Terms and ConditionsWelcome to Fixr. By accessing the Fixr.com website or using the services offered in connection with the website, you agree to be bound by these Terms and Conditions, which constitute your agreement with FIXR, Inc. The Fixr.com website (and any successor website), and the services offered by us and our affiliates in connection with such website, will collectively be referred to as the "Site." References to "we," "us," and "our" refer to FIXR, Inc Subject to and in accordance with these Terms and Conditions and other guidelines or instructions included in the Site, we grant you a limited, non-exclusive license to access and use the Site. We reserve the right to terminate this license and your access to the Site, and to remove or discard content you have submitted to the Site, at any time, for any or no reason and with or without notice. We reserve the right to revoke your particular user account, or to require you to choose another screen name or password. We may make changes to these Terms and Conditions or our Privacy Policy at any time by posting such changes on the Site. Your continued use of the Site following posting of any changes constitutes acceptance of those changes. This agreement may not be otherwise amended except in a writing signed by you and us. Access and UseAge Requirement; Responsibility. You may not access or use the Site unless you are at least 18 years old and are able to enter into legally binding contracts. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for your use of the Site and for all activities that occur under your account or password. Registration. You are required to maintain all information provided during your registration process so that it remains true, accurate, up-to-date and complete at all times. Conduct. You may use the Site only in accordance with all applicable laws and regulations, consistent with its intended use and in a manner that does not disrupt the use of the Site by others. You agree not to authorize, aid, or encourage anyone to act in violation of these Terms and Conditions. In connection with your use of the Site, you agree to provide the services as described in any bid posted by you and accepted by another user of the Site, and you agree to pay for services which are provided to you in accordance with the terms of any bid accepted by you, at the price set forth in such bid. In addition, in connection with your use of the Site, you agree not to:
(a) is false, inaccurate, misleading, harassing, defamatory, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, derogatory, demeaning, malicious, hateful, or otherwise objectionable; (b) constitutes "chain letters," "junk mail," "spam," "pyramid schemes" or other duplicative or disruptive messages; (c) contains viruses, trojan horses, worms or any other harmful or disruptive computer code, files or programs; (d) depicts graphic or gratuitous violence; (e) solicits, offers or otherwise includes any escort, prostitution or sexual services, or is sexually explicit or pornographic; or (f) is not posted in the appropriate category or area on the Site. Without limiting the foregoing, we reserve the right to reject or delete any content (including, but not limited to user and/or service provider accounts) posted to the Site at any time for any reason or no reason. Hyperlinks. You may create a hyperlink to the home page of the Site so long as the link does not portray the Site, Fixr, Inc. or its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without written permission. Fees and PaymentWe do not charge fees for joining Fixr, or for posting job requests or for posting service listings. Some of the services offered on the Site require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Site in connection with such Charged Services selected by you. We reserve the right to change its prices at any time. You authorize us directly or through third parties, to make any inquiries we consider necessary to validate your account and financial information that you provided while signing up for such Services. All fees related to using Charged Services are charged automatically using the payment method as determined in the Site. If we do not receive a request through the dashboard portion of the Site for Charged Services termination you acknowledge and understand that we will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services. Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. We expressly reserve the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE MONTH, YOUR RENEWAL PERIOD WILL BE FOR ONE MONTH. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION WE WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT OUR THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS US IN RELATION TO THE DISCONTINUATION OF THE SERVICES. Cancellations & RefundsYou may decide to discontinue the use of any Charged Services at any time. Such cancellation is done on your dashboard in the Site and according to the instructions posted therein. If you decide to cancel a subscription, we will refund the unused period of the subscription. The date and time of any cancellation of any Charged Services shall be the date and time on which you have completed the cancellation process on the Site's dashboard. YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON THE SITE MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. WE WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES. Content Provided by Users; Transactions Between UsersYou are responsible for all content you submit to the Site. You warrant that you have all rights necessary to submit such content to the Site, and that the public display and other use of such content by us will not violate the rights of any third party. Any picture or other content uploaded to Fixr.com may be screened and/or deleted such if deemed to contain content with one or more of the following elements:
