Effective Date: 14 December 2021
The Fixable Corporation on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries including but not limited to Fixable, Inc. (collectively referred to as "Fixable", "we", "us", or "our"), Fixable makes certain home improvement related information available to you and/or facilitates your access to home improvement and related services ("Fixable Services"). Fixable owns and operates (i) various publicly available websites, including without limitation, fixable.com, fixable.pro, fixable.dev (collectively, "Websites") and (ii) various web-based and mobile applications that require you to create an account in order to use a Fixable Service (collectively, "Platforms").
By using the Websites and/or the Platforms, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all of the Websites and Platforms. Please print a copy of these Terms and Conditions for your records.
Fixable may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Fixable will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Websites. The amended Terms and Conditions will also appear when the Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Websites and Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.
You may access and use the Platforms via remote access connectivity. Fixable grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platforms in accordance with these Terms and Conditions. In order to use the Platforms, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the Platforms and you must not disclose this information to anyone. You must immediately notify Fixable of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms by email to email@example.com.
Fixable is not a licensed engineer nor are we a contractor. Fixable's role is limited to making certain home improvement related information available to you and/or facilitate your access to home improvement and contractor services. Fixable is independent from the "pros" and/or contractors who will be providing such services to you through the Platform and is not responsible for such contractors' acts, omissions or for any content of the communications made by them. Fixable does not engage in the practice of home improvement or provide any other contractor services.
By registering on the Platforms, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Fixable, (iii) the information you have provided to Fixable in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party's use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Fixable's or its vendors' security measures, (vii) if any information you provide to Fixable becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Fixable, (viii) you acknowledge that access to the services provided through the Platforms are not "insured services" or "licensed services", and (ix) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.
If you violate these Terms and Conditions, your ability to use the Websites and/or Platforms will be terminated. Fixable may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Fixable may have available at law. Further, Fixable shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms and Conditions you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
In using the Websites and Platforms, you agree not to:
Fixable is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. Fixable reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.
You may provide input, comments or suggestions regarding the Websites and Platforms or Fixable Services ("Feedback"). You acknowledge and agree that Fixable may use any Feedback without any obligation to you and you hereby grant Fixable a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Fixable may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of Fixable, and Fixable is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Fixable endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Fixable disclaims any and all liability for any information, including but without limitation, any home improvement or construction information set forth on linked sites.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Fixable. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and Fixable assumes no responsibility for the accuracy or veracity of any statement made by such third party.
You agree to defend, indemnify and hold Fixable, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Fixable Party and collectively Fixable Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to Fixable of any other information or data and the use of same by Fixable or other Fixable Party as contemplated hereunder.
IN NO EVENT SHALL FIXABLE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Fixable shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Fixable's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
The Websites and Platforms are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Fixable disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Fixable does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.
Fixable makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. Fixable assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites and/or Platforms.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Websites and Platforms are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 13. Fixable does not seek through the Websites or Platforms to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.
These Terms and Conditions are governed by the laws of New York. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of New York in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Fixable for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
You agree that Fixable has the right to monitor and review your use of the Websites and Platforms from time to time, and to use "cookies", "log files" and your "browsing data".
No delay or omission by Fixable to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Fixable must be in writing and signed by an authorized representative of Fixable.
These Terms and Conditions constitute the entire agreement between you and Fixable as it relates to the access to, and use of, the Platform and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Fixable and you.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Fixable's prior written consent. Fixable may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Fixable under the Terms and Conditions, please contact Fixable using the following contact details:
The Fixable Corporation
Fixable Privacy Officer
155 Saint Nicholas Ave.
Brooklyn, NY 11237
Fixable may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.