Welcome to HackHands.com, (collectively,“HackHands”). HackHands is an online platform that instantly connects (“Programmers”) with verified (“Experts”) through (“Requests”), so they can get hands-on help in real time. In order to do this, we have recruited some of the top experts in the world, developed a product that leverages some of the latest cutting edge technologies for video chat and collaboration, and have designed process that is the fastest, most efficient way for getting access to qualified programming Experts. All of which (collectively, known as “Services”) is accessible at www.hackhands.com, (collectively, the“Site”). By using the Site and Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and HackHands. In these Terms,“you” and“your” refer to the individual or entity that uses the Site or Services.“We”,“us”, or“our” refer to HackHands. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa. Please read carefully these Terms, which may be found at www.hackhands.com/terms-of-service and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site and Services in accordance with these Terms may subject you to civil and criminal penalties. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROGRAMMERS MAY CREATE REQUESTS (AS DEFINED BELOW) IN ORDER TO GAIN INSTANT ACCESS TO EXPERTS. YOU UNDERSTAND AND AGREE THAT HACKHANDS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS (AS DEFINED BELOW). HACKHANDS HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE SITE AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“HackHands Content” means all Content that HackHands makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and HackHands Content. “Content” means source code, text, graphics, images, software, audio, video, information or other materials.“Expert” means a Member who offers information and advice to other Members and connects to Requests via the Site or Services. “Programmer”means a Member who requests help from an Expert. “Request” means a requested session via the Services between Programmers and Experts in connection with and Title, Description, Tags and any other information provided within a Request. “Open Request” means a broadcasted request to approved Experts as part of the HackHands Services via the Site that has not yet been responded to by an Expert. “Preferred Request”means a direct request to a particular Expert from the Expert Profile as part of the HackHands Services via the Site. “Connect” means the action by an Expert to respond to a Request as part of the HackHands Services via the Site. “Session” means the online connection for the time spent in a Room between a Programmer and Expert for the Request. “Room”means the individual online setting for a Request where a Programmer waits to be connected with an Expert and an Expert can Connect to have a Session to mentor a Programmer. “Lobby” means the place on the Site where all Programmer Requests are displayed so that an Expert can Connect to the Room in order to start a Session. “Time”means the elapsed time of a Session in minutes, which is calculated by a timer in the Room for each Session. “Grace Period”means the period of time within a Session designed so that both Programmers and Experts feel comfortable working with one another and the Request can better be understood before any money is exchanged (If the Programmer ends the Session prior to Grace Period the Programmer will not be charged and the Expert will not earn any money for this Session) “Member” means a person who completes HackHands account registration process as described under “User Account Registration” below, and includes, without limitation, Programmers and Experts. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services and includes, without limitation, Requests, and Sessions.“Tax” or“Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
HackHands reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting; provided, however, such material changes to the Terms will be effective as to an existing Member thirty (30) days after notice to the Member is provided via email from email@example.com to your email address on file with HackHands. You agree to keep your email address on file with HackHands up-to-date. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
The Site is a platform for Programmers to create a request and in order to get one on one help from Experts. If you wish to use the Services or create a Request, you must first register to create a HackHands Account (as defined below). You may only view open Requests provided on behalf of the Service as an approved Expert. HackHands’ role is to facilitate the availability of the Site and Services and to provide Services related thereto, such as posting Requests, verification of Experts, payment integration and processing, Session facilitation, and reputation management. HackHands does not provide and is not responsible for Member Content or any information or advice exchanged between Members during Sessions or otherwise. HackHands does attempt to verify the credentials of all of its Experts. However, you understand and acknowledge that Experts are not employees or agents of HackHands but are independent service providers using the Site and Services to provide their expertise to other Members and the public. You acknowledge that HackHands will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in Member Content. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE MEMBER INTERACTION. HACKHANDS CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY REQUESTS OR THE INFORMATION EXCHANGED BETWEEN MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT HACKHANDS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL REQUESTS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL MEMBERS USE THE SITE AND SERVICES AT THEIR OWN RISK.
