Terms and Conditions

Welcome to Hands and Stands! Hands and Stands Inc. (“Hands and Stands Inc.”, “us” or “we”) is the owner and operator of the www.HandsandStands.com site (the “Site”).  These terms and conditions, together with any documents they expressly incorporate by reference (collectively the “Terms”), govern your access and use of the Site, including any content, functionality, subscriptions, and services offered on or through the Site, whether as a guest or a registered user. These Terms also apply to the purchase and sale of products and subscriptions service through the Site.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU START TO USE THE SITE, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

 

The Terms constitute an agreement between you and us.  By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to be bound and abide by the Terms. If you do not agree to these Terms, you should not use or access this Site.

 

Agreement to these Terms also constitutes your agreement to Hands and Stands Inc. Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference.

 

Table of Contents

1. Use of the Site

2. Registration and Passwords

3. Additional Terms and Conditions

4. Site Not for Minors

5. Fraud Protection

6. Transactions

7. The Subscription Contract Between You And Us

8. Product Information; Limitation on Quantities

9. Proprietary Rights

10. Contributed Content Guidelines

11. General Disclaimers

12. Disclaimer – No Professional Advice

13. Taxes

14. Indemnification

15. Limitation of Liability

16. International Use

17. Risk of Loss

18. Copyright Infringement; Notice and Take Down Procedures

19. Waiver; Remedies

20. Governing Law

21. Disputes

 

1. Use of the Site  

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. By using the Site, you represent and warrant that you (i) are located inside Canada, (ii) inside the United States, or (iii) are located outside the European Unionor European Economic Area and agree to be bound by applicable Canadian laws. The Site is intended for users situated in Canada and the United States. We currently do not offer goods and services to any other territory or region.

 

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site   will constitute your acceptance of any such changes.

 

You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications.  You are also responsible for ensuring the accuracy of any information that you upload or post to the Site.  Any other use of the Site requires the prior written consent of Hands and Stands Inc. You may not copy, modify, or distribute the contents of this Site without the prior written consent of Hands and Stands Inc. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

 

Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity;

Posting any information which is untrue, inaccurate or not your own;

Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

Attempting to interfere in any way with the Site, or Hands and Stands Inc.’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and

Using the Site to drop ship merchandise to third parties.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site  , including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Site  , circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site   to any third party without the prior written consent of Hands and Stands Inc.  In the event that we discover that you have breached any of the Terms and/or engaged in any prohibited uses, we reserve the right to immediately and without prior notice prohibit any further use of and access to the Site by you.

 

2. Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. 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 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. We may suspend or terminate your access at any time with or without notice. To understand how we use the information collected from you, please read our Privacy Policy.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

3. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site  , including with respect to ordering, shipping and return policies, review guidelines, User Generated Content Terms; community guidelines and membership reward programs (including the Loyalty Program Terms) and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.

 

4. Site Not for Minors

The Site is available to registered and unregistered users who are 18 years old and older and whose registration has not been suspended or cancelled by Hands and Stands Inc. for any reason (each, a “Member”). You must be 18 years old in order to make a purchase on our Site.  If you are under 18 years old, then you may not make a purchase on our Site. We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including but not limited to as a result of a violation of these Terms or the Privacy Policy, without notice.

 

5. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process or fulfil an order due to suspected fraud or unauthorized or illegal activity in our sole and absolute discretion. If for any reason we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order and obtain additional information that we, in our sole and absolute discretion, deem necessary. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity or if you fail or refuse to provide us with any additional information we request. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

6. Transactions

If you wish to purchase any product or service made available through the Site   (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By providing us with such information, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Hands and Stands Inc. the right to provide such information to third parties for the purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

 

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.  By placing an order, you represent that the products ordered will be used only in a lawful manner. Hands and Stands Inc. reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

 

You agree that by placing an order on the Site, you are entering into a binding contract with Hands and Stands Inc. and agree to pay all charges that may be incurred by you or on your behalf through the Site  , at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

7. The Subscription Contract Between You and Us

AUTOMATIC RENEWAL TERMS

With respect of Hands and Stands Inc. subscriptions which are subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, Hands and Stands Inc. may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Hands and Stands Inc. reasonably could act. Information on how to cancel is described below.  You also agree for your credit card to be charged for other fees and expenses including, but not limited to, shipping costs.  Hands and Stands Inc. remains entitled to charge your chosen payment method until your subscription is terminated in accordance with these Terms.

