IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY. FIXLERS PROS: FIXLERS IS NOT LIMITED TO ARBITRATION AS TO ACTS OF FRAUD OR OTHER WILLFUL MISCONDUCT BY YOU, WHICH FIXLERS MAY ADDRESS BY ALL LAWFUL MEANS.
References to Fixlers (or “we” or “us”) in the Terms include Fixlers service providers or suppliers, to the extent that such service providers or suppliers are acting for or on behalf of Fixlers with respect to any aspect of the Platform. For the avoidance of doubt, this does not include “Fixlers Pros”, all of whom act on their own behalf and not for or on behalf of Fixlers.
Changes to Terms. We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent. If you are accessing and using the Platform, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. If you are accessing and using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, "you" and "your" will refer to both you and that entity.
Other Program Terms. Certain programs offered by Fixlers through the Platform may have additional terms and conditions (the “Additional Program Terms”). If you elect to participate in one of these programs, Fixlers will communicate the applicable Additional Program Terms to you. By participating in that program, you acknowledge that you have read, understood, and agree to be bound by, the Additional Program Terms, which will be deemed to be a part of the Terms.
Services We Provide. Fixlers connects homeowners and other users of the Platform (each, a "Consumer") with third party providers (each, a “Fixlers Pro”) of home-related services (collectively, “Home Services”).
Fixlers facilitates communication and transactions between Consumers and Fixlers Pros. Through the Platform, Consumers can search and request estimates for, book, manage and/or pay for a wide variety of Home Services. Consumers can access Fixlers Pros and Fixlers Pros can make their Home Services available to Consumers, in response to project requests or inquiries. Fixlers does not provide Home Services.
No Responsibility, Endorsement or Guarantee for Fixlers Pros; Estimates. Fixlers does not deliver, and is not responsible for, any Fixlers Pro’s products, services or advice. Fixlers is not an agent of any Fixlers Pro, and Fixlers Pros are not employees or agents of Fixlers. Fixlers does not sponsor, endorse, recommend or approve any Fixlers Pro. While we try to confirm that Fixlers Pros meet certain requirements, we cannot and do not represent or warrant that any Fixlers Pro is licensed, qualified, bonded, insured or capable of performing any service. Except as expressly provided in our Fixlers Guarantee, we do not make any guarantees, warranties or representations of any kind regarding any Fixlers Pro or any products, services or advice of any Fixlers Pro, and we will not be responsible for any action or inaction of any Fixlers Pro. Any reference to or use by any Fixlers Pro of any aspect of the Platform, or of trademarks or other brands or names of Fixlers, does not in any way change the disclaimers by Fixlers regarding Fixlers Pros as described in this paragraph. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Platform can match a Consumer’s service needs with a Fixlers Pro or that Fixlers Pros capable of and willing to meet a Consumer’s service needs will be available as and when needed. Any quote or estimate provided in connection with a request for Home Services is only a guide, not a contractually binding offer, and is not a guarantee of the actual cost of your specific project.
User Account. Account registration is required for Consumers to receive or use aspects of the Platform including access to Home Services. When you open or confirm an account, you will be required provide us with specified personal information, which may include your name, address, mobile phone number, and (if applicable) credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.
Charges. Fees and other charges (including any cancellation fees) for Home Services (“Charges”) are listed on the Platform. You will be informed of Charges before Home Services are provided. When Fixlers Pros perform Home Services for you, you will be charged at the listed rates for the Home Services they provide Fixlers is not responsible for and does not guarantee the amount or terms of Charges. Any information provided by Fixlers regarding promotional offers, discounts or other terms relating to Charges is solely for informational purposes. You should confirm Charges each time you request or contract for products or services. Applicable sales tax will be added to all Charges where required by law.
Payment. Charges are immediately due and payable upon provision of the applicable Home Services. All payments are required to be made by credit card and will be processed by Fixlers (on behalf of the applicable Fixlers Pros) using Stripe or such other third party payment processing vendor(s) as Fixlers may select. You authorize Fixlers (and such other vendors) to charge any on-file credit card or other previously approved methods of payment to pay all 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 Fixlers, and you understand that initiating a chargeback does not extinguish your obligation to pay.
