Terms & Conditions
We have made revisions to these Terms, effective February 14th, 2020. By continuing to use our services or this Site after February 14th, 2020, you agree to the modified Terms.
Welcome to FIXD REPAIR! We are a technician referral service that connects homeowners with highly-rated service technicians and provides home warranty plans where available. The technician referral service is on-demand and available only where technicians have been qualified by FIXD REPAIR, LLC to perform such services.
Acceptance of Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. PLEASE NOTE THAT THESE TERMS INCLUDE A MUTUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES, A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. THESE TERMS ALSO DESCRIBE THE METHOD IN WHICH YOU MAY OPT-OUT OF THE ARBITRATION PROVISION.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms and Conditions. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.
The FIXD REPAIR Services are not directed to children under age 18. To register for an account, you must be at least 18 years old (or the age of majority, as determined by the laws in the state in which you reside, whichever is older). You affirm that you are at least 18 years old and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity with these Terms. In that situation, “you” and “your” will refer to both you and that entity. FIXD REPAIR reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.
FIXD REPAIR may, at its sole discretion, change these Terms from time to time. It is your responsibility to check the Terms of Service periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms of Service means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by FIXD REPAIR. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Using the FIXD REPAIR Services
Access via FIXD REPAIR App: You may download and use the FIXD REPAIR App, which is subject to these Terms of Service. Via the FIXD REPAIR App, you will be able to book Service Orders, access your invoice(s), manage your account, and receive notifications on the location and arrival time of the Service Professional en route to perform your Service.
Booking your Service Order: You may book your FIXD REPAIR Service Order through www.fixdrepair.com, through the FIXD REPAIR APP, or by calling FIXD REPAIR customer service at (844) FIXD-Now. Your Service Order will include the type and scope of work, the requested date and time of the work, the location at which the work will be performed, and the minimum fee, if applicable (collectively, “Service Order”). Under normal circumstances, Fixd will initiate Service within two (2) business days from the date on which you contact Fixd to request Service. Fixd will make reasonable efforts to process Service Orders on a first come, first served basis. If you request expedited Service or Service outside of normal business hours, you will be responsible for payment of additional fees, including overtime.
Personal Assistant Services: The personal assistance and customer satisfaction services available through Fixd Personal Concierge may be provided by phone, text, or email support and at the sole discretion of FIXD REPAIR.
Get an Estimate: After the Service Professional has arrived at your home, the Service Professional will further assess the issue and will then generate an estimate for the provision of the Services. You will be asked to review and authorize the estimate. An estimate will be valid for thirty (30) days from the date you receive it, provided that the circumstances surrounding the proposed Services do not substantially change during the thirty (30) day period. By agreeing to the estimate and authorizing the commencement of work, you are agreeing to a Service Order. If during the course of the work, the Service Professional determines that the work required is greater than what was initially contemplated, the Service Professional will advise you and generate a new estimate reflecting the increase in the scope of the Services covered by the Service Order and shall generate a new Service Order. If you approve the revised Service Order, the Service Professional will complete the work. If you do not approve the revised Service Order, the Service Professional will take reasonable efforts to complete some or all of the work specified on the original estimate, the pricing for which you had previously agreed to, or, if the Service Professional is unable to do so, to restore your home/premises to the condition it was in prior to the arrival of the Service Professional.
Your Responsibilities: If you book an appointment, you agree that: (a) you have the right to grant the Service Professional access to the premises to perform the Services; and (b) you will have a representative who is 18 years or older present at all times while the Services are being performed, who is authorized to approve the Service Order and agree to these Terms of Service. You are responsible for securing all permits, licenses and/or renewals required by any government authority for FIXD REPAIR to complete your Service Order. You are also responsible for all fees, taxes, assessments and charges associated with any required permits, licenses and/or renewals. FIXD REPAIR will reasonably assist you where applicable in responding to requests for information from the permit, license and/or renewal-issuing government authority. You are responsible for providing your Service Professional with a copy of all necessary permits, licenses and/or renewals issued by the government authority. If your address at which the Service Order will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the delivery of the Services, you agree to advise your Service Professional. You are responsible for ensuring that work areas are free of preexisting physical or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes. You agree to control and keep pets away from work areas. You agree to keep posted permits on display at all times to the extent required by applicable law. You agree that if you or anyone you control interferes with or delays the Services, you may be subject to transportation/storage charges or other resulting charges. YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF MATERIALS OR WITH INSTALLATION.