 

MONTH-TO-MONTH REBILLABLE SUBSCRIPTIONS

By purchasing a Month-to-Month Rebillable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation in accordance with the Terms, including where applicable any charges processed by Hands and Stands Inc. after the expiration date of your payment card.  Hands and Stands Inc. remains entitled to charge your chosen payment method until your subscription is terminated in accordance with these Terms.

 

Automatic Monthly Renewal Terms

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Month-to-Month Rebillable Subscription renewal in accordance with these Terms.

 

Cancellation Policy For Month-to-Month Rebillable Subscription Renewals

 

To cancel your Month-to-Month Rebillable Subscription at any time, you must:

Logon to your account at handsandstands.com and follow the cancellation procedures stated therein.  Following the cancellation, you remain responsible for returning the stand and dispenser in working condition and paying for all shipping costs associated with the return.  If you wish to keep the stand and dispenser, or fail to return it within ___thirty___ days of your cancellation, Hands and Stands Inc. will charge you a one-time $100 US fee to your credit card or other method of payment previously used to process charges related to your subscription.

 

CHANGES TO THE PRICE AND TO HANDS AND STANDS INC. SUBSCRIPTIONS PLANS

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Hands and Stands Inc. Subscriptions Plans will take effect following notice to you.  Your continued use of the Site and subscription service following any notification of changes shall constitute your affirmative acknowledgement of the changes to the pricing, and your agreement to abide and be bound by the new pricing, as amended. If at any time you choose not to accept the new pricing, then you shall be responsible to take such steps as are required to cancel your subscription and cease use of the Site and our services.

 

8. Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is accurate and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability.  You agree that we are not, and will not be held, liable for any information contained on the Site which contains errors or other inaccuracies.  We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.  You agree not to hold us liable to you or any third party for any revision, suspension or termination of any event or promotion. 

Hands and Stands Inc. also reserves the right to change the type of stand and dispenser and monthly sanitizer refills provided, as long as these products meet the standards indicated on the Site in connection to the dispenser and sanitizer refills when the initial subscription commenced.  We also reserve the right to change delivery frequencies (i.e. from monthly to bi-monthly) provided the average monthly volume of sanitizer is provided.  You acknowledge and agree that Hands and Stands Inc. shall not be liable, or held liable, to you or any third party for any such changes.

We agree to provide customers with a stand and dispenser that is intended to operate for a minimum of 12 months from the time that it is shipped to the customer, provided that the customer follows all necessary and required instructions related to the intended use.  Hands and Stands Inc. does not guarantee the continued performance of the stand and dispenser if it is used in a manner that is inconsistent with its intended use and the necessary and required instructions for use.  If a stand and dispenser provided by Hands and Stands Inc. to a customer does not operate for a minimum of 12 months, as aforesaid, we will replace these items in a commercially reasonable timeframe taking into account all applicable circumstances. Hands and Stands Inc. is not responsible for customers who misuse the stand.  You agree to only use sanitizer provided by us in the stand and dispenser provided by us.  If you fail, refuse or neglect to use only sanitizer provided by us then we reserve the right to refuse to provide a replacement stand and dispenser and you shall be required to pay us a $100 US fee to replace the stand and dispenser.   

 

 

9. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site   are the property of Hands and Stands Inc. or our licensors (as the case may be) and are protected by Canadian, United States [vi1] [SS2] [vi3] and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Site   for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site   in breach of the Terms, your right to use the Site   will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Hands and Stands Inc. and the Hands and Stands Inc. logo are trademarks of Hands and Stands Inc. .  All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of our Site's content is copyrighted by Hands and Stands Inc., Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Hands and Stands Inc.

 

If you submit an unsolicited idea to us via the Site or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Hands and Stands Inc to utilize your idea, you hereby grant Hands and Stands Inc an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

 

If the Site contains 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 Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

10. Contributed Content Guidelines

Hands and Stands Inc. values your engagement. When contributing content, please remember the following guidelines:

By submitting or posting any materials or content on the Site, you grant Hands and Stands Inc. a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Hands and Stands Inc the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Hands and Stands Inc will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

All contributed content is subject to the Terms, which include our policy regarding copyright infringement, and our User Generated Content Terms;

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

 

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Use obscenities, discriminatory language, or other language not suitable for a public forum;

Post advertisements, “spam” content, or references to other products, offers, or websites;

Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;

Post unduly critical or spiteful comments of other content posted on the page or its authors;

Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;

Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

We are under no obligation to screen or monitor any content, but may review the content from time to time at its sole discretion. We reserve the right to edit or remove any content at our sole discretion for any reason.

