Terms and Conditions
Last update: August 20th, 2020
These terms and conditions ("terms", "conditions", ''terms and conditions'') govern your relationship with the website (the "service") operated by Kirby’s Handyman Service ("we", "us", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users and other persons accessing or using the Service. By accessing or using the Service, you agree to be bound by these terms and conditions and accept all legal consequences. If you do not accept these terms and conditions, in whole or in part, please do not use the Service.
The Service and all its content, including but not limited to text, images, graphics or codes are the property of Kirby’s Handyman Service and are protected by copyright, trademarks, databases and other intellectual property rights. You may display and copy, download or print portions of the material from the various areas of the Service solely for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These terms do not grant you a license to use any trademark of Kirby’s Handyman Service or its affiliates. You further agree not to use, modify or remove any proprietary notices from material downloaded from the service.
Links to other websites
The service may contain links to third-party websites or services that are not owned or controlled by Kirby’s Handyman Service.
Kirby’s Handyman Service has no control over the content, privacy policies or practices of third party websites or services and assumes no responsibility in this regard. You further acknowledge and agree that Kirby’s Handyman Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any content, goods or services available on or through these websites or services. You are strongly advised to read the terms and conditions and privacy policies of any third party website or service you visit.
You agree to indemnify, defend and release from all liability Kirby's Handyman Service, its mandators, administrators, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, against any claim, loss, damage, obligation, cost, action or demand.
These include, but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your violation of any of these Terms; and (c) anything you post or upload to the Service.
Limitation of Liability
Neither Kirby’s Handyman Service nor any of its administrators, employees, partners, agents, suppliers or affiliates shall be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive, including, without limitation, economic loss, loss or damage to electronic media or data, loss of customers or other intangible losses, resulting from (i) your access to or use of the Service, (ii) your inability to access or use the Service; (iii) any conduct or content of any third party on or in connection with the service; (iv) any content obtained on or through the service; and (v) unauthorized access to, use of, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal claim, whether or not we have been advised of the possibility of such damages, and even if any remedy provided herein is deemed to have failed in its essential purpose.
Disclaimer and Non-Waiver of Rights
Neither Kirby’s Handyman Service makes no warranties or representations regarding the website and related technology. All warranties, terms and conditions allegedly applicable are excluded to the fullest extent permitted by law. Your use of the service is at your own risk. The Service is provided "AS IS" and "AS AVAILABLE". The Service is provided without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or performance, except as provided by the laws of the states of the United-States. In such cases, state law shall apply to the extent necessary.
Neither Kirby’s Handyman Service, its subsidiaries, affiliates and licensors do not warrant that (a) the service will operate uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the service is free of viruses or other harmful components; or (d) the results of its use will conform to your requirements.
If you violate any of these terms and Neither Kirby’s Handyman Service chooses not to act immediately, or chooses not to act at all, Neither Kirby’s Handyman Service will still be entitled to all rights and remedies at any later date, or in any other situation, if you violate these terms. Neither Kirby’s Handyman Service does not waive any of its rights. Kirby’s Handyman Service is not responsible for any alleged violation of these terms and conditions caused by circumstances beyond its control. A person who is not a party to these terms and conditions has no right to enforce them. You may not assign, sub-license or otherwise transfer your rights under these terms and conditions.
As noted above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. The state laws of the United-States may apply to certain products and services provided.
These terms and conditions shall be governed by, and construed and enforced in accordance with, the laws of the state of Pennsylvania and the laws of United-States, as applicable.
If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these terms and conditions shall remain in full force and effect. These Terms constitute the entire agreement between us with respect to our Service, and supersede any prior oral or other agreements regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these terms and conditions at any time. If a revision is important, we will use reasonable efforts to provide at least 60 days notice of any new terms and conditions. What constitutes an important change will be determined in our sole discretion.
By continuing to access or use our Service after such revisions become effective, you agree to be bound by the revised Terms. If you do not accept the new terms, in whole or in part, please discontinue using the website and the service.
If you have any questions about this document, please contact us.