Terms and Conditions of the FIXED Website & Mobile Application 

FIXED Home HandyMan Services (“FIXED”) helps people hire a variety of service contractors and related professionals (collectively, “Service Providers”). The following Terms and Conditions outline your obligations when using the FIXED websites, mobile applications, and services.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

1. ACCEPTANCE OF TERMS

The FIXED website available at https://fixedhhs.com, the FIXED mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “Sites and Services”) are owned and operated by FIXED-HHS, LLC (“FIXED”) and can only be accessed and used by you under the Terms and Conditions described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. 

BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

2. DEFINED TERMS. 

"Collective Content" means User Content and FIXED Content together.

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Service Provider requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

"Consumer" means a User who is registered to search for Pro Services on the Platform, seeks Pro Services from Service Professionals on the Platform, makes a booking with a Service Professional to purchase a Pro Service (or receive a quote in contemplation thereof), is registered for or undergoes a home specialist consultation or similar service with respect to their home, or otherwise uses the Platform to, or agrees to these Terms in order to, receive, pay for, review, or facilitate the receipt of Pro Services. Because a Consumer may be, or may become, a customer of a Service Professional, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform.

"Fee" means any amount charged by FIXED to a User in connection with the Platform.

"Platform" means all FIXED websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through FIXED.

"Pro Services" means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Professionals, or sought, scheduled, paid for, or received by Consumers, through the Platform.

"Service Provider" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services. Service Professionals are often referred to as “pros” by FIXED.

"FIXED Content" means all Content that FIXED makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.

"User" means a person or entity who completes FIXED’s account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through FIXED, including but not limited to Service Professionals and Consumers.

"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding FIXED Content and Feedback.

2. MODIFICATIONS AND COMPLIANCE WITH OF TERMS OF USE

FIXED may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide FIXED notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

Without limiting any other rights, FIXED may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and FIXED, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by FIXED in connection with your use of the Platform), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

3. USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, FIXED grants authorized users a non-exclusive, non-transferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of FIXED. FIXED may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. FIXED shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by FIXED or our licensors, except for the licenses and rights expressly granted in these Terms.

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements.

By registering or using the Platform to offer, post, or provide Pro Services, Service Professionals represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing. Service Professionals otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform.

FIXED does not sell or otherwise provide Pro Services. FIXED will not directly provide home project consultations and related on-Platform services to Consumers. Any Pro Services solicited as a result of any such consultations or on-Platform services are provided by an independent Service Professional without any representation or warranty from FIXED other than as expressly provided for herein. FIXED also facilitates Pro Service transactions, which facilitation may include displaying a list of Service Professionals profiles, allowing Consumers and Service Professionals to send messages to each other, allowing for the booking of an appointment for the provision of Pro Services, assisting in the selection of a Service Professional for certain Consumers, and processing payment for certain Pro Services. Consumers understand that any such facilitation does not constitute a warranty in relation to the Pro Services. Service Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services.

Service Professionals understand and agree that they are independent contractors of FIXED, and are not FIXED employees, consultants, joint venturers, partners, or agents. Service Professionals acknowledge that they provide their own equipment, maintain their own professional liability insurance in a minimum of $1,000,000.00, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. 

FIXED, as permitted by applicable laws, may obtain reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Professional’s account based on the results of such a report, without or without notice. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from such vendors. Service Professionals agree to inform FIXED of any criminal convictions that occur after any such reports are run.

4. USER CONDUCT

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to FIXED the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or FIXED’s use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. User agrees to indemnify FIXED in the event that the above-described responsibilities are breached. While FIXED has no obligation to do so, you agree that FIXED may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by FIXED. By way of example, and not as a limitation, you agree not to:

  1. Use another person's Account, misrepresent yourself or Pro Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;

  2. Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without FIXED prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (FIXED reserves the right to revoke these exceptions either generally or in specific cases);

  3. Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;

  4. Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm FIXED or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;

  5. Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay FIXED for access to services provided by the Platform or by Service Professionals;

  6. Collect, harvest, publish, or “sell” any personal information (as that term is defined by the California Consumer Privacy Act and/or any similar law or regulation), including but not limited to information related to Users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;

  7. Violate any applicable laws or regulations;

  8. Fail to comply with a User’s requests (including, those made on their behalf by FIXED) to no longer receive phone calls, text messages, e-mails or any other communications from you;

  9. Recruit, solicit, or contact in any form Service Professionals or Consumers for employment or any other use not specifically intended by the Platform;

  10. Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;

