TERMS AND CONDITIONS OF USE
FSBOHANDSHAKE.COM (the “Site”) and the fsboHandshake APP (the “App”) are owned and maintained by HANDSHAKE LLC (“Handshake”) as a service to its customers. Together, the Site and App are referred to herein as the “Service.” By clicking “I agree”, “I accept”, “sign up”, “Register”, or some similar button within the Service, or by utilizing the Service in any manner, you agree to comply with and be bound by the following terms and conditions of use. THIS IS A LEGAL AGREEMENT TO WHICH YOU ARE AGREEING TO BE BOUND AND AFFECTS YOUR LEGAL RIGHTS. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Service. As used herein, “you” shall mean the individual person using the Service and the principal for whom such person is using the Service, if applicable, whether such Principal is an individual, group of individuals, trust, estate, corporate entity, or other legal entity of any kind.
1. Agreement. These Terms of Service ("the "Agreement") specify the terms and conditions for access to and use of the Service. This Agreement may be modified at any time by Handshake upon posting of the modified Agreement to the Site and App. Any such modifications shall be effective immediately upon such posting. You can view the most recent version of these terms at any time at fsbohandshake.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. No Commercial Use. The Service is intended for your personal use only. As an example and without limiting the generality of the foregoing, personal use would include advertising a residential property that you own and in which you live, for sale, or searching for a residential property to purchase for your personal ownership and use; conversely, an example of use of the Service that is not personal, and not permitted, would be advertising a property for sale that you do not own, but will receive compensation of any kind in exchange for your efforts in advertising and/or assisting with such sale. At no time shall you use the Service, or any aspect thereof, for a commercial enterprise for your benefit or for the benefit of any third party.
You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity, solicit funds, advertise, or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Service, in whole or in part.
4. Ownership and Proprietary Information. All content included on within the Service is considered the copyrighted and trademarked intellectual property of Handshake or its content suppliers. Further, such shall continue to be the property of Handshake or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Service is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Service.
5. Intended Audience. The Service is intended only for adults that have reached the age of majority in each of the relevant jurisdictions. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER YOUR AGE IS SUFFICIENT TO LEGALLY ENTER INTO BINDING CONTRACTS FOR THE PURCHASE AND/OR SALE OF REAL PROPERTY IN ALL APPLICABLE JURISDICTIONS. YOU EXPRESSLY AGREE THAT THE SERVICE AND HANDSHAKE HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH REGARD TO DETERMINING WHETHER YOUR AGE IS SUFFICIENT FOR THESE PURPOSES. Notwithstanding the foregoing, this Service is intended only for adults aged 18 years or older. Individuals under the age of 18 year must not use the Service or any part thereof.
6. Trademarks. All company logos and the fsboHandshake trademarks and others are either trademarks or registered trademarks of Handshake. Other product and company names mentioned within the Service may be trademarks of their respective owners.
7. Service Use. Handshake grants you a limited, revocable, nonexclusive license to use this Service solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Service, reverse engineer or break into the Service, or use materials, products or services in violation of any law. The use of this Service is at the discretion of Handshake and Handshake may terminate your use of this Service at any time.
8. Submissions. You hereby agree: (i) that you represent and warrant that you own or otherwise have all necessary right and authority to submit content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Handshake through the Service (each, a "Submission"); (ii) that you represent and warrant that you will, and have all necessary right and authority to, grant Handshake a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed; (iii) that all Submissions are true and accurate in all respects, comply with this Agreement, and are not misleading in any manner, including but not limited to your identity or information regarding real property; and (iv) that no Submission will cause any loss, damage, or other injury to any person or entity. You agree that Handshake will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
9. Communication Within the Service. The Service may contain forums, bulletin boards, chat areas, message boards, news feeds, news groups, communities, calendars, email, and/or other message or communication facilities designed to allow you to communicate with Handshake, other users of the Service, or third parties (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Service, or cause to be posted, sent, submitted, published, or transmitted, any material that:
a) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws or by rights of privacy or publicity;
b) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
c) is vulgar, obscene, pornographic, incendiary, or indecent;
d) threatens or abuses others;
e) is libelous or defamatory toward others;
f) is racist, abusive, harassing, threatening, or offensive;
g) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
h) harvests or otherwise collects information about others, including email addresses, financial information, or other personally identifiable information, without their prior express consent in each instance;
i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of the content;
j) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g. copyright, trademark, or patent notices);
k) advertises any commercial endeavor or otherwise engages in any commercial activity (e.g. conducting raffles or contests, displaying sponsorship banners, and/or solicits goods or services) except as may be specifically authorized within the Service;
l) solicits funds, advertisers, or sponsors for any purpose;
m) includes programs that contain viruses, wroms, and/or trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
n) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
o) disobeys any policy or regulations including any code of conduct or other guideline(s) established from time to time regarding the use of the Service and/or any networks connected to the Service; or
p) contains hyperlinks to other sites that contain content that falls with the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Handshake nor any third party that provides content to Handshake will assume or have any liability for any action made by Handshake or such third party with respect to any submission.
