Updated Date: January 1, 2025
Thank you for visiting the Fix4Home website located at www.Fix4Home.com (the
"Site"). The Site is an Internet property of Adceptive Media FZCO ("Fix4Home," "we," “our” or "us").
The following Fix4Home Website Terms and Conditions ("Terms and Conditions") shall incorporate
and govern the Fix4Home Website Privacy Policy ("Privacy Policy"), the Fix4Home
Advertiser Terms ("Advertiser Terms") and any and all other applicable Fix4Home operating rules,
policies, price schedules and other supplemental terms and conditions or documents that may be published
from time to time (collectively, the "Agreement").
You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety
when you: (a) access the Site; (b) utilize the Fix4Home search directory ("Directory Service")
in order to obtain search listings and related information (collectively, "Listings") regarding a variety of
businesses, professionals, venues, products and/or services (collectively, "Third Party Offerings") as
offered and provided by the third party business entities and professionals featured on the Site
(collectively, "Third Party Service Providers"); (c) access articles, discussions and feedback on the
Fix4Home Home Expert Network and/or Fix4Home Legal Resource Network (collectively,
"Resource Network") and/or access other content on the Site (collectively, "Content"); (d) utilize the
Site's many interactive features designed to facilitate interaction between you, Fix4Home, the
"Contributors," "Expert Panelists," "Members" and "Ongoing Contributors" (collectively, "Network
Participants") participating in the Resource Network and other Site users including, but not limited to,
blogs, comment sections, reviews and question and answer options located in designated areas of the Site
("Interactive Services"); (e) register to submit a free Listing of your Third Party Offerings; (f) register
for enhanced services ("Paid Advertiser Services") in connection with promoting your Third Party Offerings
as an "Advertiser"; (g) participate in the Fix4Home Rewards Program ("Rewards Program"); and/or
(h) access links to our social media pages on third party social media websites, such as Facebook®,
Instagram®, LinkedIn® and Twitter® ("Social Media Pages," and together with the Site, Directory Services,
Listings, Resource Network, Content, Interactive Services, Paid Advertiser Services, Rewards Program and
Social Media Pages, the "Fix4Home Offerings").
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR
ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE Fix4Home OFFERINGS IN ANY MANNER OR
FORM.
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A
CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER
AGAINST Fix4Home, AS WELL AS ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, RELATED
PARTIES, NETWORK PARTICIPANTS AND THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, “COVERED PARTIES”), WHO
ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION CONTAINED HEREIN. THE
AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED
UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
You understand and agree that Fix4Home shall not be liable to you, any other Site User (as
defined below) or any third party for any claim in connection with your use of, or inability to use, the
Fix4Home Offerings. Fix4Home disclaims any and all liability for any loss, damage,
or injury based on Site Content, Third Party Offerings or other products, services and information directly
or indirectly obtained through the Fix4Home Offerings. You understand and agree that
Fix4Home is not responsible or liable in any manner whatsoever for any dispute between you and
any Site User.
Instagram® and Facebook® are registered trademarks of Facebook, Inc. ("Facebook"). LinkedIn® is a registered
trademark of LinkedIn Corporation (“LinkedIn”). Twitter® is a registered trademark of Twitter, Inc.
("Twitter"). Please be advised that Fix4Home is not in any way affiliated with Facebook,
LinkedIn or Twitter, and the Fix4Home Offerings are not endorsed, administered or sponsored by
any of the aforementioned entities.
- Scope/Modification of Agreement. The Agreement constitutes the entire and only
agreement between you and Fix4Home with respect to your use of the Fix4Home
Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or
understandings with respect to the Site. We may amend the Agreement from time to time in our sole
discretion, without specific notice to you; provided, however, that: (a) any amendment or modification
to the arbitration provisions, prohibition on class action provisions or any other provisions applicable
to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes
incurred prior to the applicable amendment or modification; and (b) any amendment or modification to
pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior
to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you
should review the Agreement prior to using the Fix4Home Offerings. By your continued use of
the Fix4Home Offerings, you hereby agree to comply with, and be bound by, all of the terms
and conditions contained within the Agreement effective at that time (other than with respect to
disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges
incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by
the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject
dispute or incurred charges, as applicable). Unless explicitly stated otherwise, any future offer(s)
made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the
Fix4Home Offerings shall be subject to the Agreement. If Fix4Home terminates the
Agreement for any reason, Fix4Home shall have no liability or responsibility to you. You
understand and agree that refusal to use the Fix4Home Offerings is your sole right and
remedy with respect to any dispute with Fix4Home. The Agreement only governs your use of the
Fix4Home Offerings.
