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FIX IT UP - Terms of Service

Last modified: November 6, 2019

 

 

Acceptance of Terms of Service

 

These terms of service ("Terms of Service") apply to your access to and use of the websites ("Website"), services and applications (collectively, the "Services") which are owned, operated or provided by FIX IT UP QUOTES INC. ("FIX IT UP", "we," "us," "our") and constitute a legal agreement and are entered into by and between you us.

BY USING THE SERVICES, OR BY CLICKING TO ACCEPT THE TERMS OF SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT https://www.fixitup.repair/privacy-policy, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

By using the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us. If you are accepting these Terms of Service on behalf of a Business or Customer, you represent and warrant that you have full legal authority to bind such Business or Customer, and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

 

Description of the Services

 

The Services are intended to connect people who need work performed ("Customers") with people who can perform that work ("Businesses"). Here's how it works. Customers sign up for the Services through our Website. Once signed up, Customers can provide a description for a project ("Project") that requires the services of a Business.  Businesses who have signed up with the Services through our Website can then provide estimates (each, an "Estimate") to the Customer who has posted the Project through the Services. The Customer may then select an Estimate, at which point the Services will connect the Customer and the Business whose Estimate was selected.

We also offer Customers the ability to access the "Emergency Services" feature of the Services. Upon payment to the Services (as discussed under the "Payment" heading below), each Customer gains access to a list of Businesses who have made their services available on a rapid, after-hours basis.  Your access to Emergency Services is time limited and will expire after twenty-four (24) hours, or such other time as may be indicated on the Website, when a Customer purchases Emergency Services.

For Businesses, we offer a personalized URL (the "Business URL") that can be used by the Business to solicit Projects. The Business URL provides a direct link to your organization's portal, on the Services, that Customers can use to provide information for a Project that is sent exclusively to your organization. Upon payment to us of a fee (in such amount as may be set out on the Website, from time to time), you can unlock the Customer's contact information, so that you can follow up and provide an Estimate on that Project. Payment details are as discussed under the "Payment" heading below.

We also offer a direct quote service ("Direct Quote") for Businesses.  Rather than waiting for Customers to contact you, you can target them with Direct Quote. If you know a person who may have a Project that you would like to work on (a "Prospect"), we give you the ability to create a link to a customized URL, that can be broadcast on your social media or sent by you to your contact list.  By clicking on the URL, the Prospect will be taken to a website, branded with your name and logo, that will create a portal for any Prospect to provide information about a Project to you.  You can then use that information to generate an Estimate for them.  Direct Quote can help get you top of mind for your Prospects, who might be thinking about a Project, but aren’t sure who can do the job for them.

The above described Services are not meant to represent a comprehensive list of the available Services and these Terms of Service shall apply to and govern all Services presently available or that are hereafter offered from time to time by us, on or through the Website.  The Services may be offered in such geographic regions as we may make available, from time to time, and we reserve the right to expand or reduce such regions, for any reason and without notice to you on or through the Website.

More specific information about how the Services work is available on the Website.

 

Modifications to the Terms of Service and to the Services

 

We reserve the right in our sole discretion to revise and update the Terms of Service from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the Terms of Service in order to be aware of any such modifications and your continued use of the Services after such modifications shall constitute your acceptance of them.

The information and material on the Services, and the functionality of the Services, may be changed, withdrawn or terminated at any time in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us.

We reserve the right, as reasonably necessary or convenient, either for our own purposes or to improve the quality of any of the components comprising the Services, to change rules of operation for the technologies therein comprised, system interfaces, utilities, operating and other systems and software, and to implement enhancements, amendments or updates thereto.  To minimize the effect of service outages, we will undertake reasonable efforts to schedule times during which the Services will be unavailable to you, due to maintenance.

 

Your Use of the Services, Account Setup and Security

 

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Services. Users are required to ensure that all persons who access the Services through a user's internet connection are aware of these Terms of Services and comply with them.  The Services, including content or areas of the Website, may require user registration. It is a condition of your use of the Services that all the information you provide on or through the Services is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to, or through, the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on, or in, the Services.

Your provision of registration information and any submissions you make to the Services through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards reviews (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://www.fixitup.repair/privacy-policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Services or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session.  You are responsible for any password misuse or any unauthorized access to your account.

Business accounts may be subject to a review process.  When you register for a Business account, you will be able to join the Services only if your application is approved, by us, in our sole and absolute discretion.  Please note that as part of that review and approval process, we will review your business's website presence, location and such other information as we may deem appropriate.  If you do not want us to review such information, do not sign up to become a Business user.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Service.

