Last Updated: September 16, 2021
PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE YOU ACCESS OR USE THE HANDEL’S WEBSITE, MOBILE APPLICATIONS AND /OR ONLINE SERVICES OR PROGRAMS WHERE THESE TERMS ARE POSTED, LINKED OR INCORPORATED BY REFERENCE (COLLECTIVELY, THE “ONLINE SERVICES”). THESE TERMS ARE THE RULES AND REQUIREMENTS THAT APPLY TO YOUR USE OF THE ONLINE SERVICES. DO NOT ACCESS THE WEBSITE OR ANY OF THE ONLINE SERVICES, SUBMIT ANY INFORMATION THROUGH THE WEBSITE OR ONLINE SERVICES, OR OTHERWISE USE THE WEBSITE OR ONLINE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION.
The Online Services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the Online Services. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the Online Services. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Handel’s and meet all of the foregoing eligibility requirements.
ACCESSING THE ONLINE SERVICES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend any of the Online Services, including this Website, and any service or material we provide on the Website or any of the Online Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Online Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, or the Online Services to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website and the Online Services; and
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
INTELLECTUAL PROPERTY RIGHTS
The Online Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Handel’s, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print (or download) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- If we provide desktop, mobile, or other applications for you to download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Online Services or any services or materials available through the Website.
If you wish to make any use of materials on the Online Services other than that set out in this Section, please address your request to email@example.com.
The Handel’s name, the term Handel’s, the Handel’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Handel’s or its affiliates or licensors. You must not use such marks without the prior written permission of Handel’s. All other names, logos, product and service names, designs, and slogans on this Website and the Online Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material without or prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate Handel’s, a Handel’s employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the forgoing); and
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Online Services, or which, as determined by us, may harm Handel’s or users of the Online Services or expose them to liability.
Additionally, you agree not to:
- Use the Online Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Online Services, including their ability to engage in real life time activities through the Online Services;
- Use any robot, spider, or other automatic device, process, or means to access the Online Services for any purpose, including monitoring or copying any of the material on the Online Services;
- Use any manual process to monitor or copy any of the material on the Online Services or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Online Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Online Services, the server(s) on which the Online Services are stored, or any server, computer, or database connected to the Website or any other Online Services;
- Attack the Online Services via a denial-of-service attack or a distributed denial-of-service attack; and
- Otherwise attempt to interfere with the proper working of any of the Online Services.
The Online Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, Facebook, Twitter, Instagram, or other social media services (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Online Services.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Online Services, you grant us and our affiliates and services providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material (for any purpose/according to your account settings).
You represent and warrant that:
- You own and control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and services providers, and each of their and our respective licensees, successors, and assigns; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Handel’s, will have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Online Services.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Online Services; and
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Services. YOU WAIVE AND HOLD HARMLESS HANDEL’S AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HANDEL’S AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER HANDEL’S OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Online Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmission, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please notify us at firstname.lastname@example.org for instructions on sending us a notice of copyright infringement. It is the policy of Handel’s to terminate the user accounts of repeat infringers.
RELIANCE ON INFORMATION POSTED
The information posted on or through the Online Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Online Services, or by anyone who may be informed of any of its contents.
This Online Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Handel’s, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Handel’s. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE ONLINE SERVICES
We may update the content on this Website and any of the Online Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website and/or other Online Services may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through our site or other transactions for the sale of goods or services through the Online Services or resulting from visits made by you are governed by our Terms of Sale.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Online Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website;
- Send emails or other communications with certain content, or links to certain content, on this Website;
- Cause limited portions of content on this Website and/or the other Online Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Online Services or the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- Link to any part of the Online Services or Website other than the homepage; and
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS TO OTHER SITES
If any of the Online Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or any of the other Online Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide the Online Services for use only by persons in the United States. We make no claims that the Online Services or any of the Online Services content is accessible or appropriate outside of the United States. Access to the Online Services may not be legal by certain persons or in certain countries. If you access the Online Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or any of the Online Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE ONLINE SERVICES, THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES, INCLUDING THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HANDEL’S NOR ANY PERSON ASSOCIATED WITH HANDEL’S MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER HANDEL’S NOR ANYONE ASSOCIATED WITH HANDEL’S REPRESENTS OR WARRANTS THAT THE ONLINE SERVICES, THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ONLINE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT ABAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ONLINE SERVICES, THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, HANDEL’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HANDEL’S, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY OF THE ONLINE SERVICES, INCLUDING THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ONLINE SERVICES, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
CLASS ACTION WAIVER
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR HANDEL’S WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
When you opt in to any of our text message programs, you understand and consent that you will receive text messages from an automated system. You further understand that your consent to not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code or email us at email@example.com.
YOUR COMMENTS AND CONCERNS
This Website is operated by Handel’s. All notices of copyright infringement claims should be sent to the copyright agent designated below:
Handel’s Enterprises, LLC
Attn: Web Developer
3830 Starr Centre Drive
Canfield, OH 44406
All other feedback, comments, requests for technical support, and other communications relating to the Online Services (including the Website) should be directed to firstname.lastname@example.org or write us at:
Handel’s Enterprises, LLC
Attn: Web Developer
3830 Starr Centre Drive
Canfield, OH 44406