- Non-Endorsement: Site Content and Site Users.
- Fix4Home does not sponsor, recommend or endorse: (i) any Third Party Service
Providers (including Advertisers) that are accessible by and through the Directory Service
and/or Interactive Services; and/or (ii) any Network Participants that are accessible by and
through the Resource Network and/or Interactive Services; and/or (iii) any Site visitors
("Visitors") that are accessible by and through the Resource Network and/or Interactive
Services. The Site facilitates communication between Third Party Service Providers, Network
Participants, Visitors and potential users of associated Third Party Offerings. Some of the
Third Party Service Providers that are accessible by and through the Directory Service pay a fee
for inclusion in the Directory Service.
- The Fix4Home Offerings contain comments, opinions, statements, feedback and other
content (collectively, "Feedback"), Listings, Content, Network Articles (as defined below),
advertisements, responses, statements, promises and other information (collectively, "Site
Content") that is provided directly by Third Party Service Providers, Network Participants,
Visitors and any other parties that use the Site (collectively, "Site Users"). You agree that
Fix4Home shall have no obligation and incur no liability to you in connection with
any Feedback appearing in or through the Interactive Services. Fix4Home does not
represent or warrant that the Feedback posted through the Interactive Services is accurate,
complete or appropriate. Please use caution and common sense when using the Site and Directory
Service. Fix4Home in no way endorses the Site Content made available by Site Users
through the Interactive Services, Directory Service, Resource Network and/or any other
Fix4Home Offerings. The Site Content and other information submitted or made
available by Site Users is not verified or reviewed in any way before it appears on the Site or
otherwise through the Fix4Home Offerings. Fix4Home does not warrant the
validity or accuracy of any such Site Content. Each Site User shall be solely responsible for
the Site Content posted by and through the Fix4Home Offerings. Fix4Home
reserves the right to prohibit any conduct by Site Users or remove any Site Content from the
Fix4Home Offerings at any time and for any reason, in Fix4Home's sole
discretion. The reasons for removal may include where Fix4Home believes that the
Site Content posted by a Site User is unsuitable for the Fix4Home Offerings for any
reason including, without limitation, where: (i) the Site Content contains or links to material
that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or
otherwise objectionable; (ii) the Site Content contains or links to material that infringes upon
the trademark, trade name, service mark, copyright, license, or other intellectual property or
proprietary right of any third party; (iii) Fix4Home believes that a Site User is,
at any time, conducting any commercial activity by and through the Site; and/or (iv)
Fix4Home believes that a Site User is in violation of the Agreement including,
without limitation, Section 12 below.
- Fix4Home does not involve itself in the agreements arrived at by and between
Visitors and Third Party Service Providers, or in the actual provision of Third Party Offerings
in connection with the relationships created thereby. Therefore, Fix4Home does not
make any representations regarding the competency, trustworthiness, honesty, integrity and/or
behavior of either its Visitors or Third Party Service Providers. Visitors, and not
Fix4Home, are solely responsible for assessing the competency, trustworthiness,
honesty and integrity of all Third Party Service Providers that such Visitors contact via the
Directory Service.
- Terms Applicable to Attorney Listings.
- Fix4Home is not a law firm or a lawyer referral service. As such,
Fix4Home offers no legal advice, recommendations, mediation or counseling in
connection with any legal matter, under any circumstances, and nothing we do and no element of
the Site, Directory Service or other Fix4Home Offerings should be construed as such.
You should always check with your attorney, accountant and/or other advisors to be sure that any
legal advice, law-related Third Party Offerings, law-related Site Content or other legal
products and/or services available by and through the Fix4Home Offerings
(collectively, "Legal Services") is/are appropriate for you.
- The Site provides paid attorney advertising to those attorneys that are registered as Third
Party Service Providers ("Third Party Legal Professionals"). Some of the Third Party Legal
Professionals that are accessible by and through the Directory Service pay a fee for inclusion
in the Directory Service. Fix4Home does not receive any portion of any Third Party
Legal Professional's fees.
- Any use of the Directory Service by Site Users is not intended to, and will not create, an
attorney-client relationship between any such Site Users and Fix4Home. Without
limiting the foregoing, any information submitted to Fix4Home and/or any electronic
or other communication sent to Fix4Home will not create, or be covered by, an
attorney-client relationship between Site Users and Fix4Home or any Third Party
Legal Professionals.
