Terms and Conditions of Use
This document contains terms and conditions that govern your use of the Handle Website, handlesite.com (the “Website”). PLEASE READ THEM CAREFULLY BEFORE USING THIS WEBSITE.
These Terms and Conditions were last updated on January 29, 2020.
1. Scope of this Agreement
2. Binding Agreement
a. BY ACCESSING OR USING THIS Website IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. If YOU do not understand or agree to each of the terms, conditions and notices in this AGREEMENT, YOU SHOULD not access Or use this Website IN ANY MANNER.
b. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records. Handle recommends that You print a copy of the most current version of this Agreement for Your records.
3. Modification of Terms and Conditions
a. Handle may, at any time and in its sole discretion, modify, add or delete provisions in this Agreement. Such changes to this Agreement become binding on You upon reasonable notice to You. Notice is reasonable if (among other things) it is sent to the email address that Handle has on file for You, and it is Your responsibility to ensure that this email address is current.If You object to any such modifications, additions or deletions, Your only recourse is to terminate this Agreement and to stop any and all use of this Website. Your continued use of this Website following such modifications, additions or deletions shall constitute Your review and acceptance of and agreement to such modifications, additions or deletions.
b. Except as provided for in this Section 3, the provisions of this Agreement may not be modified, revised or amended, and none of its provisions waived, except in a written document executed by Handle.
4. Modification of Website
Handle may, at any time and in its sole discretion, modify, revise or otherwise change this Website (including without limitation adding or discontinuing any or all services or transactions offered through this Website), in whole or in part, without notice or liability to You.
5. Right to Use Website
a. You represent and warrant to Handle that You are at least 18 years of and that you possess the legal right and ability to enter into this Agreement, including without limitation that You have the authority to contractually bind the organization that You represent.
b. When You create an account with Handle, You represent that all requested information is accurate, complete and current. Failure to do so is grounds for termination of this Agreement and Your Handle account.
6. Use and Protection of Password and ID
a. To access and use certain areas and features of the Website, You will need to choose an account ID (which might be Your email address) and create a password for each of Your accounts. If You are asked to use an email address as Your account ID, You represent that You regularly use that email address, including checking for messages sent to that email address. Each user who uses such account ID and password will be deemed to be authorized to access and use this Website, and Handle has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS Website BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS Website IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.
b. You are solely responsible for protecting the security and confidentiality of the account ID and password. You will immediately notify Handle of any unauthorized use of the account ID or password in connection with the Website, or any other breach of threatened breach of the Website’s security of which You are reasonably aware.
a. Subject to the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use this Website only for (i) displaying this Website on Your Internet browser; and (ii) printing or copying portions of this Website. Your access and use of this Website is further limited to personal, internal and non-commercial purposes only.
b. Except as permitted in the limited license set forth in paragraph (a), above, You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Website (in whole or in part) or translate, modify, reverse‑engineer, disassemble, or decompile this Website.
c. You may not upload to, or distribute or otherwise publish through this Website any Content, information, or other material that (i) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
e. You may not upload to, distribute, or otherwise publish through this Website any Content, information, other material that violates or is otherwise inconsistent with Handle’s Community Guidelines, set forth in Section 18 below.
8. Availability and Use of Website
The availability of this Website depends on many factors, including some factors beyond Handle’s control, such as Your connection to the Internet and the Internet backbone. Handle has no lability to You if You cannot use this Website for any reason.
9. Termination; Effect of Termination
a. In addition to any other legal or equitable remedies, Handle may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by providing written notice to Handle at [email protected] .
b. Upon termination of this Agreement, You shall immediately cease all access to and use of this Website. Handle shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account ID(s) issued to You (and all users contemplated in Section 6) and deny Your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the date of termination. The provisions of Sections 7(b), 7(c), 7(d), 8, 9, 10, 14, 15, 19, 20 and 21 shall survive the termination of this Agreement.
