This page explains the terms by which you may use our service as a service professional, including but not limited to our interactive and/or mobile service, web sites, and software.
These terms of service were last modified April 2, 2020.
Welcome to FIXO, a technology service (“Service”) operated by GetFixo.com, LLC. (“FIXO,” “we,” “our,” or “us”), and offered via the getfixo.com website and/or mobile app stores, that enables service professionals (“User,” or "you") to run their business operations.
By accessing or using the Service, you represent that you have read, understood, and agree to be bound by this Terms of Service Agreement (“TOS” or “Agreement”). This Agreement, together with the Privacy Policy, applies to Users who access the Service (“Users,” used interchangeably with “you” throughout this Agreement). “User” means you as an individual, as well as the employer or entity on whose behalf you are using the Service, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such employer or entity. You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Service or our website or by notifying Users directly in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms of the Agreement.
The Service is offered to Users who are 18 years of age or older and reside in the United States or Canada. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein.
Subject to User’s compliance with this Agreement, FIXO hereby grants User a non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User’s normal course of business, and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement.
FIXO will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, FIXO may restrict access to some parts of the Service, or the entire Service, to User. FIXO does not make any representations or guarantees regarding uptime or availability of the Service.
SERVICE DATA YOU PROVIDE AS A USERTo use the Service, You may be required to provide to us, directly or indirectly, with the following types of information (which shall be referred to collectively as “Service Data”):
We require Users to complete a profile (“Business Profile”). We do not review or verify the information or representations set forth in Business Profiles. Users warrant that the information they submit in creating an account or generating a Business Profile is complete, accurate and current.
Users may be asked to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Users warrant that the licensing or other qualification information they submit is complete, accurate and current.
Individual customer data entered or imported by Users shall remain the property of the User. User grants FIXO and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such customer data as may be necessary to provide the Service.
Service pricing data entered or imported by Users shall remain the property of the User. We will not share the individual price data with a third party without the consent of the User.
In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. User is responsible and liable for: (i) User’s conduct; and (ii) any use of the Service through User’s information technology systems or environment, whether authorized or not. We have the right to disable any username, password, or other identifier, whether chosen by User or provided by FIXO, at any time if, in our opinion, User has violated any provision of this Agreement.
We may use Service Data to operate our Service, as well as to create relevant new offerings. Such use is subject to our rights and obligations set forth in our most current privacy policy in effect as posted at www.getfixo.com/privacy. Examples of use may include, without limitation, the following:
1. Provide relevant data to our Service and third-party applications (“Apps”) that utilize functionality from Your account to fulfill their services;
2. Send communications on Your behalf to effect the intended purposes of the applicable Service, e.g., sending job scheduling emails, sending en-route text notifications, offering Your marketing promotions;
3. Make Your services available on our and third-party Booking Services that You authorize;
4. Generate invoices to You and collect payment thereon;
5. Verify Your identity and prevent fraud or other unauthorized or illegal activity;
6. Analyze and create anonymized aggregate industry trends and analytics to improve the product and create new features;
7. Provide customer support to You;
8. Use the names, trademarks, service marks and logos associated with Your company to promote the Service;
9. And any other use that we, or a third-party App, describe at the point where we collect data or information with Your consent. Aggregated & Statistical Service Data Rights. Notwithstanding any other provision of this Agreement, FIXO shall own all right, title and interest to any anonymized aggregated and statistical data created, generated and/or derived from the Service Data and use of the Service. If FIXO does not automatically own any anonymized aggregated and statistical data upon its creation, You hereby assign all right, title and interest, including intellectual property rights, in and to such aggregated and statistical data to FIXO.
We also reserve the right to use any version of your website from our Website Builder service (or any part thereof) for any of our marketing or promotional activities, online or offline, and to modify it as reasonably required for such purposes, and you hereby waive any claims against us or anyone acting on our behalf relating to any past, present or future moral rights, artists’ rights or any other rights you may have in or to such content with respect to such uses.
You authorize FIXO, inclusive of its agents, affiliates and independent contractors, to contact you at the email address or telephone number that you have provided to FIXO for advertisement, telemarketing, solicitation or other purposes, using a pre-recorded voice to deliver a message, or texting you. You can unsubscribe from these messages in the settings of your account. You also agree that all information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions FIXO takes with respect to your information consistent with its Privacy Policy. Where it is permitted by law, FIXO may rely on implied consent.
FIXO has various levels of service that are billed on a subscription basis for the term as specified when you subscribe. When you sign up for a subscription-billing based account, you agree to allow us to bill your credit card (or other payment method) for all due charges. We will re-bill for any failed billing or past-due amounts. Subscription fees will not be prorated or refunded. We will bill you a full period’s subscription fee regardless of whether you cancel within that period, unless the cancellation is within our Money-back guarantee window. We reserve the right to revise pricing at any time; however, we will provide you with at least 30 days’ advance notice before revised terms become applicable to you (or such longer period of notice as may be required by law). We also reserve the right to offer different levels of service in alternative price plans and to impose different restrictions or levels of service in such alternative plans, including but not limited to terms related to amount or format of content, network traffic or bandwidth and number of subscribers or users.