- The Site facilitates communication between Third Party Legal Professionals and potential users
of associated Legal Services. Fix4Home does not guarantee that Site Users will
successfully find legal representation through the Directory Service. The determination of the
need for legal services and the choice of legal representation are extremely important decisions
and should not be based solely on advertisements, claims of expertise or cost offered by any
Third Party Legal Professional.
- Fix4Home does not review the standing of any Third Party Legal Professionals with
any regulatory authority or bar association. Therefore, Fix4Home makes no
representation regarding the status, standing or ability of any Third Party Legal Professional.
When considering retaining a Third Party Legal Professional, Site Users should ask for free
background information from that Third Party Legal Professional and check that Third Party Legal
Professional's standing with the applicable state bar association. Fix4Home is not
responsible for, and in no way endorses, any description or indication of specialization or
limitation of practice by any Third Party Legal Professionals that are accessible through the
Directory Service. Please be aware that no agency or board may have certified such Third Party
Legal Professional as a specialist or expert in any indicated field of law practice. In
addition, a Third Party Legal Professional claiming specialization is not necessarily any more
expert or competent than other legal professionals. Site Users should make an independent
investigation, confirm and verify all claims made by Third Party Legal Professionals. Site Users
are encouraged to use caution when reviewing any information submitted by Third Party Legal
Professionals. Except where otherwise indicated, the Third Party Legal Professionals are not
certified by the Florida State Bar Board of Legal Specialization and Education, the Texas State
Board of Legal Specialization ("Not Certified by the Texas Board of Legal Specialization"), or
any other entity or body.
- Laws vary across legal jurisdictions and may be subject to interpretation by different courts.
Laws are also very specific to individual facts and circumstances, and the law-related Site
Content may not fit your particular circumstance. The law-related Site Content is provided for
informational purposes only, and may not reflect current legal developments or variances in the
law of different jurisdictions. The law-related Site Content does not necessarily reflect the
opinions of any Third Party Legal Professionals, their partners, clients or affiliates.
- Certain Listings and other law-related Site Content may include descriptions of successful
lawsuits brought by Third Party Legal Professionals. These descriptions are not meant to create
any unjustified expectations that similar results can be obtained for others, because each case
is determined on its own specific factual and legal circumstances. No Third Party Legal
Professional can guarantee the success of a case, and past successes, even in very similar
lawsuits, do not mean that success in a subsequent case is guaranteed or even likely. Results
depend upon a variety of factors unique to each case.
ADDITIONAL STATE
SPECIFIC DISCLOSURES:
Alabama No representation is made that the quality of the Legal
Services to be performed by the Third Party Legal Professionals is greater than the quality
of legal services performed by other attorneys.
Alaska The Alaska Bar Association does not accredit or endorse
certifying organizations.
Florida Fix4Home operates as a "Lawyer Directory" as
defined under Florida Rule 4-7.23.
Hawaii There is no procedure for review or approval of specialist
certification organizations in Hawaii.
Illinois The Supreme Court of Illinois does not recognize
certifications of specialties in the practice of law and such a certificate, award or
recognition is not a requirement to practice law in Illinois.
Iowa Memberships and offices in legal fraternities and legal
societies, technical and professional licenses, and memberships in scientific, technical and
professional associations and societies of law or field of practice do not mean that a Third
Party Legal Professional is a specialist or expert in a field of law, nor do they mean that
such Third Party Legal Professional is necessarily any more expert or competent than any
other lawyer. A description or indication of limitation of practice does not mean that any
agency or board has certified such Third Party Legal Professional as a specialist or expert
in an indicated field of law practice, nor does it mean that such Third Party Legal
Professional is necessarily any more expert or competent than any other lawyer.
Kentucky THIS IS AN ADVERTISEMENT.
Massachusetts If a Massachusetts Third Party Legal Professional holds
himself or herself out as "certified" in a particular service, field or area of law by a
non-governmental body, the certifying organization is a private organization, whose
standards for certification are not regulated by the Commonwealth of Massachusetts.
Mississippi Free background information is available upon request for
any Mississippi Third Party Legal Professional. The listing of any area of practice by a
Mississippi Third Party Legal Professional does not indicate any certification of expertise
therein.
Missouri Neither the Supreme Court of Missouri, nor the Missouri Bar,
reviews or approves certifying organizations or specialist designations.
