FIXTERS User Agreement & Terms for Online Services
Last updated: December 11, 2016
Welcome to FIXTERS! The www.fixters.com site and member portal (collectively, the “Site”) and the underlying Content (defined below), products, services and proprietary web-based software system maintained on the Site (collectively, the “Services”) are owned and operated by Remodel Mastermind, LLC, a Colorado limited liability company (“Fixters,” “we,” “our,” or “us”). This User Agreement & Terms for Online Services (“Terms”) is a legally binding contract between Fixters and you (“User” or “you”) that spells out what you can expect from us, and what we expect from you in connection with the Site and Services. Your access to and use of the Site and Services, including all resources, coaching, tools, features and Content accessible through the member portal (collectively “Subscription Tools”), are subject to and governed by these Terms.
BY ACCESSING THE SITE OR USING ANY OF THE SERVICES, YOU HEREBY AGREE THAT YOU ARE 18 YEARS OF AGE OR OLDER. YOU FURTHER AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU ARE UNDER THE AGE OF 18 OR YOU DO NOT UNEQUIVOCALLY AGREE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE OR ANY SERVICES.
2. General Terms and Conditions of Use. a. Definitions. i. “Authorized End User” means User’s employees and contractors provided that each individual contractor agrees to comply with these Terms. ii. “Content” means all information, software, photos, video, text, graphics, music, sounds or other material, including but not limited to Subscription Tools, provided by Company or third parties via the Site and Services. iii. “Fees” means any fees payable to Fixters by User in connection with a Subscription, Coaching (as defined below), any product order, or any other fee-based services made available by Fixters of its affiliates or partners through the Site. iv. “Intellectual Property” means intellectual property rights (including, but not limited to, patents, patent applications, trade secrets, trademarks, trade names, service marks, logos, moral rights, copyrights, and any other rights inherent thereunder, along with any
is granted a limited, nonexclusive, non-transferable and non-sublicensable license to use the applicable Software Tools for the duration of the Subscription Term. User shall not allow any third party to use or access any Subscription Tools without Fixters’ prior written consent. All rights not otherwise expressly granted by these Terms are reserved by Fixters. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Site or Services. Other than Subscription Tools currently licensed to User under an existing Subscription, Fixters may discontinue or alter any aspect of the Site or Services, remove Content from the Site, restrict the time the Site is available, or restrict the amount of use permitted at Fixters’ sole discretion and without prior notice or liability. You agree that such measures shall be taken in Fixters’ sole discretion and without liability to you or any third party. e. Documentation. Fixters hereby grants to User a limited, non-exclusive, nontransferable, and non-sublicensable right and license to use and make a reasonable number copies of materials and Content available on the Site only for internal use, archival purposes, and for training and educating User’s Authorized End Users, provided that all proprietary notices of Fixters and its licensors, if any, are reproduced. f. User Data. Any User Data provided to Fixters, either during the Subscription registration process, via posts made by users to the Site, or in connection with Coaching, is the Intellectual Property of the specific users who provide such User Data. By posting, delivering or otherwise providing User Data, you hereby grant to Fixters a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Data. Fixters does not generally monitor or otherwise remove User Data after it is provided or posted on the Site except as required or permitted by law or otherwise in the sole discretion of Fixters, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms. Fixters does not make any warranties or representations regarding any of the User Data. Fixters does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in User Data. Fixters is not and will not be liable for any User Data that may be offensive, indecent, vulgar, defamatory or otherwise objectionable. User is responsible for the accuracy and content of all User Data. User is also responsible for securing and maintaining all rights in User Data to allow Fixters to provide the Services (including any Subscription Tools) to User without violating any third party’s rights, including any intellectual property rights. g. Content. User acknowledges that the Site contains and provides access to
3. Services and Right to Use. a. Service Delivery. User understands and agrees that the Services (including any applicable Subscription Tools) will be provided by Fixters and/or its licensors. User understands and agrees that the Services and Site may be hosted by Fixters’ trusted third party hosting service provider(s) and made accessible by Fixters to User via internet connections pursuant to these Terms. b. Subscriptions. Unless otherwise provided by Fixters, User must purchase a Subscription in order to access and use Subscription Tools for the Subscription Term.
