​​​HANDYGUY

Welcome to HandymanDesMoines.com. Handy Guy LLC and/or its affiliates ("Handy Guy") provide website features and other products and services to you when you visit or shop at HandymanDesMoines.com, use Handy Guy products or services, use Handy Guy applications for mobile, or use software provided by Handy Guy in connection with any of the foregoing (collectively, "Handy Guy Services"). Handy Guy provides the Handy Guy Services subject to the following conditions.

 

By using Handy Guy Services, you agree to these conditions. Please read them carefully.

 

We offer a range of Handy Guy Services, and sometimes additional terms and conditions may apply. When you use a Handy Guy Service  you also will be subject to the guidelines, terms and agreements applicable to that Handy Guy Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

​Purchasing an "estimated amount for service" total in Shopping Cart on HandymanDesMoines.com is the customer's confirmation that the estimated amount is acceptable for purposes of proceeding with a domestic appointment for additional Service Terms confirmation & acceptance, services to be completed, and billed at time & material plus sales tax and a customary Service Charge AND in no way implies a fixed price, bid or obligated price for any services represented in such Service Terms or on HandymanDesMoines.com. Customer acknowleges that by purchasing services on HandymanDesMoines.com he/she is only acknowledging authorization to charge a deposit, to proceed to book an appointment, host a domestic assessment by Handy Guy personnel, receive additional estimating (if any) and CONTRACT to further Service Terms as may be acceptable to the customer. Customer understands that by proceeding to a domestic appointment that the standard Service Charge is norefundable. The deposited amount will serve as security in escrow for any services performed on behalf and at the request of the customer, or any related charges therefrom. Handy Guy is authorized to charge against any such deposited funds no matter where they are held. Handy Guy maintains that estimated amounts on HandymanDesMoines.com are formulated from real work data held proprietary by Handy Guy and they may be reliable to the customer for the purpose of estimating but not guaranteeing the final cost of services subsequently performed.

 

PRIVACY

 

Please review our Privacy Policy, which also governs your use of Handy Guy Services, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

 

When you use any Handy Guy Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Handy Guy Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

 

All content included in or made available through any Handy Guy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Handy Guy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Handy Guy Service is the exclusive property of Handy Guy and protected by U.S. and international copyright laws.

 

TRADEMARKS

 

Handy Guy's trademarks and trade dress may not be used in connection with any product or service that is not Handy Guy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Handy Guy. All other trademarks not owned by Handy Guy that appear in any Handy Guy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Handy Guy.

 

PATENTS

 

Handy Guy does not currently own any patents.  However in the interim, Handy Guy does assert and record permanently on multiple internet archives that the use of ecommerce for a Contractor to offer estimates to a local customer base and thereby book appointments to refine the Services Terms and finally contract for home improvement is a new idea become invention. It is and has become the best mode contemplated by the inventor of carrying out his invention. Notwithstanding a positive discovery of the same invention via a patent search, Handy Guy stakes claim upon this virtual proceedural as well as provisional invention. Handy Guy claims that anyone replicating this idea become invention is in violation of Handy Guy's rights as creator of this invention and places the onus upon any counter claimant to prove otherwise, in absence of such, real value derived from copying this invention shall instantly and wholly transfer title to Handy Guy upon it's claim. Natural Patent exists 2/11/2014.

 

LICENSE AND ACCESS

 

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Handy Guy or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Handy Guy Services. This license does not include any resale or commercial use of any Handy Guy Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Handy Guy Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Handy Guy or its licensors, suppliers, publishers, rightsholders, or other content providers. No Handy Guy Service, nor any part of any Handy Guy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Handy Guy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Handy Guy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Handy Guy's name or trademarks without the express written consent of Handy Guy. You may not misuse the Handy Guy Services. You may use the Handy Guy Services only as permitted by law. The licenses granted by Handy Guy terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

 

If you use any Handy Guy Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Handy Guy does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Handy Guy Services only with involvement of a parent or guardian.  Handy Guy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Handy Guy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Handy Guy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Handy Guy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Handy Guy for all claims resulting from content you supply. Handy Guy has the right but not the obligation to monitor and edit or remove any activity or content. Handy Guy takes no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS

 

All services purchased from Handy Guy are made pursuant to a hiring agreement contract. This means that the risk of loss and title to value derived for such services pass to you upon purchase.

 

RETURNS, REFUNDS AND TITLE

 

Handy Guy does not refund for Service Terms fulfilled or Service Charges authorized. At our discretion, a refund may be issued.