Nevada Neither the State Bar of Nevada, nor any agency of the State
Bar, has certified any Third Party Legal Professional identified here as a specialist or as
an expert.
New Jersey Any certification as a specialist, or any certification in
a field of practice, that does not state that such certification has been granted by the
Supreme Court of the State of New Jersey or by an organization that has been approved by the
American Bar Association, indicates that the certifying organization has not been approved,
or has been denied approval, by the Supreme Court of the State of New Jersey and the
American Bar Association.
New Mexico Any certification by an organization other than the New
Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board
of Legal Specialization, unless the Third Party Legal Professional is also recognized by the
Board as a specialist in that area of law.
New York Prior results obtained by Third Party Legal Professionals do
not guarantee a similar outcome.
Rhode Island The Rhode Island Supreme Court does not license or
certify any Third Party Legal Professional as an expert or specialist in any field of
practice.
Tennessee Unless otherwise indicated, Tennessee Third Party Legal
Professionals are not certified as specialists by the Tennessee Commission on Continuing
Legal Education and Specialization in the areas of practice listed on their Listings.
Texas Unless otherwise indicated, Texas Third Party Legal
Professionals are Not Certified by the Texas Board of Legal Specialization in the areas of
practice listed on their Listings.
Washington The Supreme Court of Washington does not recognize
certification of specialties in the practice of law. Any certificate, award or recognition
by a group, organization or association used by a Washington Third Party Legal Professional
to describe his or her qualifications as a lawyer or qualifications in any subspecialty of
law is not a requirement to practice law in the State of Washington.
Wyoming The Wyoming State Bar does not certify any Third Party Legal
Professional as a specialist or expert.
- Requirements.The Fix4Home Offerings are available only to individuals who
can enter into legally binding contracts under applicable law. The Fix4Home Offerings are
not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority,
if greater than eighteen (18) years of age in their respective jurisdictions). If you are under eighteen
(18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your
jurisdiction), you do not have permission to use and/or access the Fix4Home Offerings.
- Directory Service.Please be advised that Fix4Home does not itself provide
any underlying products and/or services, and the ultimate terms and conditions of any Third Party
Offerings will be determined by the applicable Third Party Service Providers.
Please be advised that Fix4Home does not itself provide any underlying products
and/or services, and the ultimate terms and conditions of any Third Party Offerings will be
determined by the applicable Third Party Service Providers.
To receive information
regarding Third Party Service Providers, you must first fully complete the registration forms located on
the Site (collectively, the "Site Form"). The information that you must supply on the Site Form
includes, but is not limited to: (i) your zip code; (ii) the category applicable to your inquiry, if
any; and/or (iii) any other information requested on the Site Form (collectively, the "Directory
Registration Data"). You agree to provide true, accurate, current and complete Directory Registration
Data and to update your Directory Registration Data as necessary in order to maintain it in a current
and accurate fashion. Fix4Home's use of the Directory Registration Data shall be governed by
the Privacy Policy. Please be advised that the Directory Registration Data
submitted by you, and any and all other information provided by you to Fix4Home is
not protected by the attorney-client privilege, and submitting this information does not create
an attorney-client relationship.
Upon entering your Directory Registration Data and
clicking on the applicable submission button on the Site, you may be provided additional information
regarding participating Third Party Service Providers that are located in your designated geographic
area that you can choose to contact or be contacted by. Upon your request to contact, or be contacted
by, any of the applicable Third Party Service Providers, Fix4Home may transfer all or some
of your Directory Registration Data to the applicable Third Party Service Provider(s) in connection with
facilitating your request for Third Party Offerings from same. Please be advised
that selecting a Third Party Legal Professional to contact, or be contacted by, does not create
an attorney-client relationship.
You understand and agree that Fix4Home
shall not be liable to you or any third party for any modification, suspension or discontinuation of any
service offered by any Third Party Service Provider.