  11. Violate in any material respect any FIXED policies that govern your use of the Platform and our interactions with you and third-parties;

  12. Advertise or solicit a Pro Service not related to or appropriate for the Platform including, but not limited to any Pro Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of FIXED; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Pro Service not reasonably available to a Consumer or other individual in that Consumer or individual’s location;

  13. Submit User Content that damages the experience of any User including but not limited to (a) requests to download non-FIXED mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on FIXED, (b) offers to purchase a Pro Service or any other service outside of FIXED, or (c) using a profile page or User name to promote services not offered on or through the Platform;

  14. Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;

  15. Fail to perform Pro Services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such Pro Services (including by refusing to pay);

  16. Seek to charge a Consumer directly for Pro Services; 

  17. Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by FIXED;

  18. Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service;

  19. Agree to purchase a Pro Service when you do not meet a Service Professional's requirements;

  20. Create more than one Consumer or Service Professional FIXED account without our written permission;

  21. Circumvent, or seek to circumvent, payment through the Platform, because payment is always to take place through the Platform;

  22. Fail to comply with any applicable laws or regulations related to your use of the Platform;

  23. Seek to circumvent the terms of, or abuse, your FIXED subscription;

  24. Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and

  25. Attempt to indirectly undertake any of the foregoing.

FIXED reserves the right, at any time and without prior notice, to remove or disable access to User Content that it, in its sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason. In addition, FIXED may, in its sole discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your FIXED Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from FIXED support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Pro Services canceled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.

5. TRACKING COMMUNICATIONS

In order to ensure appropriate charging of Fees and compliance with these Terms, FIXED may track the occurrence of communications between Consumers and Service Professionals that occur off of the Platform via location technologies, Platform direct message services; email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Service Professional. In order to track the occurrence of such communications, FIXED may obscure Service Professional contact information in a Service Professional profile, replace Service Professional contact information in a Service Professional profile with a different piece of contact information that will forward to the Service Professional, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the FIXED Platform unless we first obtain your permission.

FIXED may track any and all communications through the Platform for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, FIXED and our service provider may receive in real time and store data about direct messages on the Platform, including the date and time of the messages, your phone number, and the content of the text message.

6. FIXED’S SERVICES

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.

7. REGISTRATION INFORMATION

We shall require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We shall require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide FIXED with true, accurate, current and complete information as prompted by the FIXED’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

8. ACCOUNTS AND CHARGES

Accounts. Account registration shall be required for Users to receive or use Services. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Services that occurs under your Account, including, but not limited to, Use of the Services by any person who uses your Account, with or without authorization. You agree to notify us immediately of any unauthorized use or any other breach of security on your Account. FIXED shall not be liable for losses incurred as a result of an unauthorized use of a password or account.

Personal information submitted through the Service is governed according to FIXED’s Privacy Policy.

Inactive Accounts. If an account remains inactive for one year or more, FIXED reserves the right to terminate the account, including any credits, incentives, rewards or the like associated with the account.

Inactive Network Pro Accounts. If you have not purchased any Pro Products for more than a year, FIXED reserves the right to terminate your Network Pro account, including any credits, incentives, rewards or the like associated with your account. If you have an unused prepaid balance in your account, FIXED will use commercially reasonable efforts to contact you before terminating your account. If FIXED is unable to reach you and elects to terminate your account, then the unused account balance will become the property of FIXED the maximum extent permitted by law.

Charges. When Service Providers perform work for you or you buy their products through the Services, you will be charged for the products or services they provide ("Service Provider Charges"). FIXED may charge you for certain products or services that are provided by FIXED ("FIXED Charges") (FIXED Charges and Service Provider Charges, collectively, "Charges"). If FIXED books, schedules, handles payment for and otherwise facilitates services provided to you by a Professional through the FIXED Services program, the charges to you for those services will be deemed to be FIXED Charges. You will be informed of Charges before products or services are provided (including, in the case of FIXED Charges and certain Service Provider Charges, any cancellation fees and terms). FIXED may offer discounts on FIXED Charges from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions FIXED specifies for the discount. You should confirm Charges each time you request or contract for products or services. You are responsible for paying applicable sales, use or other taxes on all Charges where required by law.

Payment. Payments for FIXED Charges are immediately due and payable to FIXED upon provision of the applicable Services and are final and non-refundable except as set forth in the Terms. Payment terms for Service Provider Charges will be as agreed upon between you and the Service Provider. You acknowledge and agree that your purchases of services and products from a Professional or other Service Provider (or through the Services, where FIXED processes your order for those products or services) are transactions between you and FIXED, and not with the Service Provider. When you use a credit card to pay for Charges, you represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Charges. You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes directly with FIXED, and you understand that initiating a chargeback does not extinguish your obligation to pay.

