End User License Agreement
NOTICE: The Pocket Handyman mobile application provides users with access to experts in the construction, plumbing, electrical, carpentry, masonry, and other professional trades, none of whom are employees, agents, partners, independent contractors or otherwise associated with Pocket Handyman in any way. All experts on Pocket Handyman are made available to you for your convenience to provide professional advice and consultation in connection with your private “handyman” projects and are not intended for commercial or business activities that you may perform for others. Further, none of the experts made available to you through Pocket Handyman are independently qualified, reviewed, certified, or otherwise approved by Pocket Handyman. YOUR SELECTION AND USE OF AN EXPERT ON POCKET HANDYMAN IS SOLELY AT YOUR OWN RISK. Pocket Handyman™ is not in the business of providing such professional services or advice, and Pocket Handyman™ does not warrant, and is not responsible for, such experts, their professional services or advice, or any other actions or inactions of such experts. Further, you understand, acknowledge, and agree that you and any work performed by you in connection with your use of Pocket Handyman and your selection and use of an expert may be subject to licensing, certification, permitting, inspection, and other legal requirements that prohibit you from engaging in such activities, even for private “handyman” projects, and Pocket Handyman does not make any representations or warranties with respect thereto.
This End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and CV Services LLC (“Company,” “we” or “us”). This Agreement governs your use of the Pocket Handyman™ mobile application (including all related documentation, the “Application”). The Application is licensed, not sold, by us to you.
BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT WITH US; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE IMMEDIATELY.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
2. No Professional Services. This Agreement and the license granted hereunder does not include professional or consulting services of any nature or kind. As more fully provided in Section 9, the Application may include features that allow you to access third parties to obtain professional or consulting services, but Company is not in the business of providing such professional or consulting services and does not warrant, nor is Company responsible for, such professional or consulting services of third parties.
3. License Restrictions. You shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
(g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
4. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain all rights, titles, and interests in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. End User’s Responsibilities. You are responsible for the safe use of the Application and all Content and Services provided to you under this Agreement, including but not limited to all Third-Party Content and Services and professional or consulting services or advice you access or obtain through the Application.
8. Geographic Restrictions. The Content and Services are based in the state of Oklahoma in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
9. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
10. Third-Party Content and Services. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Content and Services”). For example, we may offer specific functionality in the Application that provides you with the opportunity to seek professional advice from, or the ability to speak with, an expert in construction, plumbing, electrical, carpentry or other professional trades. Unless specifically disclosed, Company is not in the business of providing such professional services or advice, and Company does not warrant, and is not responsible for, such professional services or advice, or the actions or inactions of any such experts. You acknowledge and agree that Company is not responsible for any of the foregoing Third-Party Content and Services or any aspect thereof, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, or quality. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Content and Services. Third-Party Content and Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE CONTENT AND SERVICES MADE AVAILABLE TO YOU THROUGH THE APPLICATION INCLUDES SUCH THIRD-PARTY CONTENT AND SERVICES, WITH RESPECT TO WHICH COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND FOR WHICH COMPANY IS NOT RESPONSIBLE. COMPANY DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR, WITH RESPECT TO, OR ON ACCOUNT OF ANY THIRD-PARTY CONTENT AND SERVICES.
11. Term and Termination.
(a) The term of Agreement commences when you first download, install, or use the Application and will continue in effect until terminated by you or Company as set forth in this Section 9.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
(c) Company may terminate this Agreement at any time without notice if it ceases to offer or support the Application, which Company may do in its sole discretion, or by written notice (including electronic communication) to you. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights and privileges granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete your account and all copies of the Application from your Mobile Device.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
12. Disclaimer of Warranties. THE APPLICATION AND ALL CONTENT AND SERVICES ARE PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND ALL CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR ANY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATION, SYSTEM, OR SERVICE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARD, OR BE ERROR-FREE, COMPLY WITH APPLICABLE LAWS (INCLUDING STATUTES, REGULATIONS, CODES, AND ORDINANCES), OR THAT ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (I) THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE INJURY OR (II) $100.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Release and Waiver of Liability. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE AWARE OF AND UNDERSTAND THAT CONSTRUCTION, REPAIR, REPLACEMENT AND OTHER “HANDYMAN” PROJECTS OF THE KIND AND NATURE OF, OR SUBSTANTIALLY SIMILAR TO, THOSE REPRESENTED BY THE CONTENT AND SERVICES (COLLECTIVELY, THE “ACTIVITIES”) ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I OR ANY PROPERTY SUSTAIN IN CONNECTION WITH THE ACTIVITIES MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, IN ADDITION TO MY OWN ACTIONS, OMISSIONS, OR NEGLIGENCE. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE FOREGOING PARTIES OR OTHERWISE.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS, MEMBERS, PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASEES"), ARISING OUT OF OR ATTRIBUTABLE TO THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE COMPANY, ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT RELEVANT STATE LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.
15. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorneys’ fees, arising from or relating to your use or misuse of the Application or the Content and Services or your breach of this Agreement.
16. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma, in each case located in Tulsa, Tulsa County, Oklahoma. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APPLICATION, OR THE CONTENT AND SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. No Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.