Direct Registration: To access certain features of the Site and to create a Request, you must register to create an account (“HackHands Account”) and become a Member. You may register directly via the Site or as described in this section.Third Party Registration: You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Github and LinkedIn); each such account, a“Third Party Account”, via our Site, as described below. As part of the functionality of the Site and Services, you may link your HackHands Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to HackHands through the Site or Services; or (ii) allowing HackHands to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to HackHands and/or grant HackHands access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating HackHands to pay any fees or making HackHands subject to any usage limitations imposed by such third party service providers. By granting HackHands access to any Third Party Accounts, you understand that HackHands will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and Services via your HackHands Account and HackHands Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information that you post to your Third Party Accounts will be available on and through your HackHands Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable, or HackHands’ access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your HackHands Account and your Third Party Accounts, at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. HackHands makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and HackHands is not responsible for any SNS Content. We will create your HackHands Account and your HackHands Account profile for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active HackHands Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. HackHands reserves the right to suspend or terminate your HackHands Account and your access to the Site and Services if you create more than one (1) HackHands Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your HackHands Account, whether or not you have authorized such activities or actions. You will immediately notify HackHands of any unauthorized use of your HackHands Account.
Programmers can create a Request via the Site and Services and based upon Experts will be able to connect with such Programmer to provide their experience and knowledge. You as an Expert understand and agree that once connected with a Programmer you will provide expertise or help to the Programmer in accordance with the below terms. You acknowledge and agree that you are solely responsible for any and all Requests you connect with. Accordingly, you represent and warrant that any Sessions you connect to and will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that HackHands assumes no responsibility for the content of Requests or Sessions or for any Member’s compliance with any applicable laws, rules and regulations. You understand and agree that HackHands is not involved in the interactions between Members and understand and acknowledge that HackHands does not edit, modify, endorse or guarantee Member Content or the content of communications between Members. You understand that HackHand’s mission it to be an online service that connects verified Experts with a Programmer based on their Request in order to provide quality help and expertise. Therefore you agree to not take advantage of any Programmer’s lack of knowledge in any subject area so that you can maximize personal or professional earnings. HackHands reserves the right, at any time and without prior notice, to remove or disable access to any Requests for all Members any reason, including Requests that HackHands, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services. You acknowledge and agree that, as an Expert, you are responsible for your own acts and omissions.
You (as an Expert) may apply to become an Expert on HackHands to offer your knowledge and expertise to Programmers. To this end, you may need to provide information regarding the expertise you offer. You acknowledge that some information from such application may be made publicly available in your Expert Profile via the Site and Services. HackHands does verify each and every one of its Experts to gain access to open requests the Service presents and therefore these Terms require Experts to provide accurate information upon applying to become an Expert. We do attempt to confirm, any Expert’s purported identity and credentials. However, Programmers are responsible for determining the suitability of Experts for their Request when they connect with Experts during the Grace Period within each Session via the Site and Services. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from HackHands with respect to such actions or omissions.
Sessions and Financial Terms for Experts If you (as an Expert) have connected to a Request from a Programmer, you will be sent to the Room for the Request and will be initially engaged in a Grace Period (currently set to 5 minutes, which is subject to change at any time as part of these Terms), in which acts as a “Risk Free” trial basis for the Programmer. Through the Site and Services, we will share with you (i) the first and last name of the Requester who has requested the Session, and (ii) any Member Content the connected Programmer has shared as pertaining to the Request. Should the Programmer decide to end a Session at anytime before this Grace Period, you understand that HackHands or the Programmer you are connected with is not liable for any fees or earnings due for such time engaged in the Session. Should the Session for a Request elapse past the Grace Period, the Programmer connected with will be responsible for the total time elapsed for the Session (including the Grace Period). The amount due and payable by a Programmer relating to Session time with you is referred to as a“Session Fee”. Session Fees are quoted in U.S. dollars and in a price per minute format (the“Session Fee Rate”) + any optional but recommended tips for a particular session (“Tips”). Please note that it is HackHands, and not Experts, which set all Session Fee Rates for open Requests provided by the Service, and Programmers who set all Session Tips, not HackHands. However, Experts are able to set Session Fee Rates for(“Preferred Requests”)for any requests directly and exclusively requested of a specific Expert. Experts are able to update and manage their Preferred Session Fee Rate in their profile settings at any time. In consideration of the Services, HackHands charges a fee (the“HackHands Service Fee”) based on a percentage of Session Fees collected on your behalf. The current applicable percentage is twenty percent (20%), and is subject to change as part of these Terms. The Service Fee is deducted from the Session Fee payable in respect of a Session. At the conclusion of each Session, HackHands calculates the appropriate Session Fee payable by the Programmer to you based on the duration of the Session, the applicable Session Fee Rate in addition to any Session Tips. After deducting the applicable HackHands Service Fee, HackHands remits the balance of the Session Fee via its third party provider www.stripe.com or such other payment methods as may be listed on the Site, in U.S. dollars. Except as otherwise provided herein, HackHands Service Fees are non-refundable. 