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Terms and Conditions

Terms of Service

Welcome to Fixfinity, the online way of gettig a quote. Fixfinity is owned by the California State corporation, Estimatix, Inc. in San Jose, CA. This agreement ("Terms of Service") describes the legal framework in which you participate on the Fixfinity.com website (the "Site" or "Fixfinity"), what your rights and responsibilities are and what you can expect from us. Fixfinity is provided by Estimatix, Inc. and/or its affiliates and subsidiaries for your and others' personal use, subject to these Terms of Service and all modifications thereto, and the rules that may be published from time to time by Fixfinity. By using this Site, you are deemed to have agreed to be bound by these Terms of Service. Fixfinity may change the Terms of Service from time to time and at any time, and without actual notice to you. All such changes to these Terms of Service will appear on Fixfinity. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Service, please do not use this Site.

 

Use of and membership in Fixfinity is void where prohibited. By using the Fixfinity, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of Fixfinity does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 18 years of age, or any other failure to comply. You agree to comply with our Site rules, including, specifically, the Privacy Policy, and with all laws and regulations applicable to your access and use of Fixfinity and publishing your Content (as defined below). Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access Fixfinity or collect information from it.

 

Please choose carefully the information you post on Fixfinity and that you provide to other users. Your Fixfinity profile may not include any text or photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, discriminatory or otherwise objectionable subject matter. Despite this prohibition, information provided by other Fixfinity users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fixfinity assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Fixfinity or click on the "Contact Us" link at the bottom of any Fixfinity page.

 

Without limitation of the foregoing, you agree to not use the Site or Services to:* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution (collectively, "Content"), that is unlawful (including, but not limited to copyrighted material), harmful, threatening, embarrassing, discriminatory, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;

* "Stalk" another;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

* Harm minors in any way;

* Impersonate any person or entity, including, but not limited to, a Fixfinity official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

* Act in a manner that negatively affects other users' ability to engage in the Site or Services;

* Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;

* Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

* Intentionally or unintentionally violate any applicable local, state, national or international law.


You also agree that you will not harvest, collect or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that Fixfinity is not responsible for material submitted to Fixfinity or posted to the Site by users. Fixfinity does not pre-screen, monitor, review or edit the Content posted by users, and Fixfinity does not blur license plate numbers on photographs not intended for the public. However, Fixfinity and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Fixfinity's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Fixfinity is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Fixfinity. You agree to immediately notify Fixfinity of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Fixfinity may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Fixfinity, its users or the public.

You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Fixfinity assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Fixfinity.

You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content (including any Content posted by any Fixfinity employee). Fixfinity does not endorse and has no control over the Content. Content is not necessarily reviewed by Fixfinity prior to posting and does not necessarily reflect the opinions or policies of Fixfinity. Fixfinity makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other users.

Restrictions on Use of Material

The content on this Site is intended for personal use only and not for any commercial or advertising purposes. Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.


You must abide by all additional copyright notices or other restrictions contained on the Site.

Termination

You can cancel your account at any time by contacting Fixfinity customer service. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement).

Fixfinity may choose to assume that you intended to terminate your account if you do not access it for more than three months. Following termination of your account for any reason (including inactivity), at its sole option, Fixfinity and its licensees may continue or stop publicly displaying some or all of the Content you authorized to be public.

Unsolicited Materials

In operating this Site, Fixfinity does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or Fixfinity mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Fixfinity, will be deemed not to be confidential or secret. By submitting or sending information or other material to Fixfinity you represent and warrant that the information is original to you and that no other party has any rights to the material.

Member Disputes

You are solely responsible for your interactions with other Fixfinity users. Fixfinity reserves the right, but has no obligation, to monitor disputes between you and other users.


User's Grant of Limited License

By communicating with Fixfinity, including submitting or sending Content or other information or material to Fixfinity, you grant Fixfinity the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into an Fixfinity feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Fixfinity.
You also warrant that any "moral rights" in posted materials have been waived.


Linked Sites

You may be able to link to third parties' websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Fixfinity in any way and Fixfinity is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Fixfinity's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Fixfinity be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Fixfinity reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Contests, Promotions, Simulations or Games

From time to time, Fixfinity may offer as part of the Services, either on or through the Site, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Fixfinity. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Fixfinity, at its sole discretion, may suspend or revoke the registration of any Registered User.


Registered Users agree to release Fixfinity and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Site. Fixfinity is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.


Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Fixfinity is under no obligation to award any prize to any Registered User who violates a published rule or guideline.


Intellectual Property Rights

All materials contained in this Site are the copyrighted property of Fixfinity and its affiliates or licensors. As between Fixfinity and you, Fixfinity is the sole owner of all content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Fixfinity SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. Fixfinity DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Fixfinity DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL Fixfinity, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF Fixfinity OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Fixfinity'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Fixfinity FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Fixfinity'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by Fixfinity, you agree to defend, indemnify and hold Fixfinity, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you.

Fixfinity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fixfinity in asserting any available defense.

Copyrights and Copyright Agent

If you believe content on Fixfinity infringes your copyright or other intellectual property rights, or is defamatory, you can contact our agent for service of notice at the owner of Fixfinity, Estimatix, Inc., 453 Mill River Ln, San Jose, CA 95134. Please make sure your notice meets the Digital Millennium Copyright Act ("DMCA") requirements.

Governing Law/Arbitration

These Terms of Service are governed by California law as such laws apply to agreements entered into and to be performed entirely within California between California residents. Any claim arising out of or relating to these Terms of Service or Fixfinity shall be settled by binding arbitration in Santa Clara County, CA in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Santa Clara County, CA court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Any inquiries concerning these Terms of Service should be directed to our contact form.


Provisions Unenforceable or Invalid/Integration

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service and our Privacy Policy constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters.


Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Service. Fixfinity may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Service to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

If you have any questions about these Terms of Service or our Site in general, please contact us.

Last Updated: October 11, 2012