FIXO may terminate this Agreement in accordance with the terms herein. FIXO may also immediately suspend, limit, or terminate User’s access to the Service, or terminate this Agreement, if: (i) User violates this Agreement; (ii) User violates any applicable law or regulation relating to User’s use of the Service; (iii) User engages in any conduct which FIXO, in its sole discretion, believes creates a security risk or is otherwise harmful to FIXO or others; or (iv) User breaches any other agreement with FIXO.
You acknowledge that all payment or financial card (“Card”) transactions (except those conducted using Card Readers provided by us) are processed as “card not present” transactions, even where the consumer is at the physical point of sale and a consumer has different Chargeback rights for “card not present” transactions than for transactions where the buyer physically presents the card to the seller.
We will review some or all of the information that you submit in connection with your request to sign up for the Service. We may forward such information on to our payments processor. After you submit your application, we or our processor may conclude that you will not be permitted to use the Service.
We may impose various transaction limits and rules on Users. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at our sole discretion whether to honor such requests. We will consider a variety of factors in making our decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.
Restrictions on Certain TransactionsYou may not use Card transactions for activities unrelated to the activities described in your Business Profile. Without limiting the generality of the foregoing, you may not use Card transactions for shipping products, for selling products not related to on-site work in the business described in your Business Profile, for making or receiving payments on loans or for transactions involving motor vehicles.
Any bank account or Card information may be held by FIXO in order to satisfy any account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating the Service.
You are solely responsible for all customer service issues relating to your User(s), services, fulfillment, cancellation by you, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, you are solely responsible for customer service issues relating to your account.
We will attempt to rectify processing errors that we discover, and may withhold funds pending our investigation of any such errors.
In using payment processing services, we may use third party payment processors, such as Stripe or other service providers (“Third Party Payment Processors”). By using payment processing services offered via the Service, you acknowledge and agree that the terms and privacy policies of any such third party payment processors may be applicable to you (such as Stripe’s terms located at https://stripe.com/ssa). FIXO is not liable for the acts or omissions of any third party, including any Third Party Payment Processor.
We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account until verification is completed.
Reviews may result in: - delayed, blocked or cancelled transfers; - money or payments being applied to amounts you owe to us or used to offset loss incurred by us; - account limitation, suspension or termination; - money or payments being seized to comply with a court order, warrant or other legal process; and/or Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised FIXO account, or if you were a participant in a transaction for goods and services between two personal accounts.
You are responsible for all content you provide to FIXO in connection with your use of FIXO, including photos, images, graphics, written content, or other information or data (the “Materials”). We do not claim any intellectual property rights over the Materials. All Materials you upload remain your property.
By uploading your Materials, you agree (a) to allow other User(s) of your account to view the Materials you post, (b) to allow FIXO to store, and in the case of Materials you post publicly, to display the Materials, and (c) that FIXO can, upon request, review any of the Materials, although FIXO is not obligated to do so.
You are responsible for assuring that your Materials and the content shown on your account do not violate any law or regulation, do not violate any rights of any third party, including any privacy rights, and do not infringe upon any intellectual property rights of any third party.
ACCEPTABLE USE OF OUR SERVICECertain uses of our Service, inconsistent with our mission to improve the experience of our Users, are prohibited. The following activities are prohibited:
1. Child exploitation: You may not post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
2. Harassment, bullying, defamation and threats: You may not post or upload Materials that harass, bully, defame or threaten any person.
3. Hateful content: You may not use the Service to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discrimination. You may not use the Service to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
4. Illegal activities: You may not post or upload Materials that violate any applicable laws.
5. Privacy or Intellectual property: You may not post or upload Materials that infringe on the privacy or intellectual property rights of others.
6. Obscene or offensive content. You may not post or upload any Materials that we find in our sole discretion to be obscene, indecent or offensive in any way.
7. Malicious and deceptive practices: You may not use the Service to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Service or other infrastructure of FIXO or others, including any of our third party providers. You may not use the Service for deceptive practices or activities.
8. Personally identifiable or confidential information. You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
9. Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.
10. Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
11. Terrorist organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding of, or membership in, a terrorist organization.
We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Service if you engage in activities that violate this Agreement.
Based on your configuration of the Services and your use of the Service, you may choose to send job related notifications to your customers. You agree that you are the sender of these communications, not FIXO. You also agree that FIXO is not liable to you, your employees or independent contractors, or your potential or actual customers for any such communications. You further agree that you will indemnify and hold harmless FIXO from any claims that these communications violate any federal or state law or regulation.
If we have reasonable suspicion of misuse, we may in our discretion, temporarily suspend or deactivate your account functionality for any period of time.
You authorize FIXO, inclusive of its agents, affiliates and independent contractors, to contact you at the email address or telephone number that you have provided to FIXO for advertisement, telemarketing, solicitation or other purposes, using an automatic telephone dialing system or a pre-recorded voice to deliver a message. You can unsubscribe from these messages in the settings of your account. If you do not consent to receive these messages or if you later unsubscribe, you may miss out and not receive certain messages from FIXO.
