The Fixii Pro inc., websites and mobile messenger application (the “Application") is owned and operated by Fixii,, a Delaware company. The Application provides a technology platform that allows you to arrange for and schedule a third-party independent home service provider (a “Third Party Provider”) to provide you Third Party Home Services (collectively, the “Services”). “Third-Party Home Services” may include heating, cooling, electrical, plumbing and other miscellaneous home repair and improvement services. You acknowledge that Fixii Pro inc., does not actually provide the Third-Party Home Services, but simply provides a forum in which you can engage one or more Third Party Providers.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
You must be eighteen (18) years of age or older to use the Application. You may not use the Application and should not register with or submit your contact information to the Application if you are less than eighteen (18) years of age.
You will be required to register with the Application in order to access the features of the Application and obtain the Services. You will choose or be assigned a unique identifier and a password through the Application’s registration process, or you can choose to access your account through your Facebook® username and password.
You are solely responsible for keeping your unique identifier, password, and all account information confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account and/or of any other breach of security. Owner cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
LICENSE GRANT We hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Application and any related materials solely for your use of the Services. You shall only have the right to use the Application for first party transactions (where you are the one engaging a Third-Party Provider for the Third-Party Home Services), and you shall have no right to use the Application to procure Third-Party Home Services on behalf of others. All rights not expressly granted to you are reserved by us and our licensors.
INTELLECTUAL PROPERTY RIGHTS The Application is the property of Owner, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not use the Application in any manner or for any purpose that would constitute infringement of Owner’s or our licensors’ intellectual property rights.
OWNERSHIP OF CONTENT POSTED OR SUBMITTED THROUGH THE APPLICATION Between you and Owner, you are the owner of any and all images, content or ideas that you disclose, post, communicate to other users, or otherwise communicate or submit to us through the Application or other electronic means (the “Your Content”). By posting, uploading, inputting, providing, or submitting Your Content, you represent and warrant that you own or otherwise control all rights to Your Content as described in this section. This includes, without limitation, all rights necessary for you to provide, post, upload, input, or submit Your Content and grant the license below.
We do not claim ownership of Your Content. However, by posting, uploading, inputting, providing, or submitting Your Content on the Application, you are granting Owner, its affiliated companies and its sublicensees an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use Your Content for any purpose. This includes, without limitation, the rights to use Your Content in furtherance of any commercial purpose, and to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, publicly display, distribute, translate and reformat Your Content.
No compensation will be paid to you for our or our sublicensees' use of Your Content. We have no obligation to display, post or use Your Content and may remove Your Content from the Application at any time in Owner’s sole discretion.
The following activities are expressly prohibited from the Application:
a. Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
b. Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
c. Using or submitting any offensive content, including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
d. Engaging in activity that compromises the Application. Such activity may include, but is not limited to, hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, data mining, and mail bombing or crashing.
e. Engaging in any activity designed to impede the use of the Application by other users, including overloading and flooding.
f. Framing or deep linking into the Application.
g. Accessing the Application by means of automated process, spiders, bots, or similar device.
USER SUSPENSION AND/OR TERMINATION
LINKS TO THIRD PARTY SITES
Any links to other websites not owned or operated by Owner are provided solely as a convenience for you. Owner’s listing of any third party does not create a partnership or affiliation with the third party. Owner’s listing of any third party does not constitute sponsorship and/or endorsement of these professionals or service providers. You shall make a competent consumer decision before purchasing goods or obtaining the services of any listed third party or service provider. You bear all risk associated with the employment of any third party and obtaining their goods or services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Application, you agree that you will not use the Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Application in any manner which could damage, disable, overburden, or impair the Application, or interfere with any other party’s use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Applications.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APPLICATION AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTINGs OF THIRD-PARTY GOODS OR SERVICE PROVIDERs INCLUDED IN THE APPLICATION. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERs are SUPPLIED AS A CONVENIENCE TO THE USER, AND the LISTING of such DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. OWNER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, AND content OR IMAGES SUBMITTED OR POSTED ON THE APPLICATION IN TERMS OF ITS ownership, validity, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE, INCLUDING CONTENT AND IMAGES POSTED BY USERS OF THE APPLICATION.
You acknowledge that third party providers provide peer-to-peer services and may or may not be registered or licensed as a service provider.
By providing THE SERVICES on the application, owner does not in any way promise that the SERVICEs will remain available to you. owner is entitled to terminate all or any part of the application at any time in its sole discretion without notice to you.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL OWNER AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES, IMAGES AND CONTENT OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OWNER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
OWNER SHALL HAVE NO LIABILITY TO YOU FOR THE SERVICES PROVIDED BY A THIRD PARTY PROVIDER, AND YOU WAIVE ALL CLAIMS AGAINST OWNER FOR THE ACTIONS OR INACTION S OF ANY THIRD PARTY PROVIDER THAT YOU ENGAGE THROUGH THE SERVICES.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, OWNER’S AGGREGATE LIABILITY TO ANY USER OF THE APPLICATION SHALL BE LIMITED TO TWO HUNDRED DOLLARS ($200).
ALTERNATIVE DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be St. Louis, MO, and Delaware law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner’s copyright agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. Description of the copyrighted work that you claim has been infringed;
c. The location on the Application of the alleged infringed material;
d. Your address, telephone number, and e-mail address;
e. A statement that your claim of infringement is based on a good faith belief; and
f. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Owner’s copyright agent for notice of claims of copyright infringement on the Application can be reached as follows: firstname.lastname@example.org