You are prohibited from attempting to circumvent and from violating the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you (including, without limitation, the contact information of other Customers, Prospects and Businesses); (b) attempting to breach or breaching any security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting our ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Services, for any purpose, including monitoring or copying any of the material on, or in, the Services; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Services.

Any Business that uses the Direct Quote service must follow the following rules:

  1. you will not use commercial electronic messages to send Direct Quotes to any Prospects that have not consented to receiving commercial electronic messages from you (either on an express or implied basis);
  2. you will not use commercial electronic messages to send Direct Quotes to any Prospects who have indicated to you that they want to unsubscribe from receiving any commercial communication from you;
  3. you will promptly inform us, using any reporting tools we might make available for that purpose, of any unsubscribe requests you receive from any Prospect or Customer;
  4. you will not pretend to be anyone other than yourself, or your organization;
  5. you agree that you are the sole person sending or causing or permitting the communication to be sent by you, using Direct Quote; and
  6. you agree to limit your use of Direct Quote to not more than ten (10) Direct Quotes, per day.

For the purpose of using Direct Quote, each Business represents and warrants to FIX IT UP that it will follow these rules and otherwise remain in compliance with Canada's Anti-Spam Legislation, S.C. 2010, c. 23 ("CASL").  Such Businesses acknowledge that FIX IT UP is relying on such representations and warranties, without which, FIX IT UP would not make Direct Quote available, and further, that each Business is responsible for ensuring its use of Direct Quote complies with CASL, and shall indemnify and save harmless FIX IT UP and its officers, directors, subsidiaries, affiliates, employees, partners, representatives, agents, licensors and their respective successors and assigns, from any loss or harm (including administrative penalties and fines) that result from the Business’s non-compliance with CASL.

 

Payment

 

Unless otherwise indicated on the Website or in these Terms of Service, the Services are free to Customers.  There is no charge to a Business to submit an Estimate in response to a Project that has been posted by a Customer. If an Estimate is selected by a Customer, the successful Business will be charged a fee (the "Lead Fee") for the generation of the lead - this Lead Fee shall be in an amount set out on the Website, from time to time.  At any time, in our sole discretion, we reserve the right to change the Lead Fee, provided advance notice is given to you before the particular Estimate to which the Lead Fee relates is submitted.

Upon payment of the Lead Fee, the Services will provide the contact information supplied by the Customer in connection with the Project to the Business, so that the Business can contact the Customer about the Project.

In order to create an account, the Business must provide the Services a valid payment card.  The Business hereby authorizes the Services to debit the Lead Fee (and any other payments that are referenced in these Terms of Service or on the Website, from time to time) from such payment card, as and when the Business's Estimate is selected by the Customer and the Customer's contact information is provided by the Services to the Business. Should, at any time, your payment card be declined or become invalid, your account will be locked until such time your payment method is activated with a valid payment card.

Payment terms - including the amounts - for the Emergency Services and the Business URL service shall be as set out on the Website, from time to time. As with the Lead Fee, you must provide us a valid payment card, in order to use these aspects of the Services, and you agree that we may debit your payment card to satisfy all of your payment obligations arising therefrom.

Unless stated otherwise, all prices quoted are payable in Canadian dollars, provided that we may offer you the ability to purchase or earn through the Services FIX IT UP tokens ("Tokens"), which Tokens can be used by you to satisfy some or all of your payment obligations to us. The value of each Token shall be as set out on the Website as at the time you purchase or earn the Token.

ANY PAYMENT TO US SHALL BE PAYABLE REGARDLESS OF WHETHER OR NOT THE CUSTOMER AND THE BUSINESS ULTIMATELY ENTER INTO A CONTRACTUAL RELATIONSHIP REGARDING THE PROJECT AND/OR WHETHER OR NOT THE PROJECT IS COMPLETED SUCCESSFULLY OR AT ALL.  WE DO NOT OFFER REFUNDS OF THE LEAD FEE IN ANY CIRCUMSTANCES.

You agree to indemnify and hold harmless FIX IT UP QUOTES INC. and its officers, directors, subsidiaries, affiliates, employees, partners, representatives, agents, licensors and their respective successors and assigns, against any chargeback costs (plus any related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us through the Website or the Services.

The cost of all applicable taxes arising from your use of the Services shall be added to any payment that you are responsible for paying us.

