TERMS OF USE
FIXENSE, along with its associated website and mobile application (“Website and App”), is owned and operated by Fixense Corporation (FIXENSE). FIXENSE provides service provider contracting services (“Services”). FIXENSE makes this Service available through their Website and App and subject to these terms and conditions (“Agreement”). Please take the time to review this Agreement in full as it controls and governs your relationship with FIXENSE and your use of the Services.

BY USING THE WEBSITE AND APP, YOU AGREE AND MANIFEST YOUR ASSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT, INCLUDING THOSE RELATING TO ARBITRATION AND YOUR WAIVER OF CLASS ACTION RIGHTS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND APP AND DELETE ANY ACCOUNT THAT YOU MAY HAVE CREATED WITH THE WEBSITE AND APP. FIXENSE RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE AND APP AFTER FIXENSE AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE AND APP.

1. User Warranties

You warrant that you are age eighteen (18) or over, or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website and App Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website and App or using the Services on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.

2. Privacy Policy

FIXENSE hereby incorporates its Privacy Policy as if fully restated herein.

3. Intellectual Property

FIXENSE is the owner of all rights in and to the Website and App, the Services, and associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights. The Website and App are subject to copyright and other intellectual property rights, and FIXENSE provides you with the right to use the Website and App on a limited basis and subject to the terms of this Agreement. You are expressly prohibited from using the Website and App for any purposes not stated in this Agreement.

FIXENSE is the owner of the FIXENSE mark, which are the registered or common law trademarks, design marks, and trade names of FIXENSE. FIXENSE is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website and App, which constitutes the trade dress of FIXENSE. You are prohibited from using FIXENSE’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website and App are the property of their respective owners.

FIXENSE hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website and App for its customary and intended purposes. Use of the Website and App for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to FIXENSE.

4. International Access

Users may access the Website and App from any country in the world. This Website and App and the Services may be available only in certain countries. Any reference to a product does not guarantee that it will be made available outside of the United States or in any specific country. If you access the FIXENSE Website and App outside of the United States, you are responsible for complying with the relevant laws and regulations.

5. The Services (“Services”)

“Service Providers” are third party skilled professionals who offer their services through the FIXENSE Website and App.

“Professional Services” is the work provided by the Service Providers to the Users.

“Users” are those consumers who create an account on the FIXENSE Website and App for the purposes of contracting with a Service Provider.

FIXENSE offers Services that enable Service Providers and Users to communicate and arrange for professional work to be performed. Your ability to obtain professional services through the use of the Website or App does not establish FIXENSE as the provider of any professional services outside of the Services as herein defined.

6. No Professional Advice

Any information available on this website, social media, or provided by any FIXENSE employee or agent, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute professional or technical advice. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy

7. Communication

FIXENSE requires Users to register an account (“Account”) to access FIXENSE Services. Only you, or someone with your permission, may use your Account. You agree that, in registering an Account, you will provide FIXENSE with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password, and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to FIXENSE. By creating an Account, you agree that FIXENSE may contact you by any available means, including, but not limited to, email, text message and telephone calls. You understand and agree that you may opt out of future correspondence from FIXENSE by either clicking the unsubscribe link within the e-mail sent to you by FIXENSE, or by terminating your Account.

8. User Conduct

Users may not authorize third parties to utilize their accounts or transfer or assign their accounts for any reason. Persons under the age of 18 may not access or use User accounts. Users must have proper identification at all times while using the services. You may be asked to provide proof of identity and FIXENSE reserves the right to deny services if you refuse to or are unable to provide such proof.

Users must comply with all requirements outlined in the “Workflow Guidelines”. FIXENSE reserves the right to revise the Workflow Guidelines at any time. Estimates provided prior to Service Provider evaluating the work in person are merely estimates and do not constitute the final price for the work. Services Providers will provide a final price after inspection and evaluation of the project in person.

9. Support

FIXENSE strives to make using the Services as seamless as possible. When questions, problems or concerns arise, our contact page is easy to use and the best way to get ahold of us. Simply fill out the contact form or click the “send us an email”. Our goal is to always reply within 24 hours.

