+
+ The content on this website may be reproduced under the MIT License or under
+ the Creative
+ Commons ShareAlike 1.0 Generic (CC SA 1.0) license (or dual licensed
+ at your discretion). The stuff below was left over from a prior account settings page.
+
+
This website should not be used as an authoritative source on what Handshake should be in the future, and no expectations should be made on people involved with Handshake.
+
+ Last Updated: 5/27/18
+
+
+ Handshake.org (“Site”) is a copyrighted work owned by Handshake Development Inc. (“Handshake”, “Company”, “We”, “Us”) a Delaware corporation. Your use of the Site offered by Handshake is subject to this Terms of Use (“Agreement”) and the Privacy Policy, incorporated herein by this reference. You must accept the the Terms of Use and the Privacy Policy prior to using the Site.
+
+
+ THE AGREEMENT HEREIN SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE.
+
+
+ THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS FOR DISPUTE RESOLUTION, RATHER THAN RELYING ON COSTLY JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
+
+
+ 1. ACCOUNTS
+
+
+ Account creation and claiming ownership. In order to gain access and use certain nominating, voting, and claiming services offered by the Site (“Services”), you must have previously registered for an account (“Account”) and provided certain information about yourself as prompted by the account registration form. You represent and warrant that:
+
+
+
+ Account responsibilities. You are responsible for maintaining the confidentiality of your account. You may not share your account information with any third-party.
+
+
+ Account forfeiture.In the event Handshake determines in its sole discretion that you have misrepresented yourself, then Handshake may delete that account and cancel your verification.
+
+
+ 2. ACCESS TO THE SERVICES
+
+
+ Eligibility. You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself. If you do not meet these criteria, you are not allowed to use this Service.
+
+
+ License. Subject to your assent to and ongoing compliance with all of the terms of this Agreement, you are granted a limited non-transferable revocable non-exclusive license to use the Services. You may not use the Service for any other purpose, or in connection with any other software without HANDSHAKE’S permission.
+
+
+ Restrictions. The license granted to you herein is subject to the limitations set forth in this Section (collectively, the “License Limitations”). Any use of the Service in violation of the License Limitations herein will be regarded as a material breach of this Agreement. You agree that you will not, under any circumstances:
+
+
+
+ Support. Company has no obligation to provide you with any support or maintenance in connection with your use of the Site.
+
+
+ Ownership. All rights and title in and to the Services (including without limitation any user accounts, titles, computer code, methods of operation, moral rights, any related documentation, “applets,”) are owned by Handshake. The Services are protected by United States and international copyright laws, and may contain certain content in which Handshake may enforce their rights in the event of any violation of this Agreement.
+
+
+ NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A HANDSHAKE SERVER, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HANDSHAKE.
+
+
+ 3. DISCLAIMERS / RISKS RELATED TO HANDSHAKE
+
+
+ Except as specifically set forth herein, the Software and accompanying written materials (including instructions for use) are provided “as is” without warranty of any kind. Further, Handshake does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the software or written materials in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the software is assumed by Licensee and not by Handshake or its distributors, agents or employees.
+
+
+ EXCEPT AS SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.
+
+
+ SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
+
+
+ 4. INDEMNIFICATION AND RELEASE
+
+
+ You agree to indemnify and hold Company (and its officers, employees, staff, assigns, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
+
+
+ Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
+
+
5. LIMITATION OF LIABILITY
+
+ IN NO EVENT SHALL HANDSHAKE, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS
+
+
+ LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
+
+
+ SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
+
+
+ 6. TERM AND TERMINATION
+
+
+ HANDSHAKE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY HANDSHAKE ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account.
+
+
7. TAXES
+
+ You acknowledge that you shall be solely responsible for the reporting and payment of all federal, state and local income taxes, social security taxes, federal and state self-employment taxes, and other governmental obligations resulting from the receipt of Handshake Coins under this Agreement and Handshake shall not withhold or pay any amounts for such obligations. In accordance with current law, if Handshake is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income or W8-BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting, reflecting the gross value of Handshake Coins provided by Handshake to you, then you will be required to complete and submit a Form W-9 through the Site or via email. Should Handshake be required to issue you a Form 1099, the total value of Handshake Coins reported will include the total value of all Handshake Coins received by you pursuant to the planned distribution and any other source required by IRS guidelines. You hereby indemnify and hold Handshake harmless from any liability for any taxes, penalties or interest that may be assessed by any taxing authority with respect to Handshake Coins received by you.
+
+
8. DISPUTE RESOLUTION
+
+ Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
+
+
+
9. MISCELLANEOUS
+
+ This Agreement may only be modified or amended herein by a duly signed writing executed between Company and you (“the Parties”). This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Handshake concerning the Services, and this Agreement supersedes any and all prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Handshake. This Agreement shall be governed by and construed according to the laws of the State of California, without giving effect to its choice of law principles. The parties agree that all actions and proceedings arising out of or relating directly or indirectly to this Agreement or any ancillary agreement or any other related obligations shall be litigated solely and exclusively in the state or federal courts located in the County of Santa Clara, California, and that such courts are convenient forums. Each party hereby submits to the personal jurisdiction of such courts for purposes of any such actions or proceedings. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for reference only and shall not be read to have any legal effect. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard copy in writing. The foregoing does not affect your non-waivable rights.
+
+
+
+ I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SERVICES ARE AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THIS TERMS OF USE AGREEMENT.
+
+
+