- Listings/Free Listings.Subject to the terms and conditions of the Agreement, as well
as the Advertiser Terms that you agree to in their entirety
when you submit Listings for display to Site Users, by registering on the Site, agreeing to the
Agreement and receiving approval from Fix4Home, you (acting as a Third Party Service
Provider) can submit, or attempt to submit, Listings for display to Site Users that conduct searches by
and through the Directory Services. To submit a Listing, you must first fully complete the applicable
Site Form. The information that you must supply on the Site Form includes, but is not limited to: (a)
your company name; (b) your company's address; (c) your business telephone number; (d) categories that
apply to your company's business practice, if applicable; (e) at your option, your business profile and
link to your company's website; and/or (f) any other information requested on the Site Form
(collectively, the "Listing Registration Data"). You agree to provide true, accurate, current and
complete Listing Registration Data and to update your Listing Registration Data as necessary in order to
maintain it in a current and accurate fashion. Fix4Home's use of the Listing Registration
Data shall be governed by the Privacy Policy.The Listings contain descriptions that are provided
directly by the applicable Third Party Service Providers, or the manufacturers or distributors of the
Third Party Offerings featured in the Listings, as applicable. Fix4Home does not represent
or warrant that the descriptions of such items are accurate or complete. As a result,
Fix4Home has no control over: (i) the quality, safety or legality of the Third Party
Offerings; (ii) the truth or accuracy of the Listings; and/or (iii) the ability of the applicable Third
Party Service Providers to sell the Third Party Offerings. Do not assume that the offer, sale, purchase,
export or import of any Third Party Offerings is valid and legal simply because it is listed on the
Site. We are not responsible for ensuring that the applicable Third Party Service Provider actually
completes a transaction. Where you submit a Listing by and through the Site, you represent and warrant
that: (A) all content in the Listing is accurate, complete and current; (B) you have all necessary
rights, power and authority to publish the Listing; (C) the Listing, and any website listed in, or
linked to from, the Listing: (I) complies with all applicable laws and regulations; (II) does not
infringe upon, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade
secret or other intellectual property right of any third party; (III) does not violate the rights of any
person or entity, including rights of publicity or privacy, and is not defamatory; and (IV) does not
result in consumer fraud (including being false or misleading), product liability, tort, breach of
contract, injury, damage or harm of any kind to any person or entity; and (D) you possess documents that
substantiate all claims, express and implied, contained within the Listing.
- Paid Advertiser Services.Subject to the terms and conditions of the Agreement, as well
as the Advertiser Terms that you agree to in their entirety
when you register to become an Advertiser, by registering on the Site and receiving approval from
Fix4Home, you can obtain, or attempt to obtain, for a fee, access to the Paid Advertiser
Services as an Advertiser. All payment terms associated with the Paid Advertiser Services shall be set
forth in the Advertiser Terms. Please review the terms and conditions of theAdvertiser Termscarefully before proceeding with
registration. Advertisers are subject to the same obligations, terms and conditions as apply to Third
Party Service Providers under the Agreement including, without limitation, those applicable to Listings
set forth in Section 6 above. To submit a Listing, you must first fully complete the applicable Site
Form on the Site, or via telephone with an Fix4Home representative. The information that you
must supply on the Site Form includes, but is not limited to: (a) your company name; (b) your company's
address; (c) your business telephone number; (d) categories that apply to your company's business
practice, if applicable; (e) at your option, your mobile telephone number; (f) at your option, your
business profile and link to your company's website; (g) your credit card information; and/or (h) any
other information requested on the Site Form (collectively, the "Advertiser Registration Data"). You
agree to provide true, accurate, current and complete Advertiser Registration Data and to update your
Advertiser Registration Data as necessary in order to maintain it in a current and accurate fashion.
Fix4Home's use of the Advertiser Registration Data shall be governed by the Privacy Policy.
- Resource Network.The Resource Network features ongoing, interactive conversations,
discussions and forums surrounding articles ("Network Articles") on a broad range of topics as submitted
by registered Network Participants and/or permitted guests. Visitors may be permitted to post Feedback
at the end of Network Articles. Subject to the terms and conditions of the Agreement, by sending
Fix4Home a request to: (a)Adceptive Media FZCO ,agreeing to the Agreement and
receiving approval from Fix4Home, you may be granted access to the Home Expert Network as an
Ongoing Contributor or Expert Panelist; and/or (b)Adceptive Media FZCO ,you may be
granted access to the Legal Resource Network as an Contributor or Member. To become a Network
Participant, you must provide certain information to the applicable Fix4Home representative
(collectively, the "Network Registration Data" and together with the Directory Registration Data,
Listing Registration Data and Advertiser Registration Data, the "Registration Data"). You agree to
provide true, accurate, current and complete Network Registration Data and to update your Network
Registration Data as necessary in order to maintain it in a current and accurate fashion.