10. Restrictions on Use of the Website and Services

You are expressly prohibited from making any use of the Website or Services outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website, whether in whole or in part, without the prior written consent of FIXENSE. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with FIXENSE’s robots.txt file. The following is a non-exhaustive list of prohibited conduct, which shall be determined in FIXENSE’s sole discretion:

  • Imposing a disproportionate load on the Website or its server infrastructure, or otherwise attempting to interfere with the operation of the Website or App;
  • Circumventing FIXENSE’s technological or security protection mechanisms;
  • Using a robot, spider, scraper, or other automated technology to access the Website or App;
  • Attempting to gain access to the private data or personal information of a User or Service Provider of the Website or App or of a third party; or
  • Harassing a User or Service Provider in any way.

11. Reviews and Ratings

Users will be able to leave reviews and ratings for Service Providers. Users may only leave accurate reviews based on first hand experiences with the Service Provider. FIXENSE does not remove any reviews or change or remove ratings submitted by Users who have had contact with the Service Provider through use of the Services.

12. Copyright Policy

The Fixsense Website and App, and all associated content and services, are © 2019 Fixense Corporation.

If you believe that content on this Website infringes your copyrights, you may provide FIXENSE a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.

This notice of copyright infringement must contain the following:

  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work(s) alleged to have been infringed;
  • The location of the copyrighted work(s) on the Website;
  • Your contact information, such as an address, telephone, fax number, or email address;
  • A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

To request permission to reprint or use any of this copyrighted material, please email us at: info@fixense.com

Users and Service Providers may post content to their individual accounts in the form of photos or other content “Content”. FIXENSE does not claim ownership of any Content that you post on or through the Service. You hereby grant FIXENSE a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.

13. Third Party Links

You understand and agree that the Website may contain links to third party websites that are not owned or controlled by FIXENSE. FIXENSE will not be held liable or responsible for the content of third party websites, and you are advised to review the terms of use agreements and privacy policies of those websites.

14. Term and Termination

This Agreement will remain in full force and effect until terminated under the terms of this Agreement. Your termination of your Account will not terminate any obligation that you may have to make payment to FIXENSE for amounts due and owing. FIXENSE may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.

15. Service Provider Warranty

Service Providers have the option to outline a warranty for their work on their profile. FIXENSE does not warrant any work performed by Service Providers and is not liable for any damages resulting from Service Provider’s work, non-performance, or negligence.

16. Disclaimer of Warranties

FIXENSE PROVIDES THE WEBSITE AND APP, INFORMATION, AND SERVICES ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW. FIXENSE PROVIDES NO WARRANTY OR GUARANTEE OF ANY WORK PERFORMED BY SERVICE PROVIDERS.

17. Limitation of Liability

FIXENSE WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF FIXENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FIXENSE DOES NOT AND CANNOT GUARANTEE 100% UPTIME OF THE WEBSITE AND YOU AGREE FIXENSE IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY INTERRUPTION OF SERVICES PROVIDED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY INTERRUPTION OF USE OF THE WEBSITE.

18. Indemnification

FIXENSE Users, and any other person or entity using the Website, Services, or Property agree to hold harmless, indemnify, and defend FIXENSE, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, either directly or indirectly, that arise out of or are related to your use of the Website or the Services, including registration or use of an Account, your violation of any term or condition of this Agreement, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend FIXENSE under the terms of this Agreement will not provide you with the right to control FIXENSE’s defense, and FIXENSE reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend FIXENSE.

19. Resolution of Disputes, Governing Law and Limitation of Liability

This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws rules thereof. You agree that California is the sole and exclusive forum for the resolution or litigation of any dispute, claim, or cause of action arising under or related to this Agreement, including its validity, interpretation, breach, violation, or termination. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in California and waive all claims of this forum of being an inconvenient forum. The prevailing party in any action arising under or related to this Agreement shall be entitled to its attorney fees and costs.

You understand and agree that you are explicitly waiving your rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. You also explicitly waive any right to assert consolidated claims with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.

FIXENSE’s liability under the terms of this Agreement shall not exceed $1,000 and that FIXENSE is not subject to liability for any consequential, special, indirect, incidental, punitive, or exemplary damages against FIXENSE.

ALL PARTIES TO THIS AGREEMENT UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE AND EXPLICITLY WAIVE ANY AND ALL OTHER STATUTE OF LIMITATIONS OR TIME BARS.

20. Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

21. Integration

This Agreement, and its incorporated Privacy Policy, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind FIXENSE.

22. Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

23. Reservation of Rights

All rights not expressly granted herein are reserved to FIXENSE, including the right to suspend or refuse to provide its Services to anyone for any reason or no reason whatsoever.
© 2019 Fixense Corporation