Refunds; Credits. All payments by Consumers are final and non-refundable. Fixlers may, however, in limited circumstances and in its sole and absolute discretion, elect to provide a refund or credit toward future services. Any payment which Fixlers has elected to refund will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
No Interest. You acknowledge and agree that any funds in your account within the Platform will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Platform.
Inactive Accounts. If a Consumer account remains inactive for one year or more, Fixlers reserves the right to terminate the account, including any credits, incentives, rewards or the like associated with the account.
Your Consent to Receive Automated Calls/Texts. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages:
Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services.
We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.
Grant of Limited License to Consumers. We hereby grant you, as a Consumer, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Platform for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms.
Grant of Limited License to Fixlers Pros. We hereby grant you, as a Fixlers Pro acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Platform for the purpose of providing information and Home Services to Consumers as contemplated by the Platform, subject to your compliance with the Terms.
The Platform and Fixlers’ Marks are Protected. The Platform, including all materials, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of Fixlers (collectively, the "Content"), are the proprietary property of Fixlers and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services. Except for the limited license explicitly granted to you under the Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Platform (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any Content contained on or in any aspect of the Platform through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that Fixlers does not intentionally make available through the Platform. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Platform are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Consumers or Fixlers Pros for any purpose.
No Improper Uses. You may not frame any part of the Platform. You may not use, or attempt to use, the Platform through any means not explicitly and intentionally made available, provided or intended with respect to the Platform (including attempting to gain unauthorized access to any portion of the Platform, the related services, or any other systems connected to the Platform and related services). You may not use or access the Platform or related services in any manner that could damage, disable, overburden, or impair any aspect of the Platform or that could interfere with the rights of or otherwise harm Fixlers, our service providers or suppliers, Fixlers Pros, other Consumers or any other person.
No Objectionable Conduct. You agree that, in using the Platform and interacting with Fixlers, Fixlers Pros and/or Consumers (as the case may be), you will not (i) engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements; (ii) engage in deceptive or fraudulent behavior; (iii) infringe or violate the privacy rights, property rights or any other rights of any person or entity; or (iv) violate any applicable law, rule or regulation.
Accurate Information. If you are a Consumer, you will be asked to disclose certain information about yourself and your service requirements when you submit a request for Home Services and/or when you open or confirm your Fixlers account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a telephone number that is not your own. If we discover 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.
Modification of Platform Services. We reserve the right to modify, restrict access to, or discontinue the Platform (or any portion of the related services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Platform or related services. Unless explicitly stated otherwise, any new features that augment or enhance the current Platform or related services shall be subject to these Terms.
Termination; No Right to Platform Access. We reserve the right to refuse Platform access to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Platform and related services, in whole or in part, and to terminate, limit or prevent any Consumer’s or Fixlers Pro’s future access to and use of the Platform and related services, for any at any time and for any reason (including those specifically described in these Terms).
Collected Data Definition. You agree and acknowledge that Fixlers, Fixlers Pros and other Consumers may collect data, text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, "Information") before, during, and after the provision of Home Services or Platform services, or otherwise in connection with Home Services or Platform services (individually and collectively, "Collected Information"). If you (or your agents or authorized representatives) order a Fixlers product and provide your Information to be used in that product (for example, if your inspection data is provided to Fixlers to create a repair estimate report), then Collected Information includes the provided Information.
You Are Responsible for User Submissions. The Platform may permit you and other Consumers and Fixlers Pros to submit Information (individually and collectively, "User Submissions"). The person submitting a User Submission, and not Fixlers, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if a Fixlers Pro provides you with advice or other information, the Fixlers Pro (and not Fixlers) is solely responsible for that advice and information. You acknowledge and agree that Fixlers has no obligation to pre-screen your or any other person’s User Submissions.