Fix4Home's use of Network Registration Data shall be governed by the Privacy Policy.The
Network Articles are provided directly by the applicable Network Participants. Fix4Home does
not represent or warrant that the Network Articles are accurate or complete. As a result,
Fix4Home has no control over: (a) the quality, safety or legality of the Network Articles;
and/or (b) the truth or accuracy of the Network Articles. Where you submit a Network Article by and
through the Site, you represent and warrant that: (i) all content in the Network Article is accurate,
complete and current; (ii) you have all necessary rights, power and authority to publish the Network
Article (and grant Fix4Home the rights to publish and use same as contemplated hereunder);
(iii) the Network Article, and any website listed in, or linked to from, the Network Article: (A)
complies with all applicable laws, rules and regulations including, without limitation, the Federal
Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials; (B) does not infringe
upon, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret
or other intellectual property right of any third party; (C) does not violate the rights of any person
or entity, including rights of publicity or privacy, and is not defamatory; and (D) does not result in
consumer fraud (including being false or misleading), product liability, tort, breach of contract,
injury, damage or harm of any kind to any person or entity; and (iv) you possess documents that
substantiate all claims, express and implied, contained within the Network Article.
- Content.Subject to the terms and conditions of the Agreement, end-users that possess
the requisite technology shall have the opportunity to view, download and/or interact with all or some
of the Content made available by and through the Site and/or other Fix4Home Offerings. The
Content is compiled, distributed and displayed by Fix4Home, as well as various third-party
content providers including, without limitation, Third Party Service Providers, Visitors and Network
Participants ("Third-Party Providers"). Fix4Home does not control the Content provided by
Third-Party Providers that is made available by and through the Fix4Home Offerings. Such
Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or
usefulness of such Content. The Content should not necessarily be relied upon. Fix4Home does
not represent or warrant that the Content and other information posted by and through the
Fix4Home Offerings is accurate, complete, up-to-date or appropriate. You understand and
agree that Fix4Home shall not be responsible for, and Fix4Home undertakes no
responsibility to monitor or otherwise police, Content provided by Third-Party Providers.You agree that
Fix4Home shall have no obligation and incur no liability to you in connection with any
Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use
caution, common sense and safety when using the Content.
- Social Media Pages.The Site contains links to various Fix4Home Social Media
Pages. The Social Media Pages are hosted and made available on third party websites ("Social Media
Websites") by third party entities. Your use of Social Media Pages and Social Media Websites shall be
governed by the applicable terms and conditions of those Social Media Websites.
You understand and agree that Fix4Home shall not be liable to you, any other
end-user or any third party for any claim in connection with your use of, or inability to use,
the Social Media Pages and/or Social Media Websites.
- Interactive Services.Subject to the restrictions set forth herein, the Interactive
Services will allow you to participate in, and provide Feedback in connection with, Network Articles
comment sections, blogs, message boards, question and answer areas and other interactive areas of the
Site.
- Site Content Submission Guidelines.All Site Content that you submit through or in
association with the Fix4Home Offerings including, without limitation, the Registration
Data, Feedback, Listings, Content, Network Articles, advertisements, responses, statements, promises or
other information, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, pleaseclick here.By submitting such Site Content to us, you: (a) represent
and warrant that Fix4Home's use of your submission does not and will not breach any
agreement, violate any law or infringe upon any third party's rights; (b) agree that
Fix4Home is free to use in any manner all or part of the content of any such Site Content or
other materials in perpetuity, on an unrestricted basis without the obligation to notify, identify or
compensate you or anyone else; and (c) grant Fix4Home all necessary rights, including a
waiver of all copyright, trademark, privacy and moral rights, to use all Site Content and/or materials,
in whole or in part, or as a derivative work, without any duty by Fix4Home to anyone
whatsoever. Fix4Home does not accept unsolicited ideas, works or other materials and you
acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such
ideas, works and/or materials.You agree that you are solely responsible for the Site Content that you
publish, transmit and/or post by and through the Fix4Home Offerings. You agree to use the
Fix4Home Offerings in full compliance with all applicable laws, rules and regulations. In
connection with your use of the Fix4Home Offerings, and submission of Site Content, you
agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or
any confidential information of any third party; (ii) display any audio files, text, photographs, videos
or other images containing confidential information; (iii) display any audio files, text, photographs,
videos or other images that may be deemed indecent or obscene in your community, as defined under
applicable law; (iv) impersonate any person or entity; (v) "stalk" or otherwise harass any person; (vi)
engage in unauthorized advertising to, or commercial solicitation of, Site Users; (vii) transmit any
chain letters, spam or junk e-mail to Site Users or other parties; (viii) express or imply that any
statements you make are endorsed by Fix4Home; (ix) harvest or collect personal information
of Site Users whether or not for commercial purposes, without their express consent; (x) use any robot,
spider, site search/retrieval application, or other manual or automatic device or process to retrieve,
index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of
the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material,
trademarks or other proprietary information without obtaining the prior consent of the owner of such
proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained
in the Fix4Home Offerings; (xiii) interfere with or disrupt any of the Fix4Home
Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or
otherwise transmit any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make
available any software, product or service that is illegal or that violates the rights of a third party
including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements
(i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial
of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on
the Internet; (xvi) "frame" or "mirror" any part of the Fix4Home Offerings; (xvii) use
metatags or code or other devices containing any reference to the Fix4Home Offerings in
order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt,
sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion
of the Fix4Home Offerings or any software used on or in connection with same. Engaging in
any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result
in the immediate termination of your access to some or all of the Fix4Home Offerings without
notice, in the sole discretion of Fix4Home. Fix4Home reserves the right to
pursue any and all legal remedies against Site Users that engage in the aforementioned prohibited
conduct.