FIXO and Users are separate and independent entities, and the employee of one of those entities is not an employee of the other entity. We are not an agent of the Users and vice versa. In no event will FIXO be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Users or any of its affiliates or their respective personnel.
No Warranty or Endorsement of Users Services WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR USER. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. WE DO NOT WARRANT USERS’ PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY USER. WE DO NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THE USERS’ ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER. FIXO IS NOTHING MORE THAN A TOOL TO FACILITATE SERVICE JOB INFORMATION ENTRY AND TIME MANAGEMENT.
USERS ARE SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH CONSUMERS. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH USERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY USER, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE USERS DIRECTLY. WE ARE NOT A PARTY OR THIRD- PARTY BENEFICIARY TO THE RELATIONSHIPS BETWEEN CONSUMERS AND USERS.
IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, USER EXPRESSLY AGREES TO RELEASE FIXO, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF FIXO’S MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. WE MAKE NO REPRESENTATION THAT THE SERVICE WILL SATISFY ANY REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OR OF ANY OTHER LAW, REGULATION OR ORDINANCE GOVERNING ACCESSIBILITY OF WEBSITES OR PLACES OF PUBLIC ACCOMMODATION OR OF ANY PRODUCTS OR SERVICES. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.
WE MAY FROM TIME TO TIME RECOMMEND, PROVIDE YOU WITH ACCESS TO, OR ENABLE THIRD PARTY SOFTWARE APPLICATIONS, PRODUCTS, SERVICES OR WEBSITE LINKS (“THIRD PARTY SERVICES”) FOR YOUR CONSIDERATION OR USE. SUCH THIRD PARTY SERVICES ARE FOR YOUR CONVENIENCE ONLY AND WE MAKE NO WARRANTY OF ANY KIND WHATSOEVER REGARDING SUCH THIRD PARTY SERVICES.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, OR THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, USERS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, CONSUMER USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. IN NO EVENT WILL FIXO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF FORESEEABLE, EXCEED THE SUM OF ALL FEES PAID BY YOU TO FIXO IN THE PREVIOUS SIX (6) MONTHS. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In order to protect the integrity of the Service, we reserve the right, at any time, in our sole discretion, to block Users from certain IP addresses and UDIDs from accessing the Service.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.
This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason. To cancel an account, please send an email to info@getfixo.com. If you terminate your account, your account will be disabled within 30 days. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to us. All decisions regarding the termination of accounts shall be made in the sole discretion of us. We are not required to provide you notice prior to terminating your account. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.
This Agreement is governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.
The Service is controlled and operated by FIXO from its offices within the United States and is intended only for use by users in the United States and Canada. The Service is not intended to subject FIXO to any non-U.S. jurisdiction or law. FIXO makes no representation that the information or materials on or linked through the Service is appropriate or available for use in other locations. If User chooses to access the Service from other locations, it does so on its own initiative and at its own risk and is responsible for compliance with all applicable laws, rules and regulations in its respective location in doing so.
You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in Texas, except that “common count” claims recognized under Texas law to recover a debt, including book account, account slated, reasonable value of services delivered, and money had and received, shall not be subject to arbitration but shall be subject to resolution in a legal proceeding in state courts located in Texas or in any other court having jurisdiction. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Service be instituted more than three (3) years after the cause of action arose. Subject to applicable law, any disputes between us will only be resolved on an individual basis, and You shall not have a right to bring an action against us as a member or representative of a class or in any consolidated or collective action or in any other legal proceeding conducted by a group or by a representative on behalf of others and any such rights are expressly waived.
You agree to indemnify, defend and hold harmless FIXO, its parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of (a) any of your acts or omissions, (b) any violation or breach by you of this Agreement, or (c) any claim that any of the Materials, or your use of the Service, violates any law or regulation or any right of any third party, including any right of privacy, or infringes upon any intellectual property rights of any third party. This Agreement shall be governed by the laws of the State of Texas, without its conflict of law principles. Any dispute arising under, in connection with, or relating to this Agreement (including as to any breach) shall be resolved exclusively by the state or federal courts located in Harris County, Texas.
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than FIXO and the Users, any benefit, right or remedy.
The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context.
Under no circumstances will FIXO be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond FIXO’s reasonable control.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
The failure by FIXO to enforce any right or provision of this Agreement will not prevent FIXO from enforcing such right or provision in the future.
No delay, failure or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by an acts of war; terrorism, hurricanes, earthquakes and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party’s reasonable control.
FIXO may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. User may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without FIXO’s prior written consent.
FIXO may send notices pursuant to this Agreement to User’s email contact points provided by User, and such notices will be deemed received at the time they are sent. User may send notice pursuant to this Agreement to the email address below, and such notices will be deemed to be received at the time they are sent.
If User has questions or comments about the Service or this Agreement, please contact us contact us at info@getfixo.com.