Last Updated: March 3rd, 2021
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Fixer Services PBC, also known as Fixer, located at 251 Little Falls Drive, Wilmington, DE 19808 and our subsidiaries and affiliates, in association with the use of the Fixer website, which includes fixer.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an Instant Handyman service which has the following description:
Fixer.com is a handyman service, fixing both on-site and via video assistance. Just tell us what’s broken and our team will support you anyway we can. Serving Chicago on-site, and available by video nationwide. Join now.
Any and all visitors to our site, whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
Each user and/or member acknowledges and agrees the services provided are made available through: (i) our website; (ii) other applications, including, without limitation mobile applications and applications available on various social media networking sites and other platforms, and (iii) downloadable programs. At its discretion, Fixer Services PBC may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Fixer Services PBC does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledges, accepts and agrees that Fixer Services PBC shall not be liable for any such update, modification, revision, suspension or discontinuance of any of our services or products (collectively “Updates”). Your continued use of the services provided, after posting of any Updates shall constitute your acceptance of such Updates, and, as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of terms and policies currently in effect. Should you not agree to the Updates you must stop using the services.
Furthermore, each user and each member understands, acknowledges and agrees the Services offered shall be provided “AS-IS” and Fixer Services PBC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of Fixer Services PBC, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Fixer’s Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information as may be requested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information that is false or incomplete, Fixer Services PBC will have sufficient grounds to suspend or terminate the member in violation of this Agreement, and refuse to allow access to any use of Fixer Services PBC services, or any portion thereof.
It is Fixer Services PBC’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Users under the age of 18 are prohibited from using the platform.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
Upon completion of registration and creation of your username and password, it shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Fixer Services PBC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Fixer Services PBC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
After services have been rendered we bill for all labor, materials, and applicable fees. We consider partial or full refunds within 30 days of services being rendered. Please contact our dispatch team with inquiries.
Promotions include any type of discount, coupon, or other incentive (“Promotions”) offered by Fixer including, without limitation, a discount for referring a new Fixer customer, a certain amount off a qualifying Fixer visit, or a certain amount off a visit during a designated window of time. Promotions are limited to one-time use per customer. Fixer may, in its sole discretion, select the available Promotions to display to you. Promotions may also be restricted to selected areas, selected customers, or in other fashions at Fixer’s sole discretion.
Unless otherwise specified, promotions are offered solely in connection with Fixer In-Home Visits booked through the Fixer.com website. Promotions may (i) apply automatically at the time of booking and/or payment, (ii) require you to enter a promotional code in order to redeem the Promotion, (iii) require that you book your visit some designated timeframe in advance or such that the visit occurs during a designated time frame, and/or (iv) require other conditions as communicated to you on the Platform.
Fixer may modify or terminate this Program and these Terms at any time.
NO SPAM OR POSTING ON COUPON SITES
You should only share Fixer Promotions with your personal connections and you may not post or promote Promotions on Fixer’s social media pages or on coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for coupons or other discount codes, as determined by Fixer in its sole discretion. You must also comply with all laws governing the transmission of email or other electronic communications. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of Promotions that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. Fixer reserves the right to deactivate any Promotions distributed through unauthorized channels and to revoke all related Promotion codes and related rewards.
Applicable or earned promotions can be applied to an eligible invoice for a qualifying Fixer visit. An “eligible invoice” is equal to or greater than the minimum charge for an In-Home Visit, and associated with a “qualifying Fixer visit” which meets the eligibility criteria for a given Promotion. Promotions may require the visit to be the customer’s first visit with Fixer, may require that the visit is booked during a specific window of time, may require that the visit is booked some number of days in advance of the date of service, and may require that the service is performed within a specific geographic area. Unless otherwise stated, the date of service must occur prior to the corresponding Promotion’s expiration date. You may request the details of a specific Promotion’s limitations from email@example.com at any time.
Promotion rewards are applicable towards Labor and Shopping Time charges only and may not be applied toward materials, tax, tip, additional surcharges (e.g., special order fees and haul-away fees), cash, or gift cards.
Expired Promotions have no value. You cannot use Promotions on past invoices. Further, Fixer does not issue or award retroactive Promotions for any reason (e.g., if you forget to login to your Account when booking or failing to take an action to begin earning Promotions).
The use of multiple accounts, email addresses, online identities, or aliases to circumvent the eligibility requirements and/or other limitations of these Terms is prohibited and may result in exclusion from the Promotion and the cancellation of all related rewards. Notwithstanding anything to the contrary and subject to applicable law, Fixer reserves the right to cancel, suspend and/or modify any aspect of or the entirety of any Promotion, for any reason at any time, with or without notice, including, without limitation, if any suspected fraud or technical failure impairs the integrity or proper functioning of the Promotion.
Fixer has no obligation to refund you for any unredeemed Promotions or any associated benefits following cancellation, suspension or modification of any Promotions or of your Fixer Account.
As a member of Fixer, you herein acknowledge, understand and agree all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Fixer Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, (i) content containing errors or omissions in the content posted, and (ii) possible loss or damage arising due to the use of content made available from third parties by Fixer. You agree Fixer is not liable for the content posted by third parties.