100% Satisfaction Guarantee Policy – HackHands maintains a 100% satisfaction policy as part of the Site and or Service. As part of agreeing to these Terms, you accept that you, and not HackHands will be responsible for any “unsatisfied” Programmer refund requests, for which this amount will not be paid out as part of any Earnings from the Site or Service. HackHands will look into any and all requests for refunds and review such on a case by case basis. To avoid any conflicts, it is best practice to only connect to such open Requests that you are comfortable and confidant with providing your help or expertise for.Sessions and Financial Terms for Programmers You (as a Programmer), not HackHands, are solely responsible for honoring any Session Fees charged as a result of entering into a transaction with an Expert for a Request that elapses past the Grace Period of a Session via the Site. These Terms and other terms, conditions, rules and restrictions associated with such Session as set out upon creating a Request may apply. You acknowledge and agree that you, and not HackHands, will be responsible for performing the obligations of any such agreements, and HackHands is not a party to such agreements and disclaims all liability arising from or related to any such agreements. You agree to pay HackHands all Session Fees due in connection with any Session. In order to initiate a Request, you understand and agree that HackHands reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, in order to verify your credit card. At the end of each Session, HackHands will process and collect the Session Fees payable in accordance with these Terms and the terms of the Session. Please note that HackHands cannot control any fees that may be charged to a Member by his or her bank related to HackHands collection of the Session Fees, and HackHands disclaims all liability in this regard. In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to HackHands or its third party payment processor. You agree to pay HackHands for any consummated Sessions in accordance with these Terms, by one of the methods described on the Site – e.g. bywww.stripe.com. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Session, either directly by HackHands or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. If you are directed to HackHands’ third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions before using the services. Once your transaction is complete you will receive a confirmation email summarizing your confirmed Session Fees charged.
Refunds You (as a Programmer) may cancel a Session without penalty; provided, however, that you have not expired the Grace Period of the Session with the Expert via the Services. You (as an Expert) may cancel a Session without penalty at any time. If you have been improperly charged for a Session that was cancelled and require a refund, please contact HackHands at www.hackhands.com/contact/.Taxes You as an Expert understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. HackHands cannot and does not offer Tax-related advice to any Members of the Site and Services. If you are an Expert who earns more than $600.00 in earnings within one tax period as part of the Services via the Site and are eligible for reporting US taxable earnings, you will receive the appropriate tax documents for filing and reporting such income sent via the email information associated with your Expert account.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
HackHands will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HackHands may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that HackHands has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. HackHands reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HackHands, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of HackHands and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, HackHands grants you a limited, non-exclusive, non-transferable license, to (i) access and view any HackHands Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HackHands or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, and Services, you hereby grant to HackHands a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, and Services. HackHands does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, and Services or you have all rights, licenses, consents and releases that are necessary to grant to HackHands the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HackHands’ use of the Member Content (or any portion thereof) on, through or by means of the Site, and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that HackHands is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HackHands of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of HackHands used herein are trademarks or registered trademarks of HackHands. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
HackHands respects copyright law and expects its users to do the same. It is HackHands’ policy to terminate in appropriate circumstances the HackHands Accounts of Members who infringe or are believed to be infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, and Services, and (b) deactivate or cancel your HackHands Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event HackHands terminates these Terms, or your access to our Site and Services or deactivates or cancels your HackHands Account you will remain liable for all amounts due hereunder. You may cancel your HackHands Account at any time by contacting HackHands. Please note that if your HackHands Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews, reputation or Feedback.
IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HACKHANDS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, PROGRAMMERS AND EXPERTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HACKHANDS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HACKHANDS MAKES NO WARRANTY THAT THE SITE, SERVICES, OR COLLECTIVE CONTENT, INCLUDING ANY INFORMATION PROVIDED VIA REQUESTS AND SESSIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HACKHANDS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SESSION, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HACKHANDS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT HACKHANDS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. HACKHANDS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANIZED BY HACKHANDS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, REQUESTS OR SESSIONS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HACKHANDS WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER HACKHANDS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HACKHANDS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL HACKHANDS AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR REQUEST OF AN EXPERT OR CONNECTION WITH ANY SESSIONS VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SESSIONS MADE VIA THE SITE AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HACKHANDS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, indemnify, and hold HackHands and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content and (c) your (i) interaction with any Member, (ii) reliance on any information exchanged via the Site or Services, or (iii) creation of a Requests or Sessions. HackHands shall have the right to control all defense and settlement activities.
By using the Site and Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. HackHands does not permit Requests or Expert applications associated with certain countries due to U.S. embargo restrictions.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by contacting us at www.hackhands.com/contact/. You acknowledge and agree that all Feedback will be the sole and exclusive property of HackHands and you hereby irrevocably assign to HackHands and agree to irrevocably assign to HackHands all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At HackHands’ request and expense, you will execute documents and take such further acts as HackHands may reasonably request to assist HackHands to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to HackHands.
You may not assign or transfer these Terms, by operation of law or otherwise, without HackHands prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HackHands may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HackHands (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
These Terms are intended to govern the agreement between HackHands and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
You and HackHands agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and HackHands are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and HackHands otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Notwithstanding the provisions of the “Modification” section above, if HackHands amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (through www.hackhands.com/contact/) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of HackHands’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and HackHands in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between HackHands and you regarding the Site, Services, Collective Content and any Requests or Sessions made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HackHands and you regarding the same.
The failure of HackHands to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HackHands. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact HackHands at:
182 N. Union Ave
Farmington, UT 84025
As used in this policy, the terms“using” and“processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Our principal goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site (collectively, the“Service”) and to enable users to enjoy and easily navigate the Site. The types of information that we collect include:
Information you provide to us
Personal Information: You may browse the Site without providing any personal information that may be used to identify you personally. However, when you register for and use the Service, access certain content or features, or directly contact the Site or Service, we may ask you to provide information, including:
(collectively,“Personal Information”) Information automatically collected When you visit and interact on the Site or Service, certain information is collected automatically, including:
Non-Identifying Information: We collect other non-identifying information you provide as part of the registration, administration and personalization of your HackHands Account profile (e.g. account preferences) (“Non-Identifying Information”). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other HackHands Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Site and Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Log Data: When you visit the Site and Service, whether as a Member or a non-registered user (any of these, a“HackHands User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site and Service, pages of our Site and Service that you visit, the time spent on those pages, information you search for on our Site and Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site and Service’s technical administration, to increase our Site and Service’s functionality and user-friendliness, and to better tailor our Site and Service to our visitors’ needs. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Web Beacons: Our Site and Service may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Service are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our Member communications and marketing campaigns.
We may access information about you from third-party sources and platforms. You can register to use the Service by logging into online accounts you may have with third party service providers (“TPSP”)(e.g. Facebook, LinkedIn, StackOverflow or GitHub); each such account, a“Third Party Account”, via our Site or Service as described below. As part of the functionality of the Site or Service, you may link your HackHands Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to HackHands through the Site or Service; or (ii) allowing HackHands to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to HackHands and/or grant HackHands access to your Third Party Account for use for the purposes described herein without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating HackHands to pay any fees or making HackHands subject to any usage limitations imposed by the applicable TPSP.
If you register by logging into a Third Party Account via our Site or Service, we will obtain the Personal Information you have provided to the applicable TPSP (such as your true name, email address, profile picture, names of TPSP friends, names of TPSP groups to which you belong, other information you make publicly available via the applicable TPSP and/or other information you authorize HackHands to access by authorizing the TPSP to provide such information) from your Third Party Accounts and use that information to create your HackHands Account and HackHands Expert profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the TPSP and authorized by you) the information in your Third Party Accounts so that it is available on and through your HackHands Account on the Site and Service. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable TPSP.
Profile Information: We use the information we collect at registration to create your HackHands Account and HackHands Expert profile page. Your HackHands Expert profile page will include, among other things, your first and last name, your profile picture and your location. We will display your Profile Information in your HackHands Account or HackHands Expert profile page publicly via the Site and Service, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all HackHands Users and consequently should reflect how much you want other HackHands Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage Members to exercise caution regarding the information disclosed in their HackHands Account profile page. You can review and edit your Profile Information at any time.