c. Acceptable Use. User assumes sole and complete responsibility for ensuring that the Site and Services (including any applicable Subscription Tools) are used only by User and its Authorized End Users. Neither User nor any of its Authorized End Users may modify, decompile, reverse compile, disassemble, reverse engineer, decrypt, or otherwise seek to recreate the source code of the Site or Services, adapt the Services in any way, use Services to create a derivate work, or grant any other person or entity the right or access to do so, without the advance written consent of Fixters. User (or its Authorized End Users) may not duplicate, copy, unbundle, sublicense, hypothecate, sell, assign, transfer, display, distribute, lend, rent, lease or host the Services or
any portion thereof to or for a third party, except as expressly permitted in these Terms.
d. Account. Access to the member portal and Subscription Tools is provided on a Subscription basis. Users will be required to register with Fixers through the Site in order to obtain such access. The registration process will require User to provide certain requested information (including personal information and payment information). Upon completion of the registration process, User will be provided with account and login information. As part of User’s Subscription, User may have the ability to create additional associated accounts for Authorized End Users. Each Authorized End User, including User, must agree to these Terms, and User is fully responsible and liable for ensuring that each Authorized End User agrees to and complies with these Terms. User must immediately notify us if User’s registration information changes or if User learns of or have reason to suspect any unauthorized use of User’s account or any other breach of security. User is responsible for maintaining the confidentiality of User’s and its Authorized End Users’ usernames and passwords and is fully responsible for all activities that occur under User’s account. User also agrees to provide truthful and accurate information during the registration process. Fixters may refuse to grant you a particular username for any reason, including, without limitation, if Company has reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
e. Third Party Resources. As a service to our users, we may provide information about other resources that may be of interest, including deals or promotions provided by third party partners or affiliates. Fixters is not responsible or liable for any content, advertising, promotions, products or other materials on or available from such sites or resources, and the presentation of third-party links, content, deals or promotions by Fixters is not intended to be an endorsement, sponsorship or recommendation by Fixters. Please be aware that when you exit the Site, you are subject to the policies of the new third party website you visit. You further acknowledge and agree that Fixters shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any third-party website or resource.
4. User’s Obligations
a. Primary Obligations. User shall have the sole responsibility for acquiring, installing and maintaining its own technology environment and equipment necessary to properly access, operate and utilize the Site and Services, including, without limitation: servers, internet access, LANs and WANs; for any communications or other costs incurred in operating, accessing and
using the Site and Services; and for any other expenses relating to the foregoing. User shall be responsible for establishing adequate operational back-up systems and procedures to ensure recovery and continuity of its systems and operations in the event of a failure. User shall limit use of and access to the Site and Services solely to those of its Authorized End Users whose duties require such use and access and shall undertake best efforts to ensure that Fixters’ Confidential Information and Intellectual Property are kept secure. User shall use its best efforts to ensure that all Authorized End Users afforded access to Content through the Site shall protect the same against unauthorized use, dissemination or disclosure. User shall have the sole responsibility for maintaining the privacy and security of all User Data. User agrees to cooperate with Fixters as necessary to allow Fixters to provide the Services and perform its obligations pursuant to these Terms, and to provide, in a timely manner, such information, including the User Data, that is complete and accurate in all respects, as Fixters may require in order to provide the Site and Services to User.
b. Data Protection. User shall be responsible for protection of its data against loss, damage or destruction, including, but not limited to, back-ups, anti-virus protection and data security measures. Fixters will have no responsibility or liability for lost, damaged or destroyed data. User hereby agrees to indemnify and hold harmless Fixters and its directors, officers, agents, employees, members, subsidiaries, and successors in interest (“Fixters Indemnitees”) from and against any and all damages, losses, liabilities, settlements and expenses (including, without limitation, reasonable costs and attorneys’ fees) in connection with loss, damage or destruction of its data.
