Terms of Use

Please read this document carefully.

Acceptance of Terms and Modifications to This Agreement

Pollard Cheal Enterprises, LLC dba Ship-Shape Handyman Services operates askthehandyman.net which provides a collection of online resources, including the Handyman Directory, forums and various email services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms of Use”). By using the Service in any way, you are agreeing to comply with the Terms of Use. In addition, when using particular askthehandyman.net Services, you agree to abide by any applicable posted guidelines for all askthehandyman.net Services, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Ship-Shape Handyman Services in any way, your only recourse is to immediately discontinue use of askthehandyman.net and Ship-Shape Handyman Services. Ship-Shape Handyman Services has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

Indemnity and Hold Harmless

User agrees that use of this Site is at User’s sole risk. You agree to indemnify and hold Ship-Shape Handyman Services, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Service; content you submit, post or make available through the Service; your violation of the Terms of Use; your breach of any of the representations and warranties herein; your violation of any rights of another; any handyman work that is performed for or by you. Neither askthehandyman.net, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, “Providers”), warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site.

No Representation of Quality or Suitability to a Purpose

Ship-Shape Handyman Services does not endorse and is not affiliated with users of the Service or with any particular handyman service listed or participating in the Handyman Directory or in the askthehandyman.net site and is not responsible for the work that they do. No representation regarding the quality of their work or their suitability to a purpose or an occasion is made or implied. The handymen/women in the Handyman Directory and on the askthehandyman.net site have not been pre-screened. In most areas of the country a handyman is not required to have a professional license to operate a handyman business and are not required to prove their ability to perform their services. It is your responsibility to choose a handyman carefully. In most cases there is no licensing authority that you can turn to if a dispute arises. Additionally, in most jurisdictions it is illegal for an unlicensed handyman to perform work over certain minimum dollar amounts without a contractors license and it is illegal to hire a handyman to do jobs for which a licensed contractor is required. Check with local authorities such as the building department or the state contractors licensing board for rules that apply in your area.

Protect Yourself when Hiring a Handyman

Handyman work is typically minor in nature and is best applied to minor repairs and installations. Hire a licensed contractor when required by law or for major repairs and installations when the minor work licensing exemption for your area will be exceeded. To help protect yourself, get multiple quotes and always ask for local references. Never pay more than a 10% deposit prior to work being started and withhold final payment until the work is completed to your satisfaction. Familiarize yourself with your local laws governing the work to be performed and acquire building permits when required.

Posting Questions or Requesting Estimates

Your contact information will be shared with local professionals in your zipcode area. We do not charge a fee for registered users to post Estimate Requests or Questions on our site. When your Request or Question is posted, directory advertisers that service the area described in your post will be notified so that they can choose to respond to your request.

Contact Us Requests

We do not charge a fee for registered users to send a Contact Us request to a handyman listed in our Handyman Directory. By clicking Contact Me you are granting your explicit permission for the selected company to make contact with you by phone and or by email.

Paid Directory Listings and Refund Policy

We may charge a subscription fee to post your business in the Handyman Directory and, in the case of the Premier Listing plan, for you to receive Contact Us requests entered into our Contact Us form. The fee is an access fee permitting Company contact information to be posted in a designated area. If you are a paid advertiser on askthehandyman.net you may cancel your paid subscription at any time and may request a full refund within the first 30 days of your subscription. After the first 30 days a pro-rated refund will be given based on the number of days remaining in your subscription from the date of your refund request. Each party posting Content to the Service is responsible for said Content and for compliance with the Terms of Use. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms of Use.

Notification of Any Changes to Fees

Ship-Shape Handyman Services reserves the right to increase or decrease the subscription or renewal fees that advertisers pay for participation in the directory. Fee increases, if any, are imposed upon renewal of a advertiser’s subscription. Fee changes will only take place after having notified in writing all affected advertisers 30 days prior to the effective date of the change.

Please Add Our Email Addresses to Your Address Book

Upon enrollment in our program please add our email addresses to your address book, designate our domain as a safe sender, add us to your ‘white list’ of email senders or do whatever is necessary on your system to receive our emails in a timely fashion.