Payments are processed by and through a third party payment processor, made available to you through the Services.  The processing of your payment is therefore conducted by an entity wholly separate from and independent of us, and we hereby disclaim absolutely any and all liability, whether, direct, indirect, vicarious or otherwise, for the processing of your payment.  You acknowledge and agree that we provide access to such third party payment processors "as is" without any warranties, representations or conditions of any kind.  Your use of third party payment processors is entirely at your own discretion and you should ensure you are familiar with, and approve, the terms on which such services are provided by the relevant third party payment processors.  We do not have access to your personal credit card details and your personal details are subject to the security policies and systems employed by the third party payment processor.  As such, you are advised to make yourself familiar with such security policies and systems.  Other payment methods may be made available in the future, and you should read these Terms of Service periodically for the methods that may then be available.

We reserve the right to charge a payment for the use of the Services, for such Services and in such amounts as we may determine, from time to time, upon notice to you.

 

Referrals

 

Like the Services? You can generate credits through referrals - here's how.

If you're a Customer, you can send the user URL we provide you, to your friends or other businesses.  For each friend or other business that creates an account with your user URL, you will receive a Token (the number and value of each such Token to be set out on the Website from time to time).  Tokens have no cash value and can only be used as an offset against any payment obligation you have to us.

If an organization signs up with the Services, becomes a Business and generates Lead Fees, we will credit to your account a percentage of each Lead Fee that is generated by those other Businesses, as long as those other Businesses are tagged to your account.  The percentage of Lead Fees you will be credited will be as set out on the Website from time to time.  Once you hit $100 worth of credits, we will issue payment to you, by cheque or such other payment method as may be set out on the Website, from time to time.

 

Intellectual Property Rights and Ownership

 

You understand and agree that the Services and the entire contents, features and functionality that comprise the Services, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws, including without limitation, copyright, trade-mark, patent, trade secret and any other proprietary rights.

Our name, and all related names, logos, product and service names, designs, images and slogans, are trade-marks of Fix it Up or its licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on, or in, the Services, are the trade-marks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Services for your personal and non-commercial use, and only for lawful purposes and in accordance with these Terms of Service. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, in any form or medium whatsoever, except that:

  1. your device and browser may temporarily store or cache copies of materials being accessed and viewed;
  2. a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
  3. one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by these Terms of Service, in respect of your use of such downloads; and
  4. if social media platforms are linked to certain content on, or in, the Services, you may take such actions as the Services and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from the Services, nor to delete or alter any copyright, trade-mark, or other proprietary rights notices from copies of materials from the Services.  You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you print, copy or download any part of the Services in breach of these Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Services or to any content on, or in, the Services, and all rights not expressly granted are reserved by us. Any use of the Services that is not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trade-mark, and other intellectual property or other proprietary laws.

 

Conditions of Use, User Submissions and Site Content Standards

 

As a condition of your access and use, you agree that you may use the Services only for lawful purposes and in accordance with these Terms of Services.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service. You represent and warrant that: (a) you are legally entitled to submit any User Submissions you have submitted to the Services, in the manner you describe them; and (b) all User Submissions you submit to us are true and correct.

Without limiting the foregoing, you warrant and agree that your use of the Services and any User Submissions shall not:

  1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trade-mark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy found at https://www.fixitup.repair/privacy-policy.
  2. In any manner violate the terms of use of any third-party website that is linked to the Services, including but not limited to, any third-party social media website.
  3. Include or contain any material that is determined to be exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory, based on race, sex, religion, nationality, disability, sexual orientation, or age or any other such legally prohibited ground, or be otherwise objectionable, such determination to be made in our sole discretion.
  4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way, by exposing them to inappropriate content or otherwise, or ask for personal information as prohibited under applicable laws, regulations or codes.
  5. Involve, provide or contribute any false, inaccurate or misleading information.
  6. Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  7. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation. Without limiting the generality of the foregoing, you shall not access or use the contact information of Customers, Prospects or Businesses, other than as permitted by the Services, and your use of such contact information shall comply with CASL.
  8. Fraudulently represent online advertisement impressions, clicks, conversion or data events, in order to generate revenue, or for any other purpose.
  9. Willfully circumvent any measures of the Services that are designed to generate revenue.
  10. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability.
  11. Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, or alarm any other person.
  12. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  13. Give the impression that anything you do or say is endorsed by us or any other person or entity, if this is not the case.

 

User Submissions: Grant of License

 

The Services may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Services will be subject to any confidentiality by us. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Service. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms of Service.

You understand and agree that you, not us, nor our parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

We reserve the non-expiring right to use and disclose (for commercial purposes or otherwise) the textual and numerical statistical portion of all data in the Website and the Services at any time to conduct analysis for industry trends, provided that such data shall not be singularly isolated and labeled as a particular Business or Customer's data.