Cancelling your Service Order: You may cancel a Service Order without incurring any fees or penalties any time no less than twenty four (24) hours prior to the time that the Service Professional has commenced travel to the premises to perform the Services. If you wish to cancel after the Service Professional has commenced travel to your premises but before the Service Professional begins to perform Services, you may be liable for a minimum fee (“Service Call Fee”), if applicable, and you will be advised of such at the time you book your Service Order. Service Call Fees are due whether or not the Service is ultimately performed and regardless of whether a claim is approved or denied. Failure to pay the Service Call Fee will result in suspension of warranty coverage until the fee is paid. At that time, warranty coverage will be reinstated but the Agreement period will not be extended. Once you agree to the Estimate and the Service Professional begins to perform Services, if you cancel the Service Order, you will be responsible to pay for the full amount agreed to in the Estimate, regardless of whether the Services are completed.
Payment: Creating a FIXD REPAIR account is free. However, we do charge fees for certain services. In your account, you are able to enter credit card or other payment information to facilitate payment upon the conclusion of a Service Order or upon confirmation for Concierge Services. When you use a Service that has a fee you will have an opportunity to review and accept the fees that you will be charged. If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the Site or by email. You are responsible for paying all fees and taxes associated with your use of the Services.
Upon the conclusion of any Service Order or upon confirmation for Concierge Services, you will pay FIXD REPAIR in full for the Services by credit or debit card through the website or mobile application. If payment is not made, the amount owed shall incur interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until all amounts owed, including the interest, have been paid in full. In addition, in any dispute over the collection of any amounts owed hereunder, the prevailing party shall be entitled to recover its reasonable legal fees and expenses.
Registration and Eligibility to Use the Services
You must be at least 18 years old (or the age of majority, as determined by the laws in the state in which you reside, whichever is older) to register for an account. FIXD REPAIR reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.
You may view Content (as further defined below) on the Site without registering, but as a condition of using certain aspects of the Service, including scheduling a Service Order, you are required to create a FIXD REPAIR account and select a screen name (“User ID”) and password. You represent and warrant that you will provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account.
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to feedback@FIXDREPAIR.com immediately.
You shall not use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. If for any reason FIXD REPAIR determines that you have failed to follow these rules, we reserve the right to terminate your account, suspend or terminate your Service Order(s), and prohibit any and all current or future use of the Site (or any portion thereof), the FIXD REPAIR App and Services by you, and if necessary bring a lawsuit against you for any damages caused by your inaccurate or false information.
FIXD REPAIR may, in its sole discretion, refuse to offer the Services to any person or entity for any or no reason and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
FIXD REPAIR cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an Account, you are still subject to the terms and conditions set forth in these Terms of Service covering the delivery of the Services.
Fixd Personal Concierge
FIXD REPAIR may offer certain personal assistant and customer satisfaction services to participating users such as completing specific tasks requested by the user, or from time to time make certain suggestions related to a users inquiry. Such personal assistant services may be provided by phone, text, or email support and at the sole discretion of FIXD REPAIR.
Promotional Discounts and Incentives
From time to time, FIXD REPAIR may provide you with promotional discounts – for example, as an incentive to use FIXD REPAIR Services, to establish a FIXD REPAIR account or to refer a friend to sign up with FIXD REPAIR. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions ,and may be cancelled at any time in Fixd’s sole discretion.
Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Service is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
We reserve the right to suspend or terminate Users. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
Termination of Usage
FIXD REPAIR reserves the right to change, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. You agree that FIXD REPAIR shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services. FIXD REPAIR may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You have the ability to terminate your account at any time for any reason. Correspondingly, FIXD REPAIR can terminate or delete your account or otherwise suspend your access to the Services at any time and for any reason. FIXD REPAIR also has the right to remove or modify your content, at any time subject only to FIXD REPAIR’s reasonable discretion. FIXD REPAIR’s decision to terminate your Account and your access to our website can be done with or without cause and without notice.
You acknowledge and understand that these Terms survive termination of your account, including our rights regarding any content you submitted to the website before your account was terminated. Following termination of your account, however, your license to use FIXD REPAIR Content automatically terminates, and FIXD REPAIR has no obligation to provide you with use of the Site. You agree that even upon termination of your account any fees paid to FIXD REPAIR are non-refundable. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion on another website of any link to the Services does not imply control of, endorsement by, or affiliation with FIXD REPAIR. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that the FIXD REPAIR Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. FIXD REPAIR expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including those found on or through Fixd Personal Concierge, payment for and delivery 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 the FIXD REPAIR Parties shall not be responsible or liable 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 advertisers on the Services.
Fixd Repair Intellectual Property and User Content
Through the Site, App, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Service (collectively, “Users”) may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
Our content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable, non-sublicensable license to use the website and our content solely for legally permitted activities related to our Services as outlined in these Terms.
You are also granted a limited license to reproduce content from the Services for personal use. This license is limited to FIXD REPAIR’s own content and user-generated content. This license is non-exclusive, non-sublicensable, and non-transferable on a worldwide basis. If you want to use any of our content in any way that is for a commercial purpose, you need prior written permission from FIXD REPAIR or the relevant copyright holder. We define a “commercial purpose” as your use of our content in any way for your financial gain.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services or the Service Professional. FIXD REPAIR shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site, the FIXD REPAIR App, or on FIXD REPAIR’s social media pages (collectively, “Feedback”) and it may share with any of its affiliates. FIXD REPAIR will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site, App, or elsewhere. Without limitation, FIXD REPAIR will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not FIXD REPAIR, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
To the extent that you decide to post any content (“User Content”), including Feedback, on the Services or on FIXD REPAIR’s social media pages, you agree not to, and shall not permit any third party using your account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. Specifically, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant FIXD REPAIR all of the license rights granted herein. FIXD REPAIR may refuse to accept or transmit User Content. Additionally, FIXD Repair shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of FIXD REPAIR or any third party; or that impersonates any person or entity, including any employee or representative of FIXD REPAIR. Additionally, you shall not take any action that imposes or may impose (as determined by FIXD REPAIR in its sole discretion) an unreasonable or disproportionately large load on FIXD REPAIR’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures FIXD REPAIR may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
We reserve the right to remove any Feedback, including any unfavorable feedback. If you are a present or former employee, an employer, an immediate family member, or if you have any relationship to the Service Professional beyond that of a consumer, and you post Feedback about the Service Professional, you agree to fully disclose your affiliation with the Service Professional in any Feedback you post on the Services. If you received any consideration of any kind from a Service Professional for posting Feedback on the Services, you will fully disclose this in the review. You also agree not to post any personally identifiable information in any review.
Other than Feedback, as between us and you, you own, or have obtained the right to post, all of the content and information that you post or share on the Site. By posting any User Content, you hereby grant us a royalty free, fully paid up, perpetual, irrevocable, fully sublicensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your User Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote FIXD REPAIR, the Services and/or the Service Professional. We may exercise our rights anywhere in the world.
You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Claims of Copyright Infringement
FIXD REPAIR complies with the Digital Millennium Copyright Act (DMCA). FIXD REPAIR will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify FIXD REPAIR’s Copyright Agent by email at copyright@FIXDREPAIR.com or by mail to Agent for Notice c/o FIXD REPAIR, 4514 Travis St. Suite 200, Dallas, TX 75205 Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, sufficient for FIXDREPAIR to locate the material; your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, FIXD REPAIR has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. FIXD REPAIR also may terminate User accounts even based on a single infringement.