10. Intellectual Property
a. You may not use any of Handle’s or any third party’s trademarks, service marks, trade dress, copyrights, trade secrets, patents, rights of publicity, goodwill, domain names or other intellectual-property right (“IP Rights”), as such rights may be inherent in any text, graphics, photographs, illustrations, images, video clips, audio clips, logos, taglines or domain names, except (in the case of those belonging to Handle) as specifically permitted by this Agreement, or (in the case of those belonging to third parties) with the permission of the third party. You are not otherwise granted any license to any IP Rights. To the extent that You use any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of Handle, such use and all goodwill associated therewith shall inure solely and exclusively to Handle’s benefit.
b. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Website.
c. If Handle receives multiple copyright complaints about Your activity on the Website, Handle may, depending on its assessment of the severity and strength of the copyright complaints, as well as any explanation and evidence provided by You, take action against You, including issuing a warning; temporarily suspending one or more of Your accounts; temporarily suspending Your access to the Website; terminating one or more of Your accounts; or permanently terminating all of Your accounts and permanently banning You from the Website.
11. Notice of and Procedure for Copyright Infringement
a. In accordance with the Digital Millennium Copyright Act (“DMCA”), Handle has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Website. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website or on sites linked to or from this Website, please send Handle’s Designated Agent a notification, using the contact information in sub-section (b), containing the following elements:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
ii. A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
iii. A description of where the material that You claim is/are infringing is/are located on this Website, including the URL, so that Handle can locate the material;
iv. Your address, telephone number and email address;
v. A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
vi. A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
b. Handle’s Designated Agent’s contact information is as follows:
P.O. Box 159219
Nashville, TN 37215
c. THE NOTIFICATION REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING HANDLE THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTIFICATIONS OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO HANDLE’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION.”
d. Handle reserves the right to restore content removed pursuant to a notification that requests its removal, even if it complies with this Section, provided Handle receives a counter notification that complies with this Section and provides the person requesting removal a copy of the counter notification and 10 days’ notice that the material will be restored, unless Handle first receives notice from the person requesting removal that that person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material that had been removed. A counter notification complies with this Section if it substantially contains the following elements:
i. A physical or electronic signature of the subscriber.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who requested the removal of the material or an agent of such person.
12. Links to Other Internet Sites
This Website may contain links to Internet sites owned, operated or maintained by third parties not under Handle’s control. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be Handle’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
a. Handle does not verify the identities of other Handle users. Therefore, Handle makes no warranty and provides no assurance that other Handle users are who they say or imply they are. Before interacting with other Handle users, particularly in financial transactions or other transactions dependent on the other Handle user’s identity, it is solely Your responsibility to verify the other Handle user’s identity.
b. Handle is not responsible for any interactions you may have with other Handle users on any social media platform or third-party site, or the accuracy of any information provided to Handle by any user.
c. Handle is not responsible for any badges, statuses or icons (e.g., blue checkmark) provided by other social media platforms. If Handle provides indicia of such social-media status in another Handle user’s page, that indicia is based solely on representations made by the social media platform in question or by the other Handle user. Handle does not independently verify the validity of such indicia or what those indicia stand for.
14. Warranty Disclaimer; Limitation of Liability
a. ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” and “AS AVAILABLE” BASIS. THIS WEBSITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. HANDLE DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. HANDLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HANDLE, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF HANDLE HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HANDLE’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HANDLE FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO HANDLE’S LIABILITY.
d. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HANDLE, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU AS A RESULT OF THE REMOVAL OF, OR FAILURE TO RESTORE, ANY CONTENT FROM THE WEBSITE, INCLUDING (BUT NOT LIMITED TO) CONTENT THAT YOU UPLOADED AND CONTENT REMOVED PURSUANT TO A NOTIFICATION THAT COMPLIES WITH SECTION 11 ABOVE.
You shall indemnify, defend and hold harmless Handle, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this Website, including without limitation claims arising out of information or content submitted to this Website by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. Handle reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Handle’s defense of such claims.