- License Grant.As a user of the Site, you are granted a non-exclusive, non-transferable,
revocable and limited license to access and use the Fix4Home Offerings and associated
content in accordance with the Agreement. Fix4Home may terminate this license at any time
for any reason. Other than where expressly permitted by Fix4Home, you may only use the
Fix4Home Offerings on one computer for your own personal, non-commercial use. No part of the
Fix4Home Offerings may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell,
modify, decompile, disassemble, reverse engineer or transfer the Fix4Home Offerings or any
portion thereof. Fix4Home reserves all rights not explicitly granted in the Agreement. You
may not use any device, software or routine to interfere or attempt to interfere with the proper working
of the Fix4Home Offerings. You may not take any action that imposes an unreasonable or
disproportionately large load on Fix4Home infrastructure. Your right to use the
Fix4Home Offerings is not transferable.
- Proprietary Rights.The content, organization, graphics, design, compilation, magnetic
translation, digital conversion, software, services and other matters related to the
Fix4Home Offerings are protected under applicable copyright, trademark and other proprietary
(including, but not limited to, intellectual property) rights. The copying, redistribution, publication
or sale by you of any part of the Fix4Home Offerings is strictly prohibited. Systematic
retrieval of material from the Site by automated means or any other form of scraping or data extraction
in order to create or compile, directly or indirectly, a collection, compilation, database or directory
without written permission from Fix4Home is prohibited. You do not acquire ownership rights
in or to any content, document, software, services or other materials viewed at the Site or through the
Fix4Home Offerings. The posting of information or material on the Site by
Fix4Home does not constitute a waiver of any right in or to such information and/or
materials. The "Adceptive Media FZCO " name and logo, and all associated graphics, icons and service names, are
trademarks of Fix4Home USA LLC. All other trademarks are the property of their respective
owners. The use of any trademark without the applicable trademark owner's express written consent is
strictly prohibited.
- Editing, Deleting and Modification.We reserve the right in our sole discretion to edit
and/or delete any documents, information or other content appearing on the Site.
- Legal Warning.Any attempt by any individual, whether or not a Fix4Home
customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of
the Fix4Home Offerings, is a violation of criminal and civil law and Fix4Home
will diligently pursue any and all remedies in this regard against any offending individual or entity to
the fullest extent permissible by law and in equity.
- Indemnification.You agree to indemnify and hold Fix4Home, its parents,
subsidiaries and affiliates, and each of their respective members, officers, directors, employees,
agents, co-navbar-branders and/or other partners, harmless from and against any and all claims, expenses
(including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made
by any third party due to or arising out of: (a) your use of the Fix4Home Offerings; (b)
your breach of the Agreement; (c) any dispute between you and any Site User or third party; and/or (d)
your violation of any rights of another individual and/or entity. The provisions of this Section 17 are
for the benefit of Fix4Home, its parents, subsidiaries and/or affiliates, and each of their
respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or
attorneys. Each of these individuals and entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
- Disclaimer of Warranties.THE Adceptive Media FZCO OFFERINGS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES
THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL
WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, Adceptive Media FZCO MAKES NO WARRANTY THAT: (A) THE Adceptive Media FZCO
OFFERINGS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE Adceptive Media FZCO
OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY
THIRD PARTY SERVICE PROVIDER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Adceptive Media FZCO
OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE
OR RELIABLE. THE Adceptive Media FZCO OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY
APPLY FOR
THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE
AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Adceptive Media FZCO &trade, ANY SITE USER OR OTHERWISE THROUGH OR
FROM THE Adceptive Media FZCO OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT.