Every Effort is Made to Protect Your Payment Related Information

Every effort is made to protect your payment related information. We utilize Paypal.com’s secure payment system as our payment gateway.

Content Policies

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Ship-Shape Handyman Services does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the askthehandyman.net site and Content available through the Service may contain links to other websites, which are completely independent of Ship-Shape Handyman Services. Ship-Shape Handyman Services makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Ship-Shape Handyman Services be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Ship-Shape Handyman Services does not pre-screen or approve Content, but that Ship-Shape Handyman Services shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

Third Party Content, Sites, and Services

The askthehandyman.net site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of askthehandyman.net, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Ship-Shape Handyman Services shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Ship-Shape Handyman Services is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Ship-Shape Handyman Services, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

RSS Feeds

Askthehandyman.net offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Ship-Shape Handyman Services permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘askthehandyman.net’ as the source, (d) your use or display does not suggest that Ship-Shape Handyman Services nor askthehandyman.net promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Ship-Shape Handyman Services systems. Ship-Shape Handyman Services reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Privacy and Information Disclosure

Ship-Shape Handyman Services has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: Privacy Policy Your use of the askthehandyman.net website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Ship-Shape Handyman Services may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Ship-Shape Handyman Services, askthehandyman.net users or the general public.

Your Conduct While on the Site

You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. g) that impersonates any person or entity, including, but not limited to, a Ship-Shape Handyman Services employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person’s explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the askthehandyman.net site which are not designated for such purposes; or emailed to askthehandyman.net users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. m) that includes links to commercial services or web sites; n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law; o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; s) “stalk” or otherwise harass anyone; t) collect personal data about other users for commercial or unlawful purposes; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Ship-Shape Handyman Services; v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; w) post the same item or service in more than one location; x) attempt to gain unauthorized access to Ship-Shape Handyman Services computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the askthehandyman.net website; or y) use any form of automated device or computer program that enables the submission of postings on askthehandyman.net without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings. z) use the rating tool to degrade the posts of competitors, or to suggest removal of posts without a good faith belief that the post being targeted violates these Terms of Use;

No Spam Policy

You understand and agree that sending unsolicited email advertisements to askthehandyman.net email addresses or through Ship-Shape Handyman Services computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Ship-Shape Handyman Services computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Termination of Service

You agree that Ship-Shape Handyman Services, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Ship-Shape Handyman Services believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Ship-Shape Handyman Services shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. The Sections entitled Modifications to this Agreement; Indemnity; Third Party Content, Sites, and Services; Privacy and Information Disclosure; Paid Directory Listings and Refund Policy; Termination of Service; Proprietary Rights; Disclaimer of Warrantees; Limitation of Liabilities shall survive termination of the Terms of Use.

Proprietary Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Ship-Shape Handyman Services. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Ship-Shape Handyman Services, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although Ship-Shape Handyman Services does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Ship-Shape Handyman Services an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Ship-Shape Handyman Services all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE ASKTHEHANDYMAN.NET SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE ASKTHEHANDYMAN.NET SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SHIP-SHAPE HANDYMAN SERVICES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ASKTHEHANDYMAN.NET SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SHIP-SHAPE HANDYMAN SERVICES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ASKTHEHANDYMAN.NET SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ASKTHEHANDYMAN.NET SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SHIP-SHAPE HANDYMAN SERVICES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ASKTHEHANDYMAN.NET SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SHIP-SHAPE HANDYMAN SERVICES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SHIP-SHAPE HANDYMAN SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ASKTHEHANDYMAN.NET SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ASKTHEHANDYMAN.NET SITE OR THE SERVICE, FROM INABILITY TO USE THE ASKTHEHANDYMAN.NET SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ASKTHEHANDYMAN.NET SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ASKTHEHANDYMAN.NET SITE OR THE SERVICE OR ANY LINKS ON THE ASKTHEHANDYMAN.NET SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ASKTHEHANDYMAN.NET SITE OR THE SERVICE OR ANY LINKS ON THE ASKTHEHANDYMAN.NET SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Updated: 01/15/2014