16. Relationship of the Parties
No joint venture, partnership, employment, or agency relationship exists between You and Handle as a result of this Agreement or any use of this Website. You shall not to hold Yourself out as a representative, agent, or employee of Handle, and Handle shall not be liable for any representation, act or omission by You to the contrary.
You may not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Handle’s successors, assigns and licensees.
18. Community Guidelines
You may not upload to, or distribute or otherwise publish through this Website any Content, information, or other material that, in Handle’s reasonable discretion:
a. Depicts or describes nudity of or sexually intimate information about a third party without the third party’s express permission.
b. Depicts or describes nudity of or sexually intimate information about anyone under the age of 18.
c. Offers a bounty or other reward in exchange for nude images of or sexually intimate information about third parties.
d. Encourages others to harass or annoy a third party.
e. Engages in a pattern of harassment against a third party.
f. Promotes violence against, verbally attacks or makes threats against third parties or identifiable groups of persons based on their race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
g. Displays imagery or symbols, or use names (e.g., display names, user names) that express hatred toward identifiable groups of persons based on their race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
h. Displays imagery or symbols, or use names (e.g., display names, user names) associated with or used by organizations that promote hatred toward identifiable groups of persons based on their race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
i. Impersonates a third party without the third party’s consent, in a manner intended or likely to cause confusion or deception among others. Obvious parodies and fan accounts are excepted.
j. Falsely suggests membership in or association with an organization.
k. Discloses the private information of third parties without the third party’s consent, including a third party’s home address, current physical location, identity documents (e.g., government issue identification information, social security numbers, national identity numbers), contact information (including non-public personal phone numbers and email addresses), financial account information (including bank account numbers and credit card details), biometric data, and medical information.
l. Threatening to disclose the information described in sub-section (k), or offering a bounty or other incentive to locate such information.
m. Displays or describes violence or gore in unnecessary and revolting detail.
n. Celebrates or glorifies (i) violent acts by civilians that resulted in death or serious bodily harm (e.g., murders and mass shootings), (ii) attacks by terrorists organizations or extremist groups (whether or not the attack resulted in death or serious bodily harm), or (iii) murderous events that targeted persons based on their race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
o. Threatens, encourages or solicits others, or seeks financial reward, to kill, physically harm, sexually assault or batter someone or group of persons.
p. Promotes or encourages a third party to engage in self-harm (including eating disorders) or commit suicide, including sharing methods or strategies for suicide.
q. Material obtained from a computer system to which you lacked authority or sufficient authority.
r. Is part of a financial scam.
19. Injunctive Relief; Remedies
a. You agree that Handle’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Handle shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Handle may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees.
b. All rights and remedies granted to Handle under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Handle at law or in equity.
20. Governing Law; Forum; Limit on Commencing Actions
a. This Agreement is governed by the laws of the State of Tennessee, without regard to the conflict of laws principles thereof.
b. You consent to the exclusive jurisdiction and venue of the state and U.S. courts sitting in Davidson County, Tennessee, in all disputes arising out of or relating to this Agreement or the use of this Website. Upon request, you shall consent to the transfer of any lawsuit brought elsewhere to a state or U.S. court (as appropriate) sitting in Davidson County, Tennessee, and any failure to so consent shall result in liability for any expenses incurred by Handle, including costs and reasonable attorney’s fees, to effectuate such transfer.
c. No claim or cause of actionagainst Handle relating or arising out of this Agreement or the use of this Website may be initiated more than one year after such claim or cause of action arises. Upon request, you shall dismiss any lawsuit, in whole or in part (as appropriate and necessary), that does not comply with this provision. Any failure to so dismiss shall result in liability for any expenses incurred by Handle, including costs and reasonable attorney’s fees, to effectuate such dismissal.
21. International Access
This Website can be accessed from countries other than the United States. This Website may contain Handle products or services, or references to Handle products or services, that are not available outside of the United States. Any such references do not imply that such Handle products or services will be made available outside the United States. If You access and use this Website outside the United States You are responsible for complying with Your local laws and regulations.