Statutory Law requires Handy Guy make notice of the following: 

Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner. The mechanics' notice and lien registry provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property. If the person or company has posted its notice or lien to the mechanics' notice and lien registry, you may be required to pay the person or company even if you have paid the general contractor the full amount due. Therefore, check the mechanics' notice and lien registry internet website for information about the property including persons or companies furnishing labor or materials before paying your general contractor. In addition, when making payment to your general contractor, it is important to obtain lien waivers from your general contractor and from persons or companies registered as furnishing labor or materials to your property. The information in the mechanics' notice and lien registry is posted on the internet website of the mechanics' notice and lien registry.

 

PRODUCT DESCRIPTIONS

 

Handy Guy attempts to be as accurate as possible. However, Handy Guy does not warrant that product descriptions or other content of any Handy Guy Service is accurate, complete, reliable, current, or error-free. If a service offered by Handy Guy itself requires a duly noted, justifiable increase in cost to you, your sole remedy is to decline to contract for those services. Service Charges are nonrefundable after a domestic assessment (estimate) has been fulfilled.

 

PRICING

 

Except where noted otherwise, the Cart Price displayed for services on any Handy Guy Service represents the full price listed on the estimate itself, as estimated in accordance with standard industry practice; or the estimated value for a comparably featured service offered elsewhere. The Cart Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Similarly the Cart Price may not represent the Final Price invoiced at the completion of the service completed.

 

With respect to services sold by Handy Guy, we cannot confirm the price of a service until we perform the work. Despite our best efforts, a small number of the services in our catalog may be mispriced. If the correct price of a service sold by Handy Guy is higher than our stated price, we will, at our discretion, either contact you for instructions before visiting or cancel your order and notify you of such cancellation. 

 

HANDY GUY SOFTWARE TERMS

 

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Handy Guy Services (the "Handy Guy Software").

 

OTHER BUSINESSES

 

From time to time Handy Guy may use a subcontractor to fulfill certain aspects of services. Handy Guy will notify the customer prior to commencement of any services affected.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE HANDY GUY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HANDY GUY SERVICES ARE PROVIDED BY HANDY GUY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HANDY GUY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HANDY GUY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HANDY GUY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HANDY GUY SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HANDY GUY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HANDY GUY DOES NOT WARRANT THAT THE HANDY GUY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HANDY GUY SERVICES, HANDY GUY SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HANDY GUY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HANDY GUY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HANDY GUY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HANDY GUY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

DISPUTES

 

Any dispute or claim relating in any way to your use of any Handy Guy Service, or to any products or services sold or distributed by Handy Guy or through HandymanDesMoines.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Jeremy Olson, 5712 SE 25th ST, Des Moines, IA 50320. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Handy Guy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

 

By using any Handy Guy Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Iowa, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Handy Guy.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

 

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

 

Handy Guy, LLC.

5712 SE 25th ST

Des Moines, IA 50320-2745

http://www.handymandesmoines.com

How to Serve a Subpoena

 

If you have a subpoena to serve on Handy Guy, please note that Handy Guy does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Handy Guy, LLC, preferably by mailing the subpoena to Jeremy Olson, Handy Guy's registered agent. Please find our business entity summary at the State of Iowa Secretary of State's website.

 

Handy Guy, LLC.

Jeremy Olson

5712 SE 25th ST

Des Moines, IA 50320

Attn: Legal Department - Subpoena

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamp for AWS information.

 

Notice and Procedure for Making Claims of Copyright Infringement

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.

 

If you prefer to submit a report in writing, please provide us with this information:

 

A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Handy Guy's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

 

Copyright Agent

Handy Guy, LLC Legal Department

5712 SE 25th ST

Des Moines, IA 50320

phone: (515) 326-4596

fax: (515) 330-2809

e-mail: copyright@handymandesmoines.com

 

Please note that this procedure is exclusively for notifying Handy Guy that your copyrighted material has been infringed.

 

Additional Handy Guy Software Terms

 

 

Use of the Handy Guy Software. You may use Handy Guy Software solely for purposes of enabling you to use and enjoy the Handy Guy Services as provided by Handy Guy , and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Handy Guy Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Handy Guy Software or otherwise assign any rights to the Handy Guy Software in whole or in part. You may not use the Handy Guy Software for any illegal purpose. We may cease providing any Handy Guy Software and we may terminate your right to use any Handy Guy Software at any time. Your rights to use the Handy Guy Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Handy Guy Software that are specifically identified in related documentation may apply to that Handy Guy Software (or software incorporated with the Handy Guy Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Handy Guy Service is the property of Handy Guy or its software suppliers and protected by United States and international copyright laws.

Use of Third Party Services. When you use the Handy Guy Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Handy Guy Software, whether in whole or in part, or create any derivative works from or of the Handy Guy Software.

Updates. In order to keep the Handy Guy Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Export Regulations; Handy Guy provides no exportable services or products.