Terms of Use
1. Agreement to these Terms
These Terms of Use ("Terms") are a binding agreement between you and EliState LLC, 30 N Gould St, Ste R, Sheridan, WY 82801 ("EliState," "we," "us"), the operator of the HandyBud website and service (the "Service"). By accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Plain-English note: these Terms include a binding arbitration provision and a class action waiver (Section 12). It affects how disputes between you and us are resolved. You can opt out within 30 days — Section 12 explains how.
2. What the Service is — and is not
HandyBud is a free matching service. We connect homeowners who request quotes with home improvement contractors and, for areas or services we do not serve directly, with our marketing partners. You pay us nothing to use the Service; we are typically compensated by the contractors and partners we refer you to.
We are not a contractor, builder, or home-services provider. We do not perform, supervise, inspect, insure, or warrant any work on your home. We are not a party to any agreement between you and a contractor. Any estimate, quote, contract, workmanship, or warranty is solely between you and the contractor you choose.
3. Eligibility
The Service is offered only to residents of the United States who are at least 18 years old and able to form a binding contract. By using the Service you represent that you meet these requirements and that the information you submit is about your own household or one you are authorized to act for.
4. Consent to be contacted; text-message terms
Our request forms include a consent checkbox. If you check it, you give your prior express written consent under the Telephone Consumer Protection Act (TCPA) and applicable state telemarketing laws for HandyBud, a matched local pro, and the parties on our Partner List to contact you at the phone number and email you provided, as described next to the checkbox — including by automatic telephone dialing system, automated or prerecorded voice, artificial or AI-generated voice, and SMS/MMS text messages, and even if your number appears on a federal, state, or corporate Do Not Call list.
- Consent is never a condition of purchase. You can get quotes by contacting contractors directly.
- Opting out: reply STOP to any text to end texts from that sender, reply HELP for help, tell any caller to place you on their do-not-call list, or email legal@handybud.com.
- Message and data rates may apply. Message frequency varies with your request. Carriers are not liable for delayed or undelivered messages.
5. Contractors are independent businesses
We screen contractors in our network at onboarding for things like licensing, insurance, and complaint history, and we re-check periodically. However, contractors are independent businesses whose status can change without notice, and screening is not an endorsement, recommendation, or guarantee of any contractor, price, availability, or outcome. Always verify a contractor's current license and insurance yourself and read any contract before you sign or pay.
6. Your responsibilities and prohibited uses
- Provide accurate, current information about yourself and your project.
- Submit a request only for a property you own or are authorized to arrange work for.
- Evaluate quotes and contracts yourself; the hiring decision is yours alone.
- Do not submit false, fraudulent, or third-party requests; do not scrape, crawl, reverse engineer, probe, or interfere with the Service; do not use the Service to send spam or unlawful communications; do not misrepresent your identity.
We may refuse, suspend, or terminate access to the Service at our discretion, including for violations of these Terms.
7. Intellectual property
The Service, including its text, design, graphics, logos, and software, is owned by EliState LLC or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use. "HandyBud" and the HandyBud logo are trademarks of EliState LLC. You may not copy, modify, distribute, or create derivative works from the Service except as allowed by law.
8. Feedback
If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
9. Third-party sites and services
The Service may link to or integrate third-party websites and services (including contractor and partner sites). We do not control them and are not responsible for their content, policies, or practices. Your use of them is at your own risk and subject to their terms.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY ABOUT: (a) THE AVAILABILITY, QUALITY, SAFETY, LEGALITY, TIMING, PRICING, OR RESULTS OF ANY CONTRACTOR OR ANY WORK; (b) WHETHER YOU WILL BE MATCHED OR RECEIVE ANY QUOTE; OR (c) THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL ELISTATE LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY CONTRACTOR OR PARTNER, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You acknowledge that the pricing of the Service (free to you) reflects this allocation of risk.
12. Dispute resolution: binding arbitration and class action waiver
Please read this section carefully — it affects your rights.
a. Informal resolution first
Before filing a claim, you agree to email legal@handybud.com with a description of the dispute and give us 30 days to resolve it informally.
b. Binding arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in the county where you live or another mutually agreed location, or by videoconference. Judgment on the award may be entered in any court of competent jurisdiction. This agreement is governed by the Federal Arbitration Act.
c. Class action waiver
YOU AND WE EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.
d. Exceptions
Either party may (i) bring an individual claim in small-claims court, or (ii) seek injunctive or other equitable relief in court for infringement or misuse of intellectual-property rights. Nothing in this section waives rights that cannot be waived under applicable law, and nothing prevents you from bringing issues to the attention of federal, state, or local agencies.
e. 30-day opt-out
You may opt out of this arbitration agreement by emailing legal@handybud.com within 30 days of first accepting these Terms, with your name, the phone number and email you used on the Service, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
13. Governing law
These Terms are governed by the laws of the State of Wyoming and applicable federal law, without regard to conflict-of-law rules — except that the consumer-protection laws of your state of residence that apply to you by their own force (including the TCPA, state telemarketing laws such as the Florida Telephone Solicitation Act, and state privacy laws such as the CCPA/CPRA) are unaffected by this clause, and we honor them. Where a claim proceeds in court, exclusive venue lies in the state or federal courts of Sheridan County, Wyoming, unless the law of your state of residence requires otherwise.
14. Indemnification
You agree to indemnify and hold harmless EliState LLC and its members, managers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or third-party right.
15. Termination; survival
We may suspend or terminate the Service or your access at any time. Sections that by their nature should survive (including 7, 10, 11, 12, 13, and 14) survive termination.
16. Miscellaneous
These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be given via the contact details you provide.
17. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date above will change when we do, and material changes will be reflected on this page before they take effect. Your continued use of the Service after changes take effect is acceptance of the updated Terms.
18. Contact
EliState LLC (HandyBud) · 30 N Gould St, Ste R, Sheridan, WY 82801 · legal@handybud.com