Furthermore, you herein agree not to make use of Fixer Services PBC’s Services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors;
- impersonating any individual or entity, including, but not limited to any Fixer, officials forum leaders, guides or hosts or falsely state or otherwise misrepresent any affiliation with an individual or entity;
- forging captions, headings, titles or offer any content without the expressed right to make such offer pursuant to any law or contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting or otherwise offering any content which may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- utilizing any recorded content which may infringe upon any patent, copyright, trademark or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting or otherwise offering any content without the right to make such offer pursuant to any law or contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any Fixer Services PBC Services, servers and/or networks that may be connected or related to our website, including but not limited to the use of any device software and/or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Fixer Services PBC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considerable to other visitors, users and/or members.
Fixer Services PBC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of Fixer Services PBC, its visitors, users and members, including the general public.
Fixer Services PBC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Fixer Services PBC or any other content providers supplying content services to Fixer Services PBC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SHORTCODE TERMS OF SERVICE
When you opt-in to the service, we will send you an SMS message to confirm your signup.
You can cancel this service at any time. Just text “STOP” to 34937. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.
If you want to join again, either text “START” to 34937 or sign up as you did the first time and we will start sending messages to you again.
If at any time you forget what keywords are supported, just text “HELP” to 34937. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers:
Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile
Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
As always, Message and Data Rates May Apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. T-Mobile is not liable for delayed or undelivered messages.
For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org.
Upon registration, you hereby acknowledge that by using Fixer Services PBC to send electronic communications, including, but not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you that you send through our network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and Content which is considered acceptable. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our network services to any export-prohibited country;
- agree not to use our website network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Fixer Services PBC shall not lay claim to ownership of any content submitted by any visitor, user or member, nor make such content available for inclusion on our website services. Therefore, you hereby grant and allow for Fixer Services PBC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly and non-publicly accessible areas of Fixer Services PBC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Fixer Services PBC’s sites, and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly and non-publicly accessible areas of Fixer Services PBC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Fixer Services PBC’s sites and shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly and non-publicly accessible areas of Fixer Services PBC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Fixer Services PBC’s sites are those such areas of our network properties which are meant to be available to the general public, and that which would include message boards and groups that are openly available to both visitors and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Fixer Services PBC provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
- your Contributions do not contain any type of confidential or proprietary information;
- Fixer shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- Fixer shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of Fixer; and
- Fixer is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold Fixer, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees, made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Fixer services or your connection with their services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Fixer’s sites or content.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Fixer Services PBC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message postings, videos or any other uploaded content shall be retained by Fixer Services PBC, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our service, the maximum disk space allowable that shall be allocated on Fixer Services PBC’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Fixer Services PBC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Fixer Services PBC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on Fixer Services PBC’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on Fixer Services PBC. It is your agreement to this TOS which establishes your consent to allow Fixer Services PBC to store any and all communications on its servers.
Fixer Services PBC shall reserve the right at any time it may deem appropriate, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of Fixer Services PBC, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to email@example.com
As a member, you agree that Fixer Services PBC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of activity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with you Fixer Services PBC’s account services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.
The termination of your account with Fixer Services PBC, shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within Fixer Services PBC;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Fixer Services PBC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Fixer Services PBC or any third parties, may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Fixer Services PBC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You hereby acknowledge and agree that the Fixer Services PBC’s Services and any essential software which may be used in connection with our services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Fixer Services PBC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Fixer Services PBC Services (e.g. Content or Software), in whole or part.
Fixer Services PBC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or its Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Fixer Services PBC for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF Fixer Services PBC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. Fixer Services PBC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Fixer Services PBC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) Fixer Services PBC SERVICES, ADVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Fixer Services PBC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE Fixer Services PBC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF Fixer Services PBC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM Fixer Services PBC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Fixer Services PBC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS NINETEEN (19) AND TWENTY (20) MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
Fixer Services PBC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of Fixer Services PBC trademarks, copyright, trade name, service marks, and other Fixer Services PBC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Fixer Services PBC. You herein agree not to display and/or use in any manner the Fixer Services PBC logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Fixer Services PBC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Fixer Services PBC may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- The physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Fixer Services PBC Agent for Notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Fixer Services PBC
Attn: Copyright Agent
251 Little Falls Drive
Wilmington, DE 19808
BE IT KNOWN, that Fixer Services PBC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.
This TOS constitutes the entire agreement between you and Fixer Services PBC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Fixer Services PBC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Fixer Services PBC services, affiliate services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Fixer Services PBC with regard to the TOS that the relationship between the parties shall be governed by the laws of the Illinois without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Fixer Services PBC, shall be filed within the courts having jurisdiction within the County of Cook, Illinois or the U.S. District Court located in said state. You and Fixer Services PBC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Fixer Services PBC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 years after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Fixer Services PBC as follows:
Fixer Services PBC
251 Little Falls Drive
Wilmington, DE 19808