Returns; Refunds. If you are a User receiving services or goods from a Services Provider, your rights will be governed by your contract with FIXED, these terms and conditions, and by applicable law. FIXED will provide a refund for Professional work only under limited circumstances, in its sole discretion.

If you are a Service Professional purchasing a product or service from FIXED, in the limited cases where we allow a refund, the refund will be credited to your FIXED account. The funds credited to your account will have no cash value and are not redeemable for cash or cash equivalents; only for services provided through FIXED. 

Customers of FIXED who are eligible, in FIXED’S sole discretion, shall be granted a refined which is credited to that Customer’s FIXED account. The funds credited to the Customer’s account will have no cash value and are not redeemable for cash or cash equivalents; only for services provided through FIXED. 

No Interest. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.

Information you provide to us. If you submit a request for Service Provider services and when you open or confirm your FIXED account, you will be asked to disclose certain information about yourself and your service requirements. You agree to provide us with accurate and complete information and to keep it updated, complete and correct. You certify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a name or telephone number that is not your own. If we believe that any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not correct or update such information.

If you knowingly provide false information, including any name, telephone number or other contact information that is not yours (whether it's someone else's or just made up), or if you fail to keep the information in your FIXED account current and correct, you agree to fully indemnify and to hold harmless FIXED and each Service Provider or other party who relies on that false or incorrect information for any claims (including claims under the federal Telephone Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys' fees) incurred by the affected parties in connection with the false or incorrect information. 

9. SUBMITTING CONTENT

As a condition of submitting any Content or other materials to the Platform, Sites or Services, you agree that:

  1. You grant to FIXED a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;

  2. You grant to FIXED all rights to photograph, use, reproduce, copy, distribute, display, refer to or rely upon, any item estimated for repair, or item which was the subject of repairs, through FIXED. 

  3. You grant to FIXED all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;

  4. You grant to FIXED all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;

  5. Your name and report information may be made available to the public and to the Service Providers on which you report;

  6. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, FIXED, and others as described and otherwise contemplated in these Terms of Use;

  7. You represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;

  8. You are solely responsible for your reviews and ratings;

  9. FIXED may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;

  10. You will not submit any reviews that may be considered by FIXED to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;

  11. All of your reviews and ratings will either be based upon (i) your true and actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a Service Provider;

  12. All of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;

  13. You do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;

  14. You have not received any form of compensation to post reviews and ratings;

  15. You will not submit reviews that comment on other users or the reviews of other users;

  16. You will not submit reviews with hyperlinks; or

  17. The reviews and ratings that you provide do not reflect the views of FIXED, its officers, managers, owners, employees, agents, designees or other users.

8. PUBLICATION AND DISTRIBUTION OF CONTENT

FIXED does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that FIXED simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that FIXED does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with the use of any Content and Service Provider Content.

You further acknowledge that FIXED has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other FIXED member or any Service Provider. However, FIXED reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks of the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will FIXED be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against FIXED relating to Content or Service Provider Content, and release FIXED from any and all liability for or relating to any Content or Service Provider Content.

You agree that FIXED may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that FIXED has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that FIXED has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. SERVICE PROVIDERS

FIXED does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. FIXED does not perform Pro Services and disclaims all liability with respect thereto. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. FIXED does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not FIXED’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that FIXED will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. FIXED does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.

You agree that FIXED has not warranted or guaranteed the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against FIXED relating to any interactions or dealings with any Service Provider, and release FIXED from any and all liability for or relating to any interactions or dealings with Service Providers.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that FIXED shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the FIXED Sites and Services.

Any quote or estimate prepared or produced by any Service Provider is only a guide, until Customer signs the estimate, at which time it becomes a binding contract. The fact that Customer has signed an estimate, is not a guarantee of the actual cost of your specific project or the specific goods or services. When a Home Service Provider provides you with products, services or advice, your rights will be governed by your contract with the Service Provider and by applicable law.

10. TERMINATION

FIXED may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that FIXED reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that FIXED may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to FIXED.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

11. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by FIXED, located at 4683 Parkwood Drive, Erie, PA 16510. If You have any questions, concerns, or complaints regarding the Services, please contact FIXED by either visiting https://fixedhhs.com or sending a letter, first class certified mail, to FIXED at 4683 Parkwood Drive, Erie, PA 16510.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

12. TRADEMARKS AND COPYRIGHTS

FIXED, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of FIXED in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of FIXED and/or its licensors and are protected by all United States and international copyright laws.