c. Suitability. User is responsible for determining the suitability of the Site and Services (including any applicable Subscription Tools) for its operations and whether the Site and Services will achieve the results that User desires. User is responsible for ensuring the accuracy of any User Data or other data input into the Site and ensuring and confirming the accuracy of any output, results or recommendations (including in connection with any coaching services) provided or created by the Site and Services prior to use or dissemination. User hereby agrees to indemnify and hold harmless all Fixters Indemnitees from and against any and all damages, losses, liabilities, settlements and expenses (including, without limitation, reasonable costs and attorneys’ fees) in connection with output, results, recommendations or other information made available through the Site and Services.
d. User Conduct. User agrees that when using the Site or engaging in any Coaching, User will not:
i. Delete, hack, or attempt to change or alter any Content or notices; ii. Use any device, software, or routine intended to damage, bypass, modify, circumvent or interfere with the proper functioning of the
Site, servers, or networks connected to the Site, or take any other action that interferes with any other person’s use of the Site; iii. Use any automatic or manual device or process to harvest or compile information from the Site for any reason; iv. Introduce into the Site any malicious or intentionally destructive software routines designed to permit unauthorized access to limit the functionality of computer software or hardware, gain unauthorized access to any other computer system, crack passwords or security encryption codes, or otherwise disable, erase, or harm the Site or any Content; v. Attempt to access any other user’s information; vi. Send any chain letters, junk mail, spam, unauthorized e-mail, or advertisements; vii. Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity; viii. Use the information in the Site to create or sell a similar service or similar information; or ix. Post, upload, or transmit any User Data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, indecent, sexually explicit, invasive of another’s privacy, hateful, or intended to offend any person based on a person’s race, ethnic heritage, national origin, sex, sexual orientation or preference, age, physical or mental illness or disability, marital status, employment status, housing status, or religion.
6. Coaching Services
a. Explanation of Coaching. By purchasing a Subscription, Users are granted access to Subscription Tools including personalized real-time advice and coaching services (“Coaching”) provided by experienced individuals in the renovation industry (“Coaches”) via telephone, live chat, email, text or other electronic forms of communication. Depending on User’s Subscription Level, Coaching may be made available on an unlimited basis without charge during the Subscription Term for a certain limited period of time without charge
during the Subscription Term or on a per-minute fee basis. Please refer to Fixters’ Coaching Rules for additional information regarding Coaching, which rules are incorporated into these Terms by this Reference.
b. User Interactions with Coaches. By engaging in Coaching, User agrees that its conduct, interaction and communications with Coaches shall conform with all User Conduct rules contained in these Terms. Any threats, intimidation or other improper or disrespectful behavior towards Coaches is strictly prohibited. When interacting with Coaches, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.
c. Disclaimers. By engaging in Coaching, you expressly acknowledge and agree that:
i. Coaching is informational purposes only. All information, advice and recommendations expressed by a Coach are the individual opinions of such Coach only, are not the opinions of Fixters, nor have they been verified or approved by Fixters;
ii. You should undertake your own research to be fully satisfied that any information, advice or recommendations provided by a Coach is appropriate for your particular use or project; and
iii. NEITHER FIXTERS NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY COACH AND YOU HEREBY RELEASE FIXTERS AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. FIXTERS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE (INCLUDING DEATH) TO ANY PERSON OR PROPERTY ARISING IN CONNECTION WITH YOUR USE OF COACHING, INTERACTIONS WITH COACHES, OR INTERACTIONS WITH ANY OTHER USER OF THE SITE, EITHER ONLINE OR OFFLINE. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM FIXTERS WITH RESPECT TO COACHING.