FIXD REPAIR respects the trademark rights of others and will remove infringing materials in accordance with the FIXD REPAIR policies. Before reporting a claim of trademark infringement to FIXD REPAIR, owners should make every attempt to resolve a trademark dispute with the person who posted the content by messaging them directly. If contact with the creator is unsuccessful and you wish to submit a claim of trademark infringement, please notify FIXD REPAIR by emailing us at copyright@FIXDREPAIR.com. Your email must contain the following information:
- Company name (trademark holder)
- Description of trademarked word or symbol
- Registration number and office of registration (e.g., USPTO, state registration)
- URL of infringing project
- Specific details of infringement
- Your full legal name
- Your email address
- Your title
- Company street address
- A statement that you understand that we may provide third parties, >- including the affected user, with a copy of this complaint
- A statement under penalty of perjury that you have a good-faith belief that the challenged material violates your rights
- A statement under penalty of perjury that the information in this complaint is true and correct and that you are the trademark owner or are authorized to act on the trademark owner’s behalf
FIXD REPAIR may, in its sole discretion, terminate User accounts that infringe the intellectual property rights of others.
Site and Mobile Application
YOUR USE OF THE SITE OR MOBILE APPLIACTION IS AT YOUR SOLE RISK. THE SITE, MOBILE APP, AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, FIXD REPAIR AND ITS AFFILIATED COMPANIES AND THE SERVICE PROFESSIONALS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “FIXD REPAIR”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SITE AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE R REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. FIXD REPAIR MAKES NO WARRANTY THAT (I) THE SITE OR MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR MOBILE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MOBILE APPLICATION WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SITE OR MOBILE APPLICATION WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SITE AND MOBILE APPLICATION 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, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIXD REPAIR PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): FIXD REPAIR MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR MOBILE APPLICATION OR ANY WEBSITE LINKED TO THE SITE OR MOBILE APPLICATION. FIXD REPAIR will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the FIXD REPAIR’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. We do not endorse or recommend the services of any particular Service Professional. We do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The independent contractor Service Professionals are not employees or agents of Fixd, nor is Fixd an agent of the independent contractor Service Professionals.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE FIXD REPAIR BUYER Home Warranty Plan (THE “BUYER Home Warranty Plan”), THE FIXD REPAIR PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES REFERENCED, AVAILABLE, OR PURCHASED ON OR THROUGH THE SITE, THE FIXD REPAIR APP, FIXD PERSONAL CONCIERGE, OVER THE PHONE OR VIA A SERVICE PROFESSIONAL.
EXCEPT AS EXPLICITLY SET FORTH IN THE FIXD SERVICE STANDARD www.FIXDREPAIR.com/service-standard , WHICH MAY BE TERMINATED AT ANY TIME IN ACCORDANCE WITH ITS TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FIXD REPAIR PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE QUALITY OF THE SERVICES OR THE MATERIALS USED. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES FIXD REPAIR OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FIXD REPAIR AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IF IT IS DETERMINED THAT THE FIXD REPAIR PARTIES ARE LIABLE FOR DAMAGES, FIXD REPAIR’S AGGREGATE LIABILITY HEREUNDER, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO FIXD REPAIR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE UNLESS THE DAMAGES ARE COVERED BY INSURANCE, IN WHICH CASE THE LIMITATION SHALL BE EQUAL TO THE LIMITS OF LIABLITY OF SUCH INSURANCE.
Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL FIXD REPAIR, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Dispute Resolution and Arbitration
It is FIXD REPAIR’s goal that the Services meet your expectations and live up to our promises to you. Indeed, the FIXD Service Standard ( www.FIXDREPAIR.com/service-standard ) is FIXD REPAIR’s way of standing behind the Services. However, there may be instances when you feel that FIXD REPAIR has not fulfilled its obligations under the FIXD REPAIR Buyer Home Warranty Plan or you may have a different type of problem or dispute that needs special attention. In those instances, FIXD REPAIR will use best efforts to work with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with FIXD REPAIR, you acknowledge and agree that you will first give FIXD REPAIR an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to: dispute@FIXDREPAIR.com or by mail to FIXD REPAIR, 4514 Travis Street, Suite 200 Dallas, TX 75205 Attention: Customer Service.