 

Under no circumstances will Hands and Stands Inc. be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Site   or endorse any opinions expressed therein.

 

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via service@HandsandStands.com.

 

 

11. General Disclaimers

You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE   OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, HANDS AND STANDS INC DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE   IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE   WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE   OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Hands and Stands Inc. makes no warranties of any kind regarding any non-Hands and Stands Inc. sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Hands and Stands Inc. makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Hands and Stands Inc sites. Hands and Stands Inc does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

 

HANDS AND STANDS INC. DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT INFORMATION  ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A CONCERN OR QUESTION ABOUT A PRODUCT.

 

12. Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site   is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

 

This Site 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 Hands and Stands Inc are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Hands and Stands Inc. 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.

 

13. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

 

14. Indemnification

You agree to indemnify, hold harmless, and defend Hands and Stands Inc., its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including legal and attorney’s fees, in any way arising from or related to your use of the Site, your violation of these Terms, defamatory or infringing content posted to the Site   by you, or your violation of any law or the rights of a third party.

 

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HANDS AND STANDS INC, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE   BE LIABLE TO ANY USER OF THE SITE   OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE  , WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF HANDS AND STANDS INC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HANDS AND STANDS INC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE   TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO HANDS AND STANDS INC IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

 

16. International Use

We control and operate the Site from Canada but we provide this Site for use only persons located in the United States. We make no representation that products and services on the Site   are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Hands and Stands Inc. assumes no responsibility for any use by you of the Site from outside the United States or any products acquired by you for use outside the United States.

 

17. Risk of Loss

Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.  Hands and Stands Inc. does not control the delivery times of such third-party carriers.

 

18. Copyright Infringement; Notice and Take Down Procedures

Hands and Stands Inc specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site   infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Hands and Stands Inc will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifice of claimed copyright infringement should be sent to the following address:

 

Hands and Stands Inc.

20 Amber Street, Suite 9,

Markham, Ontario, Canada

L3R 5P4

Email: service@HandsandStands.com

 

To be effective, the notifice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

 

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notifice, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

19. Waiver; Remedies

The failure of Hands and Stands Inc. to partially or fully exercise any rights or the waiver of Hands and Stands Inc of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Hands and Stands Inc or be deemed a waiver by Hands and Stands Inc of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Hands and Stands Inc under these Terms and any other applicable agreement between you and Hands and Stands Inc shall be cumulative, and the exercise of any such right or remedy shall not limit Hands and Stands Inc’s right to exercise any other right or remedy.

 

20. Governing Law

All matters related to the Site and these Terms shall be governed and constructed in accordance with the laws of the Province of Ontario without regard to conflict of laws provisions.

 

21. Disputes

Any dispute relating in any way to your visit to, or use of, the Site  , to the products you purchase through the Site   (including a subscription), or to your relationship to Hands and Stands Inc. (collectively the "Claims") shall be exclusively submitted to confidential and binding arbitration in the City of Toronto, Ontario, Canada including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the Ontario Superior Court of Justice or the Federal Court, as applicable, in the Province of Ontario. The arbitration shall be determined by a single arbitrator sitting at the City of Toronto.  The arbitrator shall be selected by Hands and Stands Inc. and the procedure to be followed shall be determined by the arbitrator.  The arbitration shall proceed in accordance with the provisions of and subject to the Ontario Arbitraiton Act, 1991, S.O. 1991, c. 17.  The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator.  Costs of the arbitration shall be determined by the arbitrator.  The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom.  YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND HANDS AND STANDS INC HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

 

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

 

22. Changes of the Site

We may update the content on the Site   from time to time. In addition, Hands and Stands Inc reserves the right to revise these Terms at any time by updating this posting; provided any material modifications will only be applied prospectively. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You are encouraged to review these Terms each time you use the Site   and prior to purchasing any product or service that are available through this Site. Your continued use of the Site   after the posting of changes will constitute your acceptance of and agreement with such changes.

 

23. Your Feedback

This Site is operated by Hands and Stands Inc Inc. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to service@HandsandStands.com.