7. Fees and Payment
a. Payment Processing Services. When purchasing products or services through the Site (including purchasing Subscriptions or Coaching, as applicable), User will be required to provide its name, billing address, credit card and bank account details to the Payment Service Provider (“PSP”) retained by Fixters to process payments for the Site. Fixters’ current PSP is Stripe. Fixters is not a party to any terms of service set by Stripe or any other PSP, and has no obligations or liability to User or any other party under such terms. Payment processing services are provided by Stripe and are subject
to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or purchasing any products or services through the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Fixters enabling payment processing services through Stripe, you agree to provide Fixters accurate and complete information about you and your business, and you authorize Fixters to share it and transaction information related to your use of the payment processing services provided by Stripe.
b. Payment of Fees Generally. You agree to pay Fixters the total amount of Fees due and owing in connection with any purchases made or incurred through the Site in connection with your Fixters account. All Fees must be paid through the Site via Fixters’ PSP, including all standard monthly recurring Fees related to Subscriptions, and any separately charged Fees related to product purchases or Coaching utilized under your account. Please note that Fixters cannot control any fees that may be charged to you by your bank related to Fixters’ or its PSP’s collection of Fees, and Fixters disclaims all liability in this regard. Fixters reserves the right to assess a monthly interest charge of two percent (2%) for late payments. Fixters will have the right to fully review User’s account in order to investigate or audit disputed invoice charges or items.
c. Subscription Fees. If you register for a Subscription, Fixters will charge you the applicable monthly fee for the Subscription Level you have selected, as stated on the Pricing section of Site. You should review the complete and current price list before signing up for a Subscription. You can cancel your Subscription at any time, but you will remain liable for all Fees related to your Subscription accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our Fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change
d. Cancellations and Refunds. Fixters’ ability to refund any Fees paid and other amounts charged to you will depend upon the unique circumstances surrounding each individual case, as assessed and ultimately determined by Fixters pursuant to any specific rules provided by Fixters in connection with particular products and services available for purchase through the Site. Fixters reserves the right to determine when and how a refund will be applied, in its sole discretion and pursuant to any specific rules provided by Fixters. In certain circumstances, Fixters may decide that it is necessary or desirable to cancel a purchase made via the Site. Fixters may also determine, in its sole discretion and/or pursuant to any specific rules provided by Fixters, to refund part or all of the amounts charged for a particular product or service. You agree that Fixters will not have any liability for such cancellations or refunds.
e. Taxes. In addition to the Fees, User will pay any applicable taxes or duties, including without limitation, sales, use or value added taxes, but excluding any taxes on the income of Fixters.
8. Special Promotions
a. Fixters may from time to time provide certain promotional opportunities, deals, offers, sweepstakes, lotteries, or contests to User via the Site, including offers from Fixters’ partners or affiliates. All such promotions will be run at the sole discretion of Fixters or its partners and affiliates, and can be activated, modified or removed from the Site at any time by Fixters without advance notification. The liability of any of Company’s partners or affiliates pursuant to such promotional opportunities, deals, offers, sweepstakes, lotteries and contests shall be limited pursuant to the “Limitation of Liability” section of these Terms set forth below.
9. Fixters’ Termination and Suspension Rights
a. Termination for Misuse of the Site or Services. Fixters may suspend or terminate User’s access or use of the Site or Services (including any Subscription Tools) immediately if Fixters reasonably determines that User or any of its Authorized End Users are using the Site or Services in any manner that is not permitted under these Terms.
b. Termination for Failure to Pay. Fixters may suspend or terminate User’s access or use of the Site or Services (including any Subscription Tools) immediately if User fails to timely pay any amount due Fixters hereunder and does not cure such default within ten (10) days after being given written notice specifying the default.
c. Effect of Termination. Upon any suspension or termination of User’s access or use of the Site or Services, all rights granted to User and its Authorized End Users hereunder shall cease, and User shall immediately discontinue use of the Site and Services, and Fixters shall have the right to pursue any other remedies available to it at law or in equity. Termination will not negate any obligations arising from or accruing from authorized activities of User or its Authorized End User up to the effective time of termination.
10. User Representations
a. You hereby represent and warrant to Fixters that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms; (ii) all information provided by you to Fixters is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms and
any other agreement to which you are subject that is related to your use of the Site and Services or any part thereof. For any User Data that you provide to Fixters or post via the Site, you hereby represent and warrant that: (a) you are owner of such User Data or otherwise have the right to grant Fixters the licenses granted pursuant to these Terms; (b) you have secured any and all consents necessary to post the User Data and to grant the foregoing licenses; (c) the User Data does not violate the rights of any third party, including, without limitation, the Intellectual Property, privacy or publicity rights of any third party, and such User Data does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Data will not result in harm or personal injury to any third party.
11. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
a. EXCLUSION OF WARRANTIES / DISCLAIMER. USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND THE SERVICES (INCLUDING ALL SUBSCRIBER TOOLS AND COACHING), AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALTHOUGH COMPANY USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICES IS AS ACCURATE AS POSSIBLE, COMPANY GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICES AND/OR CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT OR COACHING, NOR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE, SERVICES, CONTENT OR COACHING WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE, SERVICES, CONTENT OR COACHING CONTENT WILL MEET YOUR EXPECTATIONS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE, SERVICES, CONTENT OR COACHING WILL BE ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT FIXTERS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS OR VERIFY ANY LICENSES, QUALIFICATIONS OR OTHER EVIDENCE OF ELIGIBILITY OF ANY COACH OR USER, BUT MAY CONDUCT SUCH CHECKS OR VERIFICATIONS IN ITS SOLE DISCRETION.
12. Limitation of Liability
a. NEITHER FIXTERS NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE, SERVICES, COACHING OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, COACHING OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIXTERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICES.
b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Release and Indemnification
a. You agree to release, defend, indemnify, and hold Fixters and its partners, affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, any Services (including any Subscription Tools or Content), or any User Data, or your violation of these Terms; (b) Your User Data; (c) your (1) interaction with any Coach or other user, or (2) purchase of any products or Services; and (d) the Services, including but not limited to any injuries, death, losses, or damages (compensatory, direct, incidental, consequential or otherwise), of any kind arising in connection with or as a result of any Services (including Subscription Tools and Coaching). If you are a California resident, you waive California Civil Code §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.”
a. It is Fixters’ policy to respect the Intellectual Property of others and to respond quickly to notices of alleged infringement. Fixters will terminate the access of all users who infringe the Intellectual Property rights of others. Likewise, any apparent infringement of Fixters’ Intellectual Property rights by any user will result in the immediate termination of that user’s access to the Site and Services.
b. If Fixters removes or disables access to User Data or third party content according to these Terms, Fixters may, in its discretion, provide the content contributor with a copy of the notification which prompted removal or disabled access to the User Data or third party content. However, Fixters reserves the right to withhold access to and/or not replace the User Data or third party content unless ordered to do so by a court or other tribunal of competent jurisdiction.
15. Reporting Copyright Infringement
a. If you believe someone is using your copyrighted work without your permission on the Site, you may contact our Designated Copyright Agent using the following contact information: Remodel Mastermind, LLC Attn: Thomas Hurford 12649 East Caley Ave #104 Centennial, CO 80111 Email: Tom.Hurford@Fixters.com
b. We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Notices of copyright infringement must include the following required information:
i. Your address, telephone number, and email address;
ii. A description of the copyrighted work that you claim has been infringed;
iii. A description of where the alleged infringing material is located;
iv. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
v. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
vi. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
16. Our Communications
a. The e-mail address you provide during the account registration process will be used for all Site-related communications to you. We may also send you messages via your account for the Site. It is your responsibility to monitor these messages and respond in an appropriate manner. Our Site may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the Site is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.
b. You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose to request a paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice to: Rob.Terranova@Fixters.com.
17. Choice of Law and Venue
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SITE.
a. These Terms are entered into in the State of Colorado, U.S.A., and are governed by the laws of the State of Colorado, U.S.A., exclusive of its choice of law rules. YOU AND FIXTERS EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF DENVER IN THE STATE OF COLORADO, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party
will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
18. Compliance with Non-US Law
a. We do not make any representation that the Site, Services, Content, or other material or information provided through the Site is appropriate to or available in locations outside of the United States. You may not use the Site or export Content in violation of United States export laws, regulations, or restrictions. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws.
19. Equitable Remedies.
a. Breach of these Terms would cause irreparable harm and significant injury to Fixters, which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Fixers has the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Fixters may have.
20. Contact Information
The Site is operated by Fixters. All inquiries may be directed to:
Remodel Mastermind, LLC 12649 East Caley Ave #104 Centennial, CO 80111