Furthermore, we reserve the right at any time to reject and/or delete any picture or other content posted on the Site, for any reason or no reason and without explanation of cause. You hereby grant us the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) license to use, reproduce, modify, translate, publicly display, perform, create derivative works of, publish and distribute, in any form and for any purpose, any content you submit to the Site. We are not responsible for other users' content, actions or inactions, or job descriptions or bids they post. The Site is a venue to allow users to solicit, offer, sell, and buy services in a variety of pricing formats and venues. We are not involved in the actual transaction between users. We have no control over and do not guarantee the quality, safety or legality of services solicited or offered, the truth or accuracy of users' content or postings, the ability of users to perform services, the ability of users to pay for services, or that a user will actually complete a transaction. By using the Site, you agree to bear all risks associated with the use of any content on the Site and any reliance on the accuracy, completeness, or usefulness of such content. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We make no guarantee or representations regarding the skills or representations of any service provider whom you may find via the Site, and we cannot guarantee that any such service provider is licensed to perform services or carries insurance with regard to the performance of services. Further, we do not guarantee or warrant the outcome or quality of services performed by such service providers. Such service providers are not employees or agents of FIXR, Inc., and we are not an agent of such service providers. Our Proprietary RightsAll content included on the Site and originating with us, including but not limited to website design, text, photographs, graphics, sound, software and the arrangement of all content on the Site, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Third-Party InformationThe Site may provide links to third-party websites, whose content, business practices and privacy policies are not under our control. We are not responsible for the content of any linked website or any link contained in a linked website, and we will not be liable for any damage or loss caused by or in connection with the use of such websites. The inclusion of a link on the Site does not imply any endorsement by us or any affiliation between us and the third party. In accessing following links to third-party websites, you may be exposed to content that you consider offensive or inappropriate. "Fixr" and all related logos, graphics and icons are our service marks or trademarks. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners, and their presence on the Site does not represent an endorsement of the Site. Affiliate Links Fixr.com is free of influence from outside organizations or companies. When we partner with for-profit organizations we do it to make additional services available to our users. We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our pages. For example, the Site is a participant in the Amazon Services, LLC Associates Program, an affiliate advertising program that provides means for us to earn fees by linking to Amazon.com and affiliated sites. This means we may earn commissions on qualifying purchases made through our third-party affiliate links. Regardless of our affiliate relationships, all Products mentioned on the Site are independently chosen by the Site's editors and experts. Affiliate Links Disclosure Our service is unbiased-retailers cannot influence or pay for the placement, reviews, or ratings of products. Clicking a retailer link will take you to that retailer's website to shop. When you shop through retailer links on our site, we may earn a commission. Pages on the Site containing affiliate marketing links, including product reviews, will be demarcated and/or identified with a disclaimer. PrivacyPlease see our Privacy Policy, which also governs your use of the Site and is hereby incorporated into these Terms and Conditions. Access and InterferenceThe Site may contain robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not: artificially generate traffic or page links to any portion of the Site; take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for content owned by you) from the Site without the prior expressed written permission of us and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the sites. No WarrantiesYOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. Limitation of LiabilityWE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Exclusions and LimitationsThe laws of some states do not allow the disclaimer of implied warranties or the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some of the above disclaimers, exclusions or limitations may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Release and IndemnityIf you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes disputes or your dealings with such users. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You agree to indemnify and hold harmless us and our affiliates, officers, directors, employees, agents, partners and licensors from and against any loss, damage, liability and costs, including reasonable attorneys' fees, incurred in connection with a claim by any third party due to or arising out of (i) your use of the Site, (ii) any content you submit to the Site, or (iii) your violation of these Terms and Conditions, any law or the rights of any third party. NoticesExcept as explicitly stated otherwise, legal notices to us shall be served in writing on our registered agent for service of process in the State of Delaware, and legal notices to you shall be delivered to the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Resolution of DisputesWe and you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of laws provisions. You agree that any claim or dispute you may have against us must be resolved by a court located in the State of Delaware, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, we may recover attorneys' fees and costs up to $1,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Statute of Limitations - Regardless of any statute or law to the contrary, any claim you bring against us must be filed within one [1] year after such claim arose or be forever barred. Procedure for Making Claims of Copyright InfringementIf you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent: c/o Fixr, Inc. 2801 Centerville Rd Wilmington DE 19808 By phone: (866)953-5377, By fax: (866) 933-3696, By email: ca@fixr.com GeneralWaiver and Severability. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the court or arbitrator will endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Entire Agreement; Assignment. These Terms and Conditions represent the entire agreement between you and us with regard to their subject matter, and supersede all prior agreements and representations. In the event of any conflict between these Terms and Conditions and any instructions or guidelines included on the Site, these Terms and Conditions shall control. You may not assign your user account or your rights and obligations under this agreement without our express written consent. |