 

Monitoring and Enforcement, Suspension and Termination

 

We have the right, without provision of notice to:

YOU WAIVE AND HOLD HARMLESS FIX IT UP QUOTES INC. AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN (OR NOT TAKEN) BY FIX IT UP QUOTES INC. AND ANY OF THE FOREGOING PARTIES, RELATING TO ANY INVESTIGATIONS BY EITHER FIX IT UP QUOTES INC. OR SUCH PARTIES, OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party, to monitor the Services or their use, including moderating the content of any User Submissions regarding other Customers or Businesses. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

 

No Reliance

 

Although we make reasonable efforts to update the information on, and in, the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on, or in, the Services, is accurate, complete or up to date.  Your use of the Services is at your own risk and neither we, nor our subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns, have any responsibility or liability whatsoever, for your use of the Services.

The Services include content provided by third parties, including from third-party licensors. All statements and/or opinions expressed in any such third-party content (including but not limited to, User Submissions), other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither us nor our subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns, have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

 

Third Party Websites

 

For your convenience, the Services may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Services. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Services may include links to certain social media features that enable you to link or transmit on your own, or using certain third-party websites, certain content from the Services. You may only use these features when they are provided by us and solely with respect to the content identified by us.

 

Privacy

 

By submitting your personal information and using the Services, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://www.fixitup.repair/privacy-policy.

 

Consent to Electronic Communication

 

When you visit the Website or use the Services, or send email or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, text messages or by posting notices on, or through, the Services.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and/or signed.  You further agree that your provision of contact information to us, constitutes consent for us to use such contact information as we deem necessary, in order to provide the Services or to protect our interests in connection with same.  You will only provide contact information if the person has consented to receiving communication as part of the Services.

 

Geographic Restrictions

 

The Services are not intended for use in any jurisdiction where their use is not permitted. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

 

No Recourse

 

FIX IT UP QUOTES INC. (as the owner and operator of the Website and the Services), Customers and Businesses are all fully independent contracting parties.  Any products or services offered by a Business and accepted by a Customer, are offered and accepted independently from, and to the full exclusion of, FIX IT UP QUOTES INC., at a price which is set at the full, sole and exclusive discretion of the Business and to the full exclusion of FIX IT UP QUOTES INC.  Any price suggested by a Business is subject to negotiation between the Business and the Customer, on their own behalf and for their own benefit, as fully competent contracting parties independent of FIX IT UP QUOTES INC.  For greater certainty, FIX IT UP QUOTES INC. provides an enabling platform to connect Businesses and Customers, only.

In addition, your use of the Website and the Services may rely on information which is offered by Businesses, Customers or Prospects (as the case may be).  We have no responsibility to you for anything these third parties do (or fail to do) and we provide no warranties or guarantees about third parties or the information or services they provide.  Your use of such services may be subject to specific terms and conditions which are set by those third parties.  Further, we are not a party to any relationship between you and any third party which is formed as a result of a successful Estimate, or otherwise through the Website or the Services, including, but not limited to, you and a Business, Customer or Prospect (as the case may be), and as such, we have no responsibility to you as regards your relationships with these third parties.  You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.

 

Disclaimer of Warranties

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, AN ESTIMATE OR A DIRECT QUOTE), IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE TAKE NO RESPONSIBILITY FOR AND DO NOT ASSUME ANY OBLIGATION TO REVIEW OR PRE-SCREEN ANY CUSTOMER OR BUSINESS ACCOUNTS THAT ARE CREATED AND MADE AVAILABLE THROUGH THE SERVICES, OR THE CREDENTIALS OR QUALIFICATIONS OF ANY USER.

WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR THE OUTCOME OF ANY SERVICES OFFERED BY YOU, OTHER BUSINESSES OR CUSTOMERS, OR ANY OTHER THIRD PARTIES.  WE ARE NOT RESPONSIBLE FOR VERIFYING THE VERACITY OF CLAIMS MADE BY ANY BUSINESSES OR CUSTOMERS AS TO THE EDUCATIONAL OR PROFESSIONAL QUALIFICATIONS THEY POSSESS, AND SHALL NOT BE HELD LIABLE FOR ANY SUCH CLAIMS WHICH MAY BE PROVEN TO BE UNLAWFUL, DECEPTIVE, MISLEADING, FRAUDULENT OR TORTIOUS, NOR ARE WE INVOLVED WITH, OR RESPONSIBLE FOR, THE CUSTOMER'S DECISION TO SELECT A WINNING ESTIMATE. WE CANNOT GUARANTEE THAT ANY BUSINESSES OR CUSTOMERS WILL RESPOND TO A QUOTE REQUEST, OR THAT ANY SUCH RESPONDING ESTIMATES WILL BE SUITABLE FOR THE CUSTOMER'S NEEDS.   