Requests: If you create a Request, we may publish, use, share or otherwise disclose the Content of that Request publicly via the Site and Service and may enable third parties to publish the Request on their websites.
Marketing: We may also use your Personal Information to contact you with HackHands newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of these marketing related notifications at any time by accessing the “Unsubscribe” section of any newsletters. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
Customer Service Fulfillment: We may use the information that we collect to fulfill your requests for products, services and information. For example, we may use your information to respond to your customer service requests.
Data Analysis: In order to learn more about how our Site and Service is used, we aggregate and analyze the data we collect. We may use the information, for example, to monitor and analyze use of the Site and Service, to improve the functionality of same and to better tailor our content and design to suit our visitors’ needs.
Testimonials: HackHands posts testimonials on the Site and Service. With your consent, we may post your testimonial on the Site and Service along with your name. To have your testimonial removed, please contact us at www.hackhands.com/contact/.
Analysis: We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, payment processing, customer service and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Delivery: We may employ third party companies and individuals to perform Site-related services, including maintenance services, database management, web analytics, data processing and email and notification distribution. These third parties have access to your information only to perform these tasks on our behalf.
Investigations: We may share information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of HackHands’ Terms of Service, or as otherwise required by law.
Compliance with Laws: We may share information about you to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.
To customize your experience on the Site and Service and to simplify our registration process, we provide you with the opportunity to access or interact with TPSPs, such as Facebook and GitHub. When you connect to the Site or Service through these TPSPs, we may share information about you with these third-party service providers and they may share data about you with us.
When you allow us to access your data through a third-party service to create a Site account, we may use this data for several purposes, including but not limited to:
To enhance and personalize your experience on the Site and Service. When you are connected via a TPSP, we may access certain account information, such as your profile picture, in order to enhance and personalize your experience on the Site.
Please remember that we do not control the privacy practices of these third-party services. We encourage you to read the privacy policies of all TPSP websites.
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at www.hackhands.com/contact/ or editing their profile. If you would like us to deactivate your HackHands Account, please contact us at www.hackhands.com/contact/ with “Cancel Account” as the subject of your message and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your HackHands Account. Please note that, if you cancel your HackHands Account, any of your Member Content on the Site will remain publicly viewable via the Site and Service. Please see below for privacy contact information
To protect your privacy and information, HackHands uses multiple security procedures and practices to protect from unauthorized access, destruction, use, modification and disclosure of Personal Information of users.
When you enter Personal Information on our Site and Service, we encrypt that information using secure socket layer technology (SSL). SSL creates a secured connection between our web servers and your browser, which protects against unauthorized access to transmitted data and supports data being sent only to intended recipients.
Your Personal Information is password protected and our main servers are locked and hosted by a leading provider of Internet access to enterprises with mission-critical Internet application requirements. Access to the host environment is secure.
Identity theft and the practice currently known as “phishing” are of great concern to HackHands. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your HackHands Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Service, you can contact us at www.hackhands.com/contact/.
Note that we will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Service in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Sharing personal email addresses, phone numbers, Skype/IM usernames or any other personal contact details.
All communications, information and files exchanged should be performed exclusively using HackHands’ system. The main reason this it is required is to keep communications and transactions on HackHands is for your safety. The internet industry has traditionally been inundated with risk and uncertainty. HackHands is a new form of communications. For this community to thrive, security and trust must be maintained for all users. This is only possible through maintaining initial conversations within the HackHands application. Protecting our users’ privacy is of critical concern for everyone on the HackHands team. To protect our users’ privacy, personal information should be kept anonymous. Requesting or providing email addresses, skype/IM usernames or other personal contact details (other than your name) are strictly prohibited. HackHands’ direct bookings and ‘Callback Requests’ as part of the Service is designed to enable communication between all users.
HackHands and its third party partners to whom we disclose information under this policy may perform activities outside of the United States and potentially collect, transfer, store, and process your personal information in other countries. As a result, your information may be subject to the laws of those countries or other jurisdictions. These laws may not be equivalent to the privacy and data protection laws in your jurisdiction. Information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. By using the Site or providing us with your information, you consent to the potential collection, transfer, storage, and processing of information in other countries.
We will make available to you any of your personal information that we have collected, used or disclosed upon request. Please contact us at www.hackhands.com/contact/.