You then agree to negotiate with FIXD REPAIR in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after FIXD REPAIR’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Mutual Agreement to Arbitrate
YOU AGREE TO SUBMIT ANY DISPUTE BETWEEN YOU AND FIXD REPAIR OR ANY CLAIM OR CONTROVERSY RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES (INCLUDING ANY ALLEGED BREACH OF THESE TERMS) TO BINDING INDIVIDUAL ARBITRATION , EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services, any booked and performed Service(s), and these Terms of Service, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under these Terms of Service shall be conducted by the American Arbitration Association (the “AAA”). The AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. Regardless of the size of the claim, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
The arbitration shall take place in the state and county in which the Service was performed.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE BOTH UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES WE ARE GIVING UP ANY RIGHT THAT WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site, App, the Services, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
You agree that any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against FIXD REPAIR may be commenced only in the federal or state courts located in Dallas, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Indemnification and Release
You agree to release, defend, indemnify, and hold harmless FIXD REPAIR, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. FIXD REPAIR reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with FIXD REPAIR in asserting any available defenses.
If you are a California resident, you agree to waive California Civil Code Section 1542, which provides
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.
FIXD REPAIR shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond FIXD REPAIR’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with FIXD REPAIR’s prior written consent. Any assignment in violation of this section shall be null and void. FIXD REPAIR may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
Relationship of Parties
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect.
In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
Notice Policy and Your Consent
Under these Terms you are contracting with FIXD REPAIR, LLC, a Texas Limited Liability Company.
Notice should be addressed to FIXD REPAIR, 4514 Travis Street Suite 200, Dallas, TX 75205.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other FIXD REPAIR company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give notice by means of a general notice on the Site, App, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending or posting. You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advised from time to time, pursuant to this provision.
FIXD REPAIR’s Rights & Powers
FIXD REPAIR has the power to make changes to our Site, Mobile Application, and Service at any time without notice or liability. We also have the right to decide who can and cannot use FIXD REPAIR‘s Services. It is solely our right to decide whether we cancel accounts or decline to offer our Services. Similarly, we reserve the right to change our eligibility criteria at any time. We have the right to reject, cancel, interrupt, remove, or suspend any Service Order at any time and for any reason. And we are not liable for any damages as a result of any of these actions. FIXD REPAIR is not required to provide reasons for any of the above actions in this section.
Geographic Limits of Service
FIXD REPAIR makes no representation that materials contained on the Site or Mobile Application or products described or offered on or via the Site or Mobile Application are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not FIXD REPAIR Parties, are responsible for compliance with applicable local laws.
FIXD REPAIR reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
Except for the Arbitration Agreement set forth under Dispute Resolution and Arbitration, which is governed by the Federal Arbitration Act, these Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that FIXD REPAIR and its Services are deemed a passive website that does not give rise to personal jurisdiction over FIXD REPAIR or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Integration and Severability
These Terms and other referenced material, together with any Service Orders, approved estimates and invoices, constitutes the entire agreement between you and FIXD REPAIR with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and FIXD REPAIR with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
State Specific Terms
There may be additional state specific rights and obligations relating to the provision of the Services. Such rights and obligations shall supersede any terms to the contrary otherwise contained in these Terms of Service.
Texas: You have the right to file a written consumer complaint with the Texas Division of Licensing and Regulation at www.tdlr.texas.gov and/or with the Attorney General of Texas at www.texasattorneygeneral.gov.
If you have any questions regarding these Terms, please contact us at feedback@FIXDREPAIR.com or by mail at the address below:
FIXD REPAIR, LLC
4514 Travis St. Suite 200
Dallas, TX 75205
Attention: Customer Service
February 14th, 2020