13. NOTICES

You agree that FIXED  may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to FIXED will be provided by sending a letter, first class certified mail, to ADDRESS, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent. 

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), FIXED will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

FIXED

4683 Parkwood Drive

Erie, PA 16510

Email: support@fixedhhs.com

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

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

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

  3. 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 us to locate the material;

  4. Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;

  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FIXED will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

14. DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. FIXED is not responsible for any delays, failures or other damage resulting from such problems.

15. USER FEEDBACK

FIXED appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of FIXED. In addition, none of the Submissions will be subject to any obligations of confidentiality and FIXED will not be liable for any future use or disclosure of such Submissions.

16. WARRANTIES AND DISCLAIMERS

You acknowledge that FIXED has no control over, and no duty to take any action regarding: which Users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release FIXED from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. FIXED makes no representations concerning any content contained in or accessed through the Sites and Services, and FIXED will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. FIXED makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER FIXED NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF FIXED, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL FIXED OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL FIXED OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIXED OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, FIXED DOES NOT REPRESENT OR WARRANT THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FIXED’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

FIXED SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FIXED HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

FIXED has no control over and no duty to take any action regarding: other users’ behavior; what effects Content or Pro Services may have on you; how you may interpret or use Content or Pro Services; or what actions you may take as a result of having been exposed to Content or Pro Services. You release FIXED from all liability for you having acquired or not acquired Content through the Sites and Services. FIXED makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and FIXED will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because FIXED has no control over such sites and resources, you acknowledge and agree that FIXED is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that FIXED shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. INDEMNITY

You agree to indemnify, defend and hold harmless FIXED, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to FIXED or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. FIXED will have sole control of the defense of any such damage or claim.

18. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIXED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FIXED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (iv) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (v) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (vi) ANY OTHER MATTER RELATING TO THE SERVICE; (vii) ANY BREACH OF THIS AGREEMENT BY FIXED OR THE FAILURE OF FIXED TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (viii) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

The Service Providers understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your FIXED’s subscription Fee. THEREFORE, TO THE EXTENT FIXED IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, FIXED’s LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR SUBSCRIPTION FEE (I.E., THE AMOUNT OF YOUR ANNUAL SUBSCRIPTION FEE DIVIDED BY TWELVE).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FIXED CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF SUBSCRIPTION FEES TO FIXED THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR FIXED, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF FIXED TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY FIXED. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF FIXED TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY FIXED. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT FIXED SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

19. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES

You understand that the content in each report or record on FIXED has significant value to FIXED and that the damage caused to FIXED for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of FIXED’s damages for the specified breaches of these Terms of Use:

If you post Content in violation of these Terms of Use, you agree to promptly pay FIXED One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.

If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.

If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.

If FIXED takes legal action against you as a result of your violation of these Terms, then FIXED will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the FIXED, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

20. ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and FIXED. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and FIXED regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to FIXED under these Terms of Use.

22. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any choice or conflict of law provision or rule (either of the State of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction. Any claims arising or related to these terms and conditions shall be filed either in the Court of Common Pleas of Erie County, or in the Courts of the Western District of Pennsylvania. 

23. MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with FIXED, FIXED may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. FIXED’s remedies are cumulative and not exclusive. Failure of FIXED to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

These Terms of Use are not assignable, transferable or sublicensable by you except with FIXED’s prior written consent. FIXED may transfer, assign or delegate the Terms and its rights and obligations without consent.

Users of these Sites and Services are responsible for compliance with all applicable regulations and laws.

Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

No joint venture, partnership, employment or agency relationship exists between you and FIXED as a result of these Terms of Use or use of the Sites and Services.

You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use, and that otherwise, there will be no third-party beneficiaries to these Terms.

Other than payment obligations, neither FIXED nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities or materials, blackouts, epidemics, pandemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.

You agree that FIXED may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, FIXED, Consumers, Service Professionals, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from FIXED, Consumers, Service Professionals, or other individuals you also consent to the use of an electronic record to document your agreement. 

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by FIXED on the Platform, will constitute the entire agreement between you and FIXED concerning the Platform or Pro Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.

No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term, and FIXED’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations will not apply to residents of New Jersey.

The section headings in these Terms are for convenience only and have no legal or contractual effect.