Knowingly submitting false names or contact information, or not keeping your contact information updated, not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Fixlers and our service providers and partners. Accordingly, if you knowingly input false information in connection with a service request, 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 Fixlers account current and correct, you agree to fully indemnify and be liable to Fixlers and each Fixlers Pro or other party who accepts that service request for any claims (including claims under the Federal Telephone Consumer 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. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
Limited Disclosure of User Submissions. Fixlers will not display the address of projects or precisely pinpoint the project location on a map to all Consumers. However, Fixlers and its licensees may display the address and other Consumer Submissions associated with a given project to a limited audience, including the homeowner of that address, Fixlers Pros, and other third parties involved in the Services. You further acknowledge and agree that the description of the project for which you request Home Services, all information contained in any reviews of Fixlers Pros that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
Do Not Post Illegal, Harmful, or Prohibited Content. You agree not to post, submit or link to any User Submissions or material that (i) is prohibited under the section above entitled Permissible Use/No Objectionable Conduct; (ii) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Platform services or Home Services; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iv) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Reviews of Fixlers Pros. You may only post a review of a Fixlers Pro if you have first-hand knowledge of the services provided by such Fixlers Pro (that is, such Fixlers Pro provided Home Services to you). You may not accept anything of value from a Fixlers Pro in exchange for posting a review. You may not post or submit a review of a Fixlers Pro if you are (i) an employee, contractor, partner of, or otherwise affiliated with, such Fixlers Pro, (ii) an employee, contractor, partner of, or otherwise affiliated with, a competitor of such Fixlers Pro, or (iii) related to such Fixlers Pro, including by blood, adoption or marriage. You agree that any review that you post or submit will be honest and factually accurate.
Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.
Suggestions. If you elect to provide or make available to Fixlers any suggestions, comments, ideas, improvements or other feedback relating to the Platform, Home Services or otherwise (“Suggestions”), Fixlers will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Accuracy of Information. Fixlers makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Platform or provided through Platform services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Platform, when we are notified or otherwise become aware of such inaccuracy. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Platform or related services.
Third Party Materials and Intellectual Property. The Platform may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third-Party Materials"), and Third-Party Materials may be provided on the Platform as part of the Platform services. These Third-Party Materials are not owned or controlled by Fixlers. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Fixlers. All non- Fixlers trademarks, product names and logos appearing on our Platform are property of their respective owners.
Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Platform or related services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notification to Fixlers at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Platform or related services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Attn: Legal Department [ADD address, email and tel #)
The Platform is provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Fixlers Parties disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Platform and your use of or transactions with Fixlers, Consumers, Fixlers Pros or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
In no event will the Fixlers Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Platform and your use of, or transactions with, Fixlers, Consumers, Fixlers Pros or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not Fixlers is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event will the collective liability of the Fixlers Parties arising out of or in connection with the Terms, the Platform, and your use of, or transactions with, Fixlers, Consumers, Fixlers Pros or other third parties exceed the lesser of (a) the amount you have paid to Fixlers for use of the Platform in the preceding 6-month period or (b) $250.
Any claims against a Fixlers Party relating to the Services, the Terms or any of the matters referenced in the preceding paragraph must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Fixlers Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (2) your transactions with Consumers, Fixlers Pros or other third parties, or (3) any violation by you of any of the Terms or other agreement between you and us or applicable laws. Fixlers reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fixlers in asserting any available defenses.
You agree that you bear all risk and, in consideration of your access to and use of the Platform, you hereby release Fixlers, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the "Fixlers Parties") from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform and your use of, or transactions with, Fixlers, Consumers, Fixlers Pros or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under the statutory or non-statutory law of any jurisdiction relating to the release of claims, rights or benefits of which you may be unaware, to the full extent that you may lawfully waive all such claims, rights and benefits.
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of any aspect of the Platform or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (for Consumer Disputes) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Rockland County, New York or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Rockland County, New York for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in Westchester County, New York. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and Fixlers may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and New York state law, without regard to conflict of law provisions.
A Consumer’s rights under an agreement with a Fixlers Pro will be governed by the terms of that agreement and by applicable federal, state, and local laws.
Attorneys’ Fees. If any of the Fixlers Parties take legal action against you as a result of your violation of these Terms, the Fixlers Parties 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 Porch Parties.
Construction. All references to “dollars” or “$” in the Terms or on the Properties refer to United States dollars. Unless otherwise indicated, the words “include,” “includes” and “including,” when used in the Terms, shall be deemed in each case to be followed by the words “without limitation.”
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Fixler's prior written consent, but may be assigned by Fixlers without restriction and without notice to you.
Entire Agreement and Severability. The Terms (which, as noted above, include any applicable Additional Program Terms) constitute the entire agreement between you and Fixlers concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Fixlers with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fixlers' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the Fixlers Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Program Terms.
Export Control. 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.
Contact Us. If you have questions about these Terms, please contact us by email at support@Fixlers.com or in writing at _____________________.