

You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site.  You may not engage in denial of service attacks upon the servers that publish this Site.  You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies.  Please carefully review the terms of service and privacy policies of all such sites prior to usage.  You assume the risk of any usage of such third party sites.

Submissions

All submissions (but not personal information) become the property of this Site.  All submissions are non-confidential in nature.  “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication.  You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations.  You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature.  You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether  directly or indirectly.   

Content Issues

We are not responsible for any content provided to the public by our site members. We do not screen content provided by our site members, whether published via our chat services or any other service or tool we provide and you agree that we do not have any duty to do so prior to such being published or distributed on our site or via any of our tools and services. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed, or distributed due the actions of one or more of our users or any third party or entity.  We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. 

We do not guarantee that content or communications issued via any of our tools or services will be 100% secure from outside interference or interception and you, as our user or registered member, agree to hold us harmless from any claims regarding any such authorized interference or interception of your content or communications.

Professional Qualifications and Licensing

We do not screen the professionals who provide services via our site in order to evaluate their professional backgrounds, licenses, education or personal or criminal background or any other potential claim made by said professionals. You agree to hold us harmless from any claim of any nature regarding the quality of service that you receive from any professional via our site or the tools and services that we provide and to indemnify us from any claims or damages of any nature regarding your consultation with any professional or services rendered to you by any professional or any fraud, misleading, incomplete or inaccurate statements or services, “professional malpractice” or any other civil or criminal claim and damages of any nature.

Professionals using our site and the tools and services that we provide may publish via our site “proof” of professional credentials, licenses, examples of work product, or evidence of other claims that they make regarding their professional, licensing, background and identity. We do not independently verify any such claims, examples or proof and urge you to conduct full investigational and due diligence activities and verification attempts on your own before using the services of any professional or member of our site before you rely upon or pay for any such services.

Jurisdiction

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the Province of Ontario, Canada.  Any legal dispute of any nature will be resolved exclusively in the courts of Toronto, Ontario, Canada.

Foreign Usage

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction.  You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside Canada .

General Information

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

We may revise or modify any portion of this Agreement at any time without notice to you.  You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere.  Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server(s) downtime under any circumstances.

Intellectual Property Infringement is to be deemed “Willful” in nature.

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

Contacting Us

Please contact us by email:

info@handywise.com

Or by surface mail:

1515-30 Greenfield Ave., North York, Ontario, Canada. M2N 6N3