Welcome to HandyCanadian.com, a division of Handy Canadian Inc. This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before submitting a registration form or using the HandyCanadian.com web site (the "Site"). It is a condition of registration and use that you agree and are subject to these terms.

1. General Disclaimer
In using HandyCanadian.com's service, you acknowledge that HandyCanadian.com is not acting as your general contractor, agent, or advisor. Therefore, it is your sole responsibility to select a contractor and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the contractor's and your own insurance coverage requirements. HandyCanadian.com does not recommend or endorse any specific service provider, provide advice on which service provider to select, or screen any individual service provider's personal credit or legal standing.

We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that either are capable or willing to complete your service needs. We make no guarantees or representations regarding the application or installation skills of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Your rights under contracts you make with service professionals typically are governed by your province and local laws. Should you have a dispute with any service professional, you must address such dispute to the service professional directly, and you hereby agree to release HandyCanadian.com (and our employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier who may employ the HandyCanadian.com matching utility) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals.

HandyCanadian.com relies on electronic data provided by third parties and on statements made by service providers and their references to determine which service providers to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a service provider's record may have occurred which were not captured by the third party data sources used. HandyCanadian.com does not guarantee that any service provider has licensing or insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the service provider may cancel the insurance without HandyCanadian.com's knowledge. Unless otherwise specifically stated, HandyCanadian.com does not endorse any product or service described in, offered on, or linked to HandyCanadian.com's websites.

2. Acceptance of terms
The Site is owned by Handy Canadian Inc. HandyCanadian.com makes available through the Site information, documents, images, products, software and various services (collectively, the "Services"), subject to the following Terms and Conditions (the "Terms of Use"). By using this Site, including access to the Services, you agree to these Terms of Use. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any materials downloaded or printed from the Site and cease any further use of the Services.

3. Registration responsibilities
Access to and use of the Services are only available to individuals who have registered. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

HandyCanadian.com is concerned about the safety and privacy of all its users, particularly children. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under the age of eighteen (18) or to anyone who may not legally work within Canada. Any misstatements and/or misrepresentations regarding the age, background, experience and/or eligibility for employment in the jurisdiction of the Canada of any Contractor or any other users of this Site are not the responsibility of HandyCanadian.com. HandyCanadian.com may monitor Homeowner, Business Owner and Contractor profiles, actions, comments, and general usage of the Site and reserves the right to remove any Homeowner, Business Owner or Contractor not adhering to the Terms of Use.

4. Password and security
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify HandyCanadian.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HandyCanadian.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
HandyCanadian.com grants you a personal, non-transferable and non-exclusive right and license to use the Services by providing the user a user name and password to a single person. You agree not to provide any other individual access to HandyCanadian.com via your login information.

5. Registrant Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HandyCanadian.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. HandyCanadian.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HandyCanadian.com be liable in any way for any Content provided by users of the Site, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

You may not use this Site in any manner to create, upload, post, or otherwise transmit any material or information which: (I) is libelous, obscene, violent, scandalous, discriminatory or defamatory, (ii) contains viruses or other contaminating or destructive features, (iii) violates the personal, proprietary, or intellectual property rights of any third party, or (iv) in any other manner contravenes applicable statutes, laws, rules, orders, regulations, bylaws or other legal requirements.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

6. Indemnity
You agree to indemnify and hold HandyCanadian.com, and its affiliates, officers, agents, or other partners, and employees, harmless from any liability, claim or demand, including reasonable legal fees, due to or arising out of: Content you submit, post, transmit or make available through the Service; your violation of the Terms of Use; your conduct or misconduct in dealings with other users of the Site or the Services; or your violation of any rights of another.

7. Modifications to service
HandyCanadian.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HandyCanadian.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Termination of account
You agree that HandyCanadian.com, in its sole discretion, may at any time terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, at the end of your subscription period or if HandyCanadian.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. HandyCanadian.com may also in its sole discretion and at any time discontinue providing the Service. The limitations and disclaimers of warranties, and the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive any such termination.

9. Dealings with advertisers
Your dealings with advertisers found on or through the Site, are solely between you and such advertiser. You agree that HandyCanadian.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

10. Links
This Site contains links to third-party Web sites that are not under the control of HandyCanadian.com. HandyCanadian.com makes no representations whatsoever about any other Web site to which you may have access through this Site. HandyCanadian.com provides these links merely as a convenience and the inclusion of such links does not imply that HandyCanadian.com endorses or accepts any responsibility for the content or uses of such Web sites.

11. HandyCanadian.com's proprietary rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HandyCanadian.com or advertisers, you agree not to decompile, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part or otherwise attempt to discover the source code of any of the software available on or through the Site. Except as otherwise indicated elsewhere on this Site, you may view, download, modify and print the materials available on the Site provided that: your registration is in good standing and you are in compliance with these Terms of use; you may not remove any copyright, trademark or other proprietary notices contained in the materials; and the rights granted to you constitute a limited license and not a transfer of title.

12. Disclaimer of warranties, representations and conditions
This Site acts as a venue, among other things, for Homeowners and Business Owners to post job opportunities, Homeowners and Business Owners to search and review Contractor profiles, and for Contractors to review Homeowners and Business Owners profiles and jobs.

