Terms of Use

TERMS OF USE NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ THEM CAREFULLY. ACCEPTANCE OF THESE TERMS This “Terms of Use Agreement” (“Terms”), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, govern your access to, use of, and participation in the Platform made available by Handshake, LLC or any of its subsidiaries, “Handshake,” “we,” “our,” or “us,” or through Handshake, LLC and the entirety of your relationship with Handshake, LLC. YOU UNDERSTAND AND AUTHORIZE HANDSHAKE TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE. PLEASE READ THE TERMS THOROUTHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein will refer to that entity, its directors, officers, employees and agents. MODIFICATIONS Handshake reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Handshake will notify you of changes by posting on the Handshake Terms of Use website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of : (a) modifications being posted on the Platform; (b) Handshake’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform. ADDITIONAL TERMS AND POLICIES Please review Handshake’s Privacy Policy, incorporated herein by reference, for information and notices concerning Handshake’s collection and use of your information. The provision and delivery of text messages by Handshake or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. The “Handshake Guarantee” is governed by the Handshake Guarantee Terms and Conditions, which are expressly incorporated herein. Please review the full set of key Handshake policies that govern your use of the Platform and our interactions with you and third parties. Certain areas of and/or products on the Platform may have a different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product. KEY TERMS “Collective Content” means User Content and Handshake Content together. “Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Providers requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform. “Consumer” means a User who is registered to search for Service Providers on the Handshake Platform, seeks provider services from Service Providers on the Platform, makes a booking with a Service Provider to purchase a provider service (or receives a quote in contemplation thereof), is registered for or undergoes a home specialist consultation or similar service with respect to their home, utilizes a Handshake plan to track maintenance on a home, or otherwise uses the Platform to, or agrees to these Terms in order to, receive, pay for, review, or facilitate the receipt of Provider Services. Because a Consumer may be, or may become, a customer of a Service Provider, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform. “Fee” means any amount charged by Handshake to a User in connection with the Platform. “Platform” means all Handshake websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through Handshake. “Privacy Policy” means the Handshake Privacy Policy located at https://handshakellc.com/privacy/, including any amendments, supplements or modifications thereto made from time to time. “Provider Services” means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Providers, or sought, scheduled, paid for, or received by Consumers, through the Platform. “Service Provider” means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Provider Services. Service Provider are often referred to as “pros” on the Handshake Platform. “Handshake Content” means all Content Handshake makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content. “User” means a person or entity who completes Handshake’s account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Handshake, including but not limited to Service Providers and Consumers. “User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Handshake Content and Feedback. ELIGIBILITY, SERVICE PROVIDER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements. By registering or using the Platform to offer, post, or provide Provider Services, Service Providers represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Provider Services and in relation to the specific job they are performing. Service Providers otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform. Handshake does not sell or otherwise provide Provider Services. Handshake may directly provide home project consultations and related on-Platform services to Consumers, but any Provider Services solicited as a result of any such consultations or on-Platform services are provided by an independent Service Provider without any representation or warranty from Handshake other than as expressly provided for herein. Handshake also facilitates Provider Service transactions which facilitation may include displaying a list of Service Providers profiles, allowing Consumers and Service Providers to send messages to each other, allowing for the booking of an appointment for the provision of Provider Services, assisting in the selection of a Service Provider for certain Consumers, and processing payment for certain Provider Services. Consumers understand that any such facilitation does not constitute a warranty in relation to the Provider Services. Service Providers understand and agree that using the Platform does not guarantee that anyone will engage them for Provider Services. Consumers understand that any Provider Services they solicit and/or pay for using the Platform are solicited directly from the Service Professional providing such Provider Services. and are not Handshake employees, contractors, consultants, joint venturers, partners, or agents. Service Providers acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Handshake does not control, and has no right to control, the services a Service Provider provides (including the details of how the Service Provider provides such services) if the Service Provider is engaged by a Consumer or any other person, except as specifically noted herein or on the Platform. Handshake, as permitted by applicable laws, obtains reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Provider’s account based on the results of such a report, without or without notice. As a Service Provider, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Handshake’s vendors. Service Providers agree to inform Handshake of any material criminal convictions that occur after any such reports are run. ACCOUNT REGISTRATION AND OTHER SUBMISSIONS Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-Protected account (“Account”). You may register for an Account using certain third-party account and log-in credentials (your “Third-Party Site Password”), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Handshake password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Handshake immediately of any unauthorized use. Handshake is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of Handshake or others due to any unauthorized use of your account related to your