- Limitation of Liability.YOU EXPRESSLY UNDERSTAND AND AGREE THAT Adceptive Media FZCO
SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR
EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Adceptive Media FZCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), TO THE
FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE Adceptive Media FZCO
OFFERINGS AND/OR
ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR
OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE Adceptive Media FZCO OFFERINGS; (C) THE FAILURE
TO QUALIFY
FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; (D) THE UNAUTHORIZED ACCESS TO, OR
ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE Adceptive Media FZCO
OFFERINGS AND/OR
ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY
RELEASE Adceptive Media FZCO FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATIONS STATED
HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF Adceptive Media
FZCO TO YOU UNDER
ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH
ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Adceptive Media FZCO &trade. THE Adceptive Media FZCO
OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE
PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN
LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF Adceptive Media FZCO SHALL BE
LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
- Third Party Websites.The Site may provide links to and/or refer you to other Internet
websites and/or resources including, but not limited to, certain Site User websites and/or Social Media
Websites. Because Fix4Home has no control over such third party websites and/or resources,
you hereby acknowledge and agree that Fix4Home is not responsible for the availability of
such third party websites and/or resources. Furthermore, Fix4Home does not endorse, and is
not responsible or liable for, any terms and conditions, privacy policies, content, advertising,
services, products and/or other materials at or available from such third party websites or resources,
or for any damages and/or losses arising therefrom.
- Dispute Resolution Provisions.The Agreement shall be treated as though it were executed
and performed in Delaware and shall be governed by and construed in accordance with the laws of the
State of Delaware (without regard to conflict of law principles).
You hereby
agree to arbitrate all claims that may arise under the Agreement that you may have against
Fix4Home or any of the Covered Parties, who are express third-party beneficiaries of
the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise
between you and Fix4Home and/or any Covered Party including, without limitation, any
matter concerning the Fix4Home Offerings, terms and conditions of the Agreement or
the breach of same by any party hereto: (a) the parties agree to submit their dispute for
resolution by arbitration before the American Arbitration Association (the “AAA”) in Delaware or
the county of your residence, in accordance with the then current Commercial Arbitration rules
of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and
submitting an Initial Dispute Notice which can be found here. We
may choose to provide you with a final written settlement offer after receiving your Initial
Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and
you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still
wish to proceed with your dispute, you must submit your dispute for resolution by arbitration
before the AAA as set forth above, by filing a separate Demand for Arbitration, which is
available here. For claims of Ten
Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in
person, by telephone or based only on submissions. If the arbitrator awards you relief that is
greater than our Final Settlement Offer, then we will pay all filing, administration and
arbitrator fees associated with the arbitration and, if you retained an attorney to represent
you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that
your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any
award rendered shall be final and conclusive to the parties and a judgment thereon may be
entered in any court of competent jurisdiction. Although we may have a right to an award of
attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from
you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or
participate in any class action lawsuit as to any claim, dispute or controversy that you may
have against Fix4Home and/or any Covered Party. You agree to the entry of injunctive
relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay
the attorney's fees and court costs that Fix4Home and/or any Covered Party incurs in
seeking such relief. This provision preventing you from bringing, joining or participating in
class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to
pursue a claim individually and not as a class action in binding arbitration as provided above;
and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by
providing written notice of your decision within thirty (30) days of the date that you first
access the Site.
- Miscellaneous.Should any part of the Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the remaining portions shall remain in
full force and effect. To the extent that anything in or associated with any Fix4Home
Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our
failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. The parties do not intend that any agency or partnership
relationship be created through operation of the Agreement. Fix4Home may assign its rights
and obligations under the Agreement, in whole or in part, to any party at any time without any notice to
you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or
extent of such section.
- California End-User Consumer Rights.In accordance with Cal. Civ. Code Sec. 1789.3,
California State resident Users may file grievances and complaints with the California Department of
Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at (888) 412-2190 or
(888) 412-2190; or by email to [email protected]
- Contact Us.If you have any questions regarding the Agreement, or would like more
information from Fix4Home, please contact us at using our contact
form or call us at: (888) 412-2190 .