Terms of Service
Last Updated: November 7, 2024
Welcome to the Terms of Service (“Terms”) for the website handbooks.io (the “Website”) operated by Handbooks, LLC (“Company,” “we,” “us,” or “our”). The Website, and any content, services, tools, features, documents, templates, and functionality offered on or through the Website, are collectively referred to as the “Services”.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Website or the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Website or the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that: (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
USER ACCOUNTSTo use the Services, you need to create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at hello@handbooks.io if you know or have any reason to suspect that your Account or password have been stolen, misappropriated, or otherwise compromised, or in the case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed or banned you from any of our Services, unless we provide written consent otherwise.
LOCATION OF OUR PRIVACY POLICY AND OTHER APPLICABLE POLICIESOur Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.handbooks.io/privacy/. We also provide important additional information about the Services in our Disclaimers located at https://www.handbooks.io/disclaimer/. You understand that our Privacy Policy and Disclaimers are incorporated into these Terms by reference.
RIGHTS WE GRANT YOU- Right to Use Services. We hereby permit you to use the Services for your personal or business use, provided that you comply with these Terms and any applicable laws in connection with all such use. You must comply with any and all applicable federal, state, and local laws when using the Services. If any software, content, documents, templates, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, documents, templates, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction, periodic updating, maintenance, or repair of the Services, or other actions that the Company, in its sole discretion, may elect to take.
- Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
- download, modify, adapt, translate, copy, distribute, transfer, assign, pledge, rent, lease, loan, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale or resale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes or as otherwise expressly permitted in these Terms;
- duplicate, decompile, decipher, reverse engineer, disassemble, or decode the Services (including any underlying idea, process, prompt, or algorithm), or attempt to do any of the same;
- use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
- use automation software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to modify the Services;
- exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
- gain or attempt to gain unauthorized access to the Services or its related systems or networks;
- access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access to or use of the Services, or use any device, software, or routine that causes the same;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
- circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
- use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercept, “mine,” scrape, extract, or otherwise access the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
- submit, transmit, display, perform, post, or store any content that is inaccurate, unlawful, defamatory, obscene, invasive of privacy or publicity rights, deceptive, or otherwise objectionable;
- use or access the Services for any fraudulent purposes, or attempt to do the same;
- violate, or attempt to violate, any applicable law or regulation in connection with your access to or use of the Services;
- mass download documents or templates or otherwise use the Services in any manner which directly competes with the Company, including without limitation the creation or distribution of derivative works competitive with the Company; or
- access or use the Services in any way not expressly permitted by these Terms.
OWNERSHIP AND CONTENT- Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, documents, templates, information and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content, as defined below), including, without limitation, the exclusive right to create derivative works.
- Ownership of Trademarks. The Company’s name, the Company’s trademarks, the Company’s logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- Ownership of Feedback. We welcome feedback, comments, and suggestions for improvements to the Website or the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Website, the Services, or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you, and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in and to any and all Feedback.
- Your Content License Grant. In connection with your use of the Services, you may be able to upload or submit content to be made available through the Services (“Your Content”). Your Content may include, but is not limited to, your state(s) of operation, number of employees in said state(s), employee benefits offered or not offered, and/or other information relating to your business operations. In order to operate and provide the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading or submitting Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content, but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By uploading or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
- Aggregated Data. You acknowledge that the Company may compile aggregate, anonymized data related to your use of the Services, and that the Company may disclose such aggregate, anonymized data to third parties. The Company will not identify you as the source of any aggregated, anonymized data without your prior written permission.
PAYMENT TERMSThese Terms also apply to your purchase of products through the Website. When placing an order on our Website, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any such offer, in our own discretion. Should we elect to accept your order, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time, in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein. All applicable prices are set forth alongside the products offered on the Website. Such prices are subject to change at any time by us, in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Payment may only be made with a valid credit card, debit card, or use of a verified electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
THIRD-PARTY SERVICES AND MATERIALSCertain Services may display, include, or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION.Disclaimers.- Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, successors, assigns, consultants, attorneys, suppliers, and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
- THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, SUBMITS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
- YOU UNDERSTAND AND AGREE THAT THE COMPANY ENTITIES ARE PROVIDING THE SERVICES FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT PROVIDING YOU WITH LEGAL ADVICE. YOU ALSO UNDERSTAND THAT YOUR USE OF THE SERVICES DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE COMPANY ENTITIES. THE COMPANY IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITIES WITH RESPECT TO CLAIMS ARISING FROM OR RELATED TO YOUR NON-COMPLIANCE WITH APPLICABLE LAW, IT BEING EXPLICITLY AGREED TO AND UNDERSTOOD BY YOU THAT THE COMPANY IS NOT PROVIDING LEGAL ADVICE OR LEGALLY COMPLIANT LANGUAGE OR CONTENT VIA THE SERVICES. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES ARE SUITABLE FOR YOU TO USE IN LIGHT OF YOUR OBLIGATIONS UNDER ANY APPLICABLE LAWS OR REGULATIONS.
- YOU UNDERSTAND THAT THE COMPANY PROVIDES ADDITIONAL DISCLAIMERS ABOUT THE SERVICES ON ITS WEBSITE AT https://www.handbooks.io/disclaimer/. YOU HAVE READ AND UNDERSTAND THESE DISCLAIMERS, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
- Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR: (A) DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES, THE WEBSITE, OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR (B) ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1000.00) OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST TWELVE (12) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnification. By entering into these Terms and accessing or using the Services or the Website, you agree that you shall defend, indemnify, and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.
- Reasonable Allocation of Risk. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS OF LIABILITY, AND DISCLAIMERS OF WARRANTIES, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
ADDITIONAL PROVISIONS- Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Updated” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
- Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
- Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
- Arbitration of Disputes. Any dispute, controversy, or claim arising out of or related in any manner to the Services or these Terms which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) arbitrator sitting in Guilford County, NC. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of NC, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 8 of these Terms, but shall not be empowered to award direct, indirect, incidental, special, or consequential damages, or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. To begin the arbitration process, a party must make a written demand therefor. The prevailing party shall be entitled to receive from the other party all attorneys’ fees and costs incurred. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in North Carolina. The AAA Commercial Arbitration Rules can be found at www.adr.org/Rules. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall not be subject to this provision and each party hereby irrevocably consents to the mandatory and exclusive jurisdiction and venue of the state and federal courts located in Guilford County, NC with venue proper only in Guilford County, NC.
- Miscellaneous. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States or Canada do so at their own risk and are responsible for compliance with applicable local laws. These Terms and all matters arising out of or relating to these Terms shall be governed by the internal laws of the State of North Carolina without giving effect to any choice of law rule.
- How to Contact Us. You may contact us regarding the Services or these Terms by e-mail at hello@handbooks.io.
Last updated: November 7, 2024