failure to comply with these Terms. Your account is nontransferable except with Handshake’s written permission and in accordance with Handshake policies and procedures. YOUR LICENSE TO USE THE PLATFORM Subject to your compliance with these Terms, Handshake grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Handshake or our licensors, except for the licenses and rights expressly granted in these terms. USER CONTENT We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by Handshake in public advertising. By making available any User Content on or through the Platform, you hereby grant to Handshake a worldwide, irrevocable, perpetual, non-exclusive transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Provider Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Handshake will survive termination of the Platform or your Account. Handshake does not claim ownership rights in your User Content and nothing these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses consents and releases that are necessary to grant to Handshake the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Handshake’s use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Handshake has no obligation to do so, you agree that Handshake may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. Handshake reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason. PROHIBITIONS As a User of the Platform, you may not: Use another person’s Account, misrepresent yourself or Provided Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform; Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Handshake’s prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Handshake reserves the right to revoke these exceptions either generally or in specific cases); Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site; Take any Action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Handshake or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed; Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Handshake for access to services provided by the Platform or by Service Providers; Notwithstanding anything to the contrary contained in these Terms, collect, harvest, publish, or “sell” any personal information (as that term is defined by the California Consumer Privacy Act and/or any similar law or regulation), including but not limited to information related to Users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes; Violate any applicable laws or regulations; Fail to comply with a User’s requests (including, those made on their behalf by Handshake( to no longer receive phone calls, text messages, e-mails or any other communications from you; Recruit, solicit, or contact in any form Service Providers or Consumers for employment or any other use not specifically intended by the Platform; Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law; Violate in any material respect any Handshake policies that govern your use of the Platform and our interactions with you and third-parties; Advertise or solicit a Provider Service not related to or appropriate for the Platform including, but not limited to any Provider Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Handshake; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Provider Service not reasonably available to a Consumer or other individual in that Consumer or individual’s location; Submit User Content that damages the experience of any User including but not limited to (a) requests to download non-Handshake mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Handshake, (b) offers to purchase a Provider Service or any other service outside of Handshake, or (c) using a profile page or User name to promote services not offered on or through the Platform; Take any action that may undermine the efficacy or accuracy of reviews or ratings systems; Fail to perform Provider Services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for Such Provider Services (including by refusing to pay); Seek to charge a Consumer for Provider Services when payment has already been made, or is scheduled to be made, through Handshake; Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Handshake; Sign up for, negotiate a price for, or otherwise solicit a Provider Service with no intention of following through with your use of or payment for the Provider Service; Agree to purchase a Provider Service when you do not meet a Service Provider’s requirements; Create more than one Consumer or Service Provider Handshake account without our written permission; Circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Consumer; Fail to comply with any applicable laws or regulations related to your use of the Platform; Share a Handshake Service Provider subscription with other non-subscribing persons or entities; Seek to circumvent the terms of, or abuse, your Handshake subscription; Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and Attempt to indirectly undertake any of the foregoing. HANDSHAKE FEES AND TAXES In connection with the use of Handshake’s Platform, Thumbtack charges Fees to Service Providers. Service Providers can pay Fees to Handshake in order to receive certain Consumer information on the Platform including but not limited to receiving contacts, bookings or payments from Consumers or other individuals. As a Service Provider, you will be asked to pay a Fee when those Consumers or other individuals contact you or make a booking with you concerning a Provider Service that matches the specific Provider Service and zip code(s) you have identified in your Service Provider Profile on the Platform. Handshake may also charge other Fees that you have previously agreed to (for example, cancelation fees). In order to use Handshake, you must have at least one valid payment method stored on file. By using the Handshake Platform, you authorize Handshake to charge our standard $25.00 (twenty-five dollar) Service Provider Fee. However, all Fees charged by Handshake are refundable according to the terms of our Refund Policy. Default Payment Method. For ordinary charges from Service Providers, Handshake will first attempt to charge the default payment method utilizing the debit or credit card on file and provided by the Service Provider. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Provider Services. If Handshake is unable to charge the default payment method, Handshake may attempt to charge any other payment methods associated with your Account in any order. In the event Handshake is unable to receive payment when due, you give us authority to suspend your use of the Platform until such time as all payments in arrears are paid up-to-date. Penalty Fees for All Users. Handshake may also charge penalty Fees for fraud, misconduct, late payment or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the help center. In addition, Handshake may charge certain penalty Fees disclosed directly in the Platform, including cancellation Fees. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Handshake cannot charge a payment method for any reason, Handshake reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonably attorneys’ fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Handshake or by anyone on our behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on your Account, you agree that Handshake may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees. Taxes. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require jus to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Provider Services, and will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Provider Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Handshake can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Handshake when Handshake includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determine your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Providers or Consumers. TRACKING COMMUNICATIONS In order to ensure appropriate charging of Fees and compliance with these Terms, Handshake may track the occurrence of communications between Consumers and Service Providers that occur off of the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Service Provider. In order to track the occurrence of such communications, Handshake may obscure Service Provider contact information in a Service Provider profile, replace Service Provider contact information in a Service Provider profile with a different piece of contact information that will forward to the Service Provider, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Handshake Platform unless we first obtain your permission. If you send text messages with a Consumer or Service Provider using the telephone number for that User available on the Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Handshake and our service provider will receive in real time and store date about your text message, including the date and time of the text message, your phone number, and the content of the text message. NO GUARANTEE Notwithstanding any facilitation of booking or payment, you understand and agree that Handshake (i) does not sell, offer, provide or subcontract any Provider Service and (ii) is not liable in any way for any Provider Service, except to the extent expressly set forth in the Handshake Guarantee which guarantee is provided in connection with Handshake’s role as a marketplace only, not in a role of provider of Provider Services. Each Service Provider understands and agrees that they are obligated to perform the Provider Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract. DISPUTES BETWEEN OR AMONG USERS Handshake values our Service Providers and Consumers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Handshake’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Handshake or a neutral third-party mediator or arbitrator selected by Handshake. Notwithstanding the foregoing, you acknowledge and agree that Handshake is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party. INTELLECTUAL PROPERTY RIGHTS Handshake Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Handshake and our licensors exclusively own all right, title, and interest in and to the Platform and Handshake Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Handshake used herein are trademarks or registered trademarks of Handshake. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners. FEEDBACK By sending us any feedback, comments, questions, or suggestions concerning Handshake or our services, including our Platform (collectively, “Feedback”), you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or parties. By sending us any Feedback, you further agree that (i) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Handshake and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform. COPYRIGHT POLICY We expect Users to respect copyright law. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing on the rights of copyright holders. Please see our Copyright & DMCA Policy for more information. NO ENDORSEMENT OR WARRANTY Handshake does not endorse, warrant or make any representation (except those expressly and unambiguously made by Handshake directly on the Platform) concerning any User, or any Provider Service, and Handshake is not a party to any agreements between or among Users or third parties. Handshake does not perform Provider Services and disclaims all liability with respect thereto except to the extent expressly set forth in the Handshake Guarantee. No agency, partnership, joint venture, or employment is created as a result of the Terms or any User’s use of any part of the Platform, including but not limited to any scheduling or other services. Neither Handshake nor any Users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although Handshake may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific Handshake services they are using or any involvement by Handshake personnel in providing or scheduling those services. Handshake may provide tips, lists, suggestions or similar content (collectively, “home Care Tips”) concerning popular home maintenance or improvement projects. Following Home Care Tips may help mitigate common home maintenance and safety issues, but Home Care Tips are not comprehensive, nor are they tailored to any User’s specific home. Any advice given in connection with Home Care Tips is provided based on generalized, public knowledge concerning home maintenance and safety and is not provided by experts. Home Care Tips should be considered only in conjunction with the advice of licensed experts and should never be construed as comprehensive. Handshake disclaims any warranties or representations with respect to Home Care Tips. Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or “badged,” “vetted,” “top rated,” “best of,” “top,” “background checked” (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards, and does not represent anything else. Handshake does not background every Service Provider that may provide Provider Services. Any such description is not an endorsement, certification or guarantee by Handshake and is not verification of a Service Provider’s identity and whether they or their Provider Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for the Consumer to evaluate when you make your own decisions about the identity and suitability of others whom you may contact or interact with via the Platform. The Consumer should always exercise due diligence and care when deciding whether to have any interaction with any other User. Handshake offers a non-exhaustive list of safety tips to consider when hiring a Service Provider. Except as specifically described in the Handshake Guarantee and including its exclusions and limitations, Handshake has no responsibility for any damage or harm resulting from your interactions with other Users. The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Handshake. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against those particular Users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Handshake with respect to such actions or omissions. ACCOUNT SUSPENSION OR TERMINATION We may, in our sole discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Handshake Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with, or without, prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Handshake support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Provider Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the “Settings” link in your profile, clicking “Account,” and clicking “Deactivate Account.” Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but limited, to any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding date deletion requests following Account termination. ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Handshake agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between you and Handshake, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Handshake, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with Handshake as follows: Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Handshake’s support department at support@handshakellc.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Handshake support department, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration. Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Platform will be finally settled by binding arbitration, as described below. Where the relief sought by you is $10,000.00 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable arbitration rules and procedures effective at the time a claim is made. Currently, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. Where the relief sought is $10,001.00 or more, resolution will be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000.00 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000.00 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To initiate an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Handshake, LLC at 582 Palm Drive, Unit 2, Glendale, California 91202. You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Handshake will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Whether you are a resident of the United States or another country, arbitration will take place in Los Angeles County, California, or virtually. You and Handshake further agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Class Action Waiver: The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND HANDSHAKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes. Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect your or our intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but no privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. 30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Handshake) written notice of your decision to opt out to optout@handshakellc.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Platform; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Handshake also will not be bound by them. Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform. Survival: This Arbitration and Class Action Waiver section will survive any termination of your Account or the Platform. Third-Party Beneficiary: You and Handshake acknowledge that any third party consumer reporting agency that Handshake uses to perform background checks on Service Providers is an express and intended third-party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Handshake will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason then this subsection will be severed from the section entitled” Arbitration and Class Action Waiver,” and the remainder of the section will remain enforceable meaning that the class action waiver and the mutual obligation to resolve disputes between you and Handshake through binding arbitration remains enforceable. GOVERNING LAW The Terms and the relationship between you and Handshake will be governed in all respects by the laws of the state of California, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Handshake that is not subject to arbitration must be resolved by a court located in Los Angeles County, California, or a United State District Court, Southern District of California, located in Los Angeles, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, or the United States District Court, Southern District of California located in Los Angeles, California, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PROVIDER SERVICES OR REQUESTING OR RECEIVING PROVIDER SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHYER USERS OF HANDSHAKE OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER HANDSHAKE NOR ANY OTHER PARTY INVOLVED IN CREATNG, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HANDSHAKE HAS BEEN INFORMED OF THE POSSIBLITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ONCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PROVIDER SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE LATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PROVIDER SERVICES OR REQUESTING OR ERECEIVING PROVIDER SERVICES THROUGH THE PLATFORM. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF HANDSHAKE AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PROVIDER SERVICES, AND/OR COLLECTGIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PROVIDER SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO HANDSHAKE BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS. INDEMNIFICATION AND RELEASE You agree to release, defend, indemnify, and hold Handshake and our affiliates and subsidiaries, and respective officers, directors, employees, members and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any User; and (d) the request or receipt or offer or provision of Provider Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Provider Services. Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Handshake and our affiliates and subsidiaries, and respective officers, directors, employees, members and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms or your use of the Platform. GENERAL Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Handshake on the Platform, will constitute the entire agreement between you and Handshake concerning the Platform or Provider Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect. Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term, and Handshake’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Customers Service Providers Support How to use Handshake Sign up (free) Help Sign up (free) Service Provider reviews Terms of Use Get the Mobile App (iPhone) Get the Mobile App (iPhone) Privacy Policy Get the Mobile App (Android) Get the Mobile App (Android) Disputes/Complaints Post a review Setting up your profile Questions & Answers Suggestions/comments Refund procedures Suggestions/comments Copyright 2024 Handshake, LLC