WE ARE NOT A PARTY TO THE RELATIONSHIP BETWEEN YOU AND ANY OTHER BUSINESS, CUSTOMER OR PROSPECT, AND AS SUCH, WE HAVE NO RESPONSIBILITY TO YOU AS REGARDS: (A) THE PRODUCTS AND SERVICES YOU PURCHASE OR SELL (OR OFFER TO PURCHASE OR SELL) TO OR FROM BUSINESSES OR CUSTOMERS (AS THE CASE MAY BE); (B) YOUR INTERACTION WITH ANY OTHER BUSINESS, CUSTOMER OR PROSPECT; (C) ANY TRANSACTIONS YOU MAY ENTER INTO OR ATTEMPT TO ENTER INTO, WITH ANY OTHER BUSINESS, CUSTOMER OR PROSPECT; (D) COLLECTING OR REMITTING ANY APPLICABLE TAXES, IN RESPECT OF SUCH TRANSACTIONS.  YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE.

NEITHER FIX IT UP QUOTES INC. NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR THEIR CONTENTS (INCLUDING CONTENT YOU SUBMIT TO THE SERVICES). WITHOUT LIMITING THE FOREGOING, NEITHER FIX IT UP QUOTES INC. NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, REPRESENT OR WARRANT THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR DEVICES, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

 

Limitation on Liability

 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL FIX IT UP QUOTES INC. NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF SUCH HARM OR LOSSES.

UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF FIX IT UP QUOTES INC. NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS TO YOU FOR DAMAGES SUFFERED BY YOU ARISING OUT OF, RELATED TO OR CAUSED BY THE WEBSITE, THE SERVICES OR THE USE THEREOF, EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE SIX-MONTHS' PERIOD WHICH PRECEDES THE OCCURRENCE OF SUCH DAMAGES.  YOU ACKNOWLEDGE THAT THE FEES PAID BY YOU REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FIX IT UP QUOTES INC. WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

 

Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FIX IT UP QUOTES INC., its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns (collectively, the "Indemnified Parties"), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) (collectively, the "Losses") arising out of or relating to your breach of these Terms of Service or your use of the Services, including, but not limited to, third-party sites, any use of content on, or in, the Services, and products, other than as expressly authorized in these Terms of Service.

Further, and without limiting the generality of the foregoing, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any Losses arising out of or related to a breach of the warranty given above with respect to the use of Direct Quote, as it relates to CASL, and/or your non-compliance with CASL, including in both cases, without limitation, any and all actual or threatened Losses (including, without limitation, fines and administrative monetary penalties), and you further agree to waive any and all claims you may have against the Indemnified Parties, in respect of same.

 

Maintenance Outages

 

We reserve the right, as reasonably necessary or convenient, either for our own purposes or to improve the quality of any of the components comprising the Website or the Services, to change rules of operation for the technologies therein comprised, system interfaces, utilities, operating and other systems and software, and to implement enhancements, amendments or updates thereto.  To minimize the effect of service outages, we will undertake reasonable efforts to schedule times during which the Website or the Services will be unavailable to you, due to maintenance. We cannot be held responsible if you fail to be selected to work on a Project, or if the Business you have selected to bid on or work on a Project is unable to bid on or work on a Project, because the Website or the Services are unavailable or do not function in the manner contemplated herein, in whole or in part.

 

Governing Law and Jurisdiction

 

The Services and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Saskatchewan or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the Services and under these Terms of Service will be instituted in the courts of the province of Saskatchewan, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Saskatchewan), S.S. 1990-91, c I-10.3, as amended, replaced or re-enacted from time to time.

 

Waiver

 

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or these Terms of Service, and, where applicable, you also agree to opt out of any class proceedings against us or our licensors.

 

Severability and Survival

 

If any term or provision of these Terms of Service is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction. Any provision of these Terms of Service that must survive to fulfill its essential purpose (whether expressly stated as such or not) and any obligation you have to pay fees incurred before termination, will survive the termination of these Terms of Service.

 

Entire Agreement

 

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and us, regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

 

Reporting and Contact

 

The Services are operated by FIX IT UP QUOTES INC.

All notices of copyright infringement claims should be sent to brad@fixitup.repair.

If you become aware of misuse of the Services, you must report it to us, at brad@fixitup.repair.

All other feedback, comments, requests for technical support, and other communications relating to the Services, should be directed to brad@fixitup.repair.