HandyCanadian.com does not screen or censor the profiles offered. As a result, HandyCanadian.com has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Homeowners and Business Owners to offer job opportunities to Contractors or the ability of Contractors to fill job openings. Accordingly, there will be no refunds of fees paid to HandyCanadian.com for use of the service.

In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Site.

Because user authentication on the Internet is difficult, HandyCanadian.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release HandyCanadian.com (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

While reasonable effort is made to ensure that all information, data, software and materials provided at the Site does not contain computer viruses, HandyCanadian.com does not warrant that the Site and its server(s) are free of computer viruses and other harmful material and you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.

HandyCanadian.com does not control the posting of all the materials included in the Services, nor will it verify the timeliness or content of such materials. HandyCanadian.com will not be liable in any amount for failure to perform if such failure is caused by the occurrence of cause beyond the reasonable control of HandyCanadian.com including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.

13. Registration And Subscription
Although Homeowners and Business Owners may register as a Member of the Service for free, Contractors who wish to use the Service to initiate most communication with other members and use certain other parts of the Service, Contractors must become a subscriber and pay the fees that are set out in Our price list. This price list is part of this Agreement And We reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form, and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Information as accurate, current and complete. You acknowledge that if Your Registration Information is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees.

14. Feedback, Ratings, Reviews, Rebuttals and Testimonials
Additionally, we collect feedback from users (called ratings and reviews) about the performance of Service Professionals (Contractors) who work for them. We also collect general feedback and testimonials from users of our service and system. By providing such feedback to us, you consent to our use, publication and/or distribution of such feedback at no compensation to you, and if you are a Service Professional in our system, you acknowledge that all such ratings and reviews are solely owned by HandyCanadian.com, and you consent to the publication of ratings and reviews about you and your business.

The contributor hereby acknowledge and warrant that all of the information contained in any Feedback, Ratings, Reviews, Rebuttals and Testimonials submitted will be factually accurate.

Once a Feedback, Rating, Review, Rebuttal and/or Testimonial is submitted to HandyCanadian.com for publication, it becomes the property of HandyCanadian.com and contributor and contractor agree to assign or will assign all rights, title and interest in the content of a Review to HandyCanadian.com.

In so far as the content of a Feedback, Rating, Review, Rebuttal and/or Testimonial has not yet been assigned to HandyCanadian.com, you hereby warrant that you are able to and grant to HandyCanadian.com a royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license to use, reproduce, modify, adapt, publish, translate and distribute and / or incorporate into other works in any form, media or technology now known or hereafter developed any copyrights, trade-mark rights or other proprietary rights in the content that are not owned by you.

Feedback, Rating, Review, Rebuttal and/or Testimonial represent the opinion of the contributor. If HandyCanadian.com finds that a contributor has submitted a false or misleading Feedback, Rating, Review, Rebuttal and/or Testimonial, HandyCanadian.com reserves the right to delete the Feedback, Rating, Review, Rebuttal and/or Testimonial and reject subsequent submissions from that contributor. HandyCanadian.com does not take responsibility for the accuracy or completeness of Feedback, Rating, Review, Rebuttal and/or Testimonial. It is the responsibility of the Site's users to evaluate the accuracy, completeness and / or usefulness of any information, opinion, advice or other content found on the Site.

HandyCanadian.com reserves the right to monitor Feedback, Ratings, Reviews, Rebuttals and/or Testimonials and edit submissions by contributors to ensure compliance with these Terms of Use and any applicable laws. HandyCanadian.com further reserves the right to paraphrase or otherwise edit Feedback, Ratings, Reviews, Rebuttals and/or Testimonials.

Material and content published in a Feedback, Rating, Review, Rebuttal and/or Testimonial on the Site are the sole responsibility of the contributor. This means that a contributor, and not HandyCanadian.com, is entirely responsible for all material and content submitted to HandyCanadian.com and which may be contained in a Feedback, Rating, Review, Rebuttal and/or Testimonial.

HandyCanadian.com reserves the right to deny requests to remove any Feedback, Ratings, Reviews, Rebuttals and/or Testimonials from the site including members profile information.

Under no circumstances will HandyCanadian.com be liable in any way for any material and content, including but not limited to, any errors or omissions in any material and content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon the material and content published in a Feedback, Rating, Review, Rebuttal and/or Testimonial.

15. Term and Termination
This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel membership page located at handycanadian.com/members_settings_membership_suspend.asp, or upon receipt by HandyCanadian.com of Your written or email notice of termination. Either You or HandyCanadian.com may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination by HandyCanadian.com without cause, You shall not be entitled to nor shall We be liable to You for any refund of any unused portion of any subscription payments the We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.

16. Warranties and disclaimers
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HandyCanadian.com MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.

IN NO EVENT SHALL HandyCanadian.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO THE SITE.

17. Governing Law and jurisdiction
This Site is controlled by Handy Canadian Inc. from its offices within the province of Ontario, Canada. By accessing this Site, you and Handy Canadian Inc. agree that the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and Handy Canadian Inc. also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Ontario with respect to such matters.