Conditions of Use
Last updated: August 1, 2019
Welcome to Handled.com. RevGroup Holdings, LLC and/or its affiliates (“Handled”) provide website features and other products and services to you when you visit at Handled.com, use Handled products or services, use Handled applications for mobile, or use software provided by Handled in connection with any of the foregoing (collectively, “Handled Services”). Handled provides the Handled Services subject to the following conditions.
By using Handled Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Handled Services, and sometimes additional terms may apply. When you use a Handled Service you also will be subject to the guidelines, terms and agreements applicable to that Handled Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use Handled Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Handled Services, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Handled Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Handled 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 Handled Service is the exclusive property of Handled and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Handled Service are trademarks or trade dress of Handled in the U.S. and other countries. Handled ‘s trademarks and trade dress may not be used in connection with any product or service that is not Handled ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Handled. All other trademarks not owned by Handled that appear in any Handled Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Handled.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Handled 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 Handled Services. This license does not include any resale or commercial use of any Handled Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Handled Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; 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 Handled or its licensors, suppliers, publishers, rightsholders, or other content providers. No Handled Service, nor any part of any Handled Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Handled. 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 Handled without express written consent. You may not use any meta tags or any other “hidden text” utilizing Handled ‘s name or trademarks without the express written consent of Handled. You may not misuse the Handled Services. You may use the Handled Services only as permitted by law. The licenses granted by Handled terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Handled account to use certain Handled Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Handled does not sell or provide services, including Handled Services, to or for children, but it sells or provides services, including Handled Services, to adults, who may purchase with a credit card or other permitted payment method. If you are under 18, you may use the services, including Handled Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their household. Handled reserves the right to refuse service, terminate accounts, terminate your rights to use services, including Handled Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, 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 (including publicity 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” or unsolicited commercial electronic messages. 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. Handled 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 Handled a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Handled 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 Handled for all claims resulting from content you supply. Handled has the right but not the obligation to monitor and edit or remove any activity or content. Handled takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Handled respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Infringement, below.
Handled does not warrant that services descriptions or other content of any Handled Service is accurate, complete, reliable, current, or error-free. If a service offered by Handled itself is not as described, your sole remedy is to contact us in writing.
When you use apps created by Handled, you may grant certain permissions to us for your device(s). Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Handled Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Handled Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Handled Software), technology, and services.
Parties other than Handled operate businesses, provide services or software, or may sell offerings through the Handled Services. In addition, we may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Handled. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Handled does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HANDLED SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HANDLED SERVICES ARE PROVIDED BY HANDLED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HANDLED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HANDLED SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HANDLED SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HANDLED SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, HANDLED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HANDLED DOES NOT WARRANT THAT THE HANDLED SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HANDLED SERVICES, HANDLED ‘S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HANDLED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HANDLED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HANDLED SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HANDLED SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Handled Service, or to any products or services sold or distributed by Handled or through handled.com will be resolved by binding arbitration, rather than in court.
By using any Handled Service, you agree that applicable federal law, and the laws of the state of MO, 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 Handled.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
4220 Duncan Ave
Saint Louis, MO 63110
ADDITIONAL HANDLED SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Handled Services (the “Handled Software”).
- Use of the Handled Software. You may use Handled Software solely for purposes of enabling you to use the Handled Services as provided by Handled, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Handled Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Handled Software in whole or in part. All software used in any Handled Service is the property of Handled or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Handled Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Handled Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Handled Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Handled Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Handled or third-party terms applicable to any portion of Handled Software, such as open-source license terms, such other terms will control as to that portion of the Handled Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Handled accepts service of subpoenas or other legal process only through Handled’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
RevGroup Holdings, LLC
Corporation Service Company
4220 Duncan Ave
Saint Louis, MO 63110
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your written complaint to:
4220 Duncan Ave
Saint Louis, MO 63110
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property;
- A description of the intellectual property 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 intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner’s behalf.