You acknowledge that Handshake may or may not pre-screen materials uploaded to the Communication Service, yet the Service and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any content that violates this Agreement or is otherwise objectionable as determined by Handshake in its sole discretion.
Handshake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that Handshake will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, HANDSHAKE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
10. Hyperlinking. The Service may be hyperlinked to and by other websites which are not maintained by, or related to, Handshake. Hyperlinks to such sites are provided as a service to you and are not sponsored by, endorsed or otherwise affiliated with the Service or Handshake. Handshake has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Handshake Site or App to another web page should be accessed at the your own risk. Handshake makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via the Service.
11. No Realty Service. Handshake and the Service offer advertising and form-filling services. Neither Handshake nor the Service are, or are intended to be, a real estate broker/agent. Should you engage the services of a realtor, the terms of such engagement are unrelated to, and do not affect, impact, or modify the terms of this
Agreement in any way. Handshake has no knowledge of any such engagement and does not endorse or recommend any real estate broker/agent. You expressly acknowledge and agree that neither the Service nor Handshake is providing, has provided, or will provide you with any legal and/or real estate advice of any kind, nor will you attempt to rely on any aspect of the Service as legal and/or real estate advice. HANDSHAKE STRONGLY ADVISES THAT YOU ENGAGE THE SERVICES OF A QUALIFIED ATTORNEY PRIOR TO ENTERING INTO ANY CONTRACT.
12. Refunds. REFUNDS MAY BE GRANTED SOLELY AT HANDSHAKE’S SOLE DISCRETION.
14. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Service. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
16. Disclaimer. You agree that Handshake and the Service cannot and do not guarantee or warrant that the files available for downloading from the Service will be free of viruses, worms, trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Service. Handshake further disclaims that any contract or agreement entered into by you and a third party by or through the Service will be legally binding in whole or in part.
THE INFORMATION WITHIN OR RELATED TO THE SERVICE, WHETHER PROVIDED BY HANDSHAKE, A USER OF HANDSHAKE, OR A THIRD PARTY PROVIDER, ADVERTISER, OR OTHER PARTY, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SERVICE AND RELIANCE ON ANY SUCH INFORMATION IS AT YOUR SOLE RISK. HANDSHAKE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HANDSHAKE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED WITHIN THE SERVICE OR OTHERWISE PROVIDED BY HANDSHAKE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HANDSHAKE DOES NOT MAKE ANY WARRANTY OR ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY PART OF THE SERVICE OR OTHER SERVICES PROVIDED BY HANDHSAKE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HANDSHAKE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SERVICE, AND A REFUND, IF APPLICABLE AND IN ACCORDANCE WITH THE TERMS HEREOF.
17. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL HANDSHAKE OR ITS DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARY(IES), AFFILIATES, CONTENT PROVIDERS, AGENTS, OR OFFICERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICE, YOUR USE OF THE SERVICE, OR THE CONTENT ASSOCIATED THEREWITH, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE AND/OR CONTENT ASSOCIATED THEREWITH IS TO CEASE ALL OF YOUR USE OF THE SERVICE AND OBTAIN A REFUND IF SO PERMITTED HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY FOR HANDSHAKE ARISING UNDER THIS AGREEMENT AND YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) $100 UNITED STATES DOLLARS OR (ii) THE AMOUNT YOU HAVE PAID TO HANDSHAKE FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE (1) YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
19. Security. Any password used for the Service are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Handshake may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Handshake reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Handshake reserves the right to investigate suspected violations of this Agreement. Handshake reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Handshake to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD HANDSHAKE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HANDSHAKE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HANDSHAKE OR LAW ENFORCEMENT AUTHORITIES.
20. Recording and Monitoring Communications. Any communications between you and Handshake, whether by email, phone, or other form, may be recorded or monitored, and your engagement of communication with Handshake shall serve as your consent thereto.
21. Applicable Law. If there is any dispute about or involving this Agreement and/or the Service, you agree that any dispute shall be governed by the laws of the State of Wyoming, without regard to conflicts of laws provisions. You specifically and expressly consent to personal and exclusive jurisdiction by and venue in the State and Federal Courts of Laramie County, Wyoming in connection with any dispute between you and Handshake arising out of or involving this Agreement and/or the Service.
22. Assignment. Handshake may assign this agreement at any time, with or without notice to you. You may not assign this Agreement without the prior written consent of Handshake, which consent may be withheld in Handshake’s sole discretion.
23. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
24. Waiver. The failure of Handshake to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Handshake must be in writing and signed by an authorized representative of Handshake.
25. Termination. Handshake may terminate this Agreement at any time, with or without notice, for any reason. Further, Handshake reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.
26. Relationship of the Parties. Nothing contained in this Agreement or your use of the Service shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
28. Contact Information.
c/o Innovation Co-Lab
650 SW Columbia St.
Bend, OR 97702
support at fsbohandshake.com