| PLEASE READ CAREFULLY |
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| By accepting these terms, you confirm
that you are 18 years of age or older, are mentally capable
of entering into a binding agreement, and that you will
complete, to the best of your knowledge, any information
submitted to us. |
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| Disclaimer
of All Warranties |
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| 1-800-FIXED-UP AND THIRD PARTY
PROVIDERS OF INFORMATION EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT. |
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We also cannot assume responsibility
for the accuracy, completeness, currency, reliability
of or access to any content contained on any site linked
to our Website. Furthermore, we may include links on
our website to other websites and the inclusion of any
such link does not imply endorsement by us of that site
or their products and services.
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We shall not be liable for any loss
or damage, whether direct or indirect, that may arise
or occur as a consequence of the use of or reliance
upon any content, whether on our website, or any other
website we may have a link to.
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1-800-FIXED-UP does not guarantee the
quality or fitness of any work performed by any service
providers. You understand that 1-800-FIXED-UP has no
control over any Third Party services. 1-800-FIXED-UP
and its suppliers make no warranty that the service
or the Third Party services will meet your requirements;
nor do 1-800-FIXED-UP or its suppliers make any warranty
as to the results that may be obtained from use of the
service or the Third Party services, or the accuracy
or reliability of any information obtained through the
service or the Third Party services, or that any defects
in the service or the Third Party services will be corrected.
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1-800-FIXED-UP disclaims all warranties
of any kind, whether express, implied, or statutory,
regarding the service or the Third Party services. Any
material or data obtained through use of the service
or Third Party services must be used at your own risk.
Some states or jurisdictions do not allow the exclusion
of certain warranties. Therefore, nothing in this section
should be construed as excluding or limiting any warranty
beyond what is permissible under applicable law.
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| Limitations of
Liability and Release of All Claims |
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You agree not to hold 1-800-FIXED-UP
responsible for any damages or other liabilities arising
from work performed by any contractor. Because 1-800-FIXED-UP
is not and cannot be involved in your dealings with
service providers or control whether or not service
providers will complete any work as agreed, in the event
that you have a dispute with one or more service providers,
you release 1-800-FIXED-UP from any and all claims,
demands, and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any
way connected with such disputes.
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1-800-FIXED-UP and its suppliers will
not be liable for damages of any nature arising from
or relating to your use of the service or the Third
Party services or use thereof by anyone else through
your account. 1800FixedUp's total cumulative liability
to you and anyone who uses the service or the Third
Party services through your account, for any and all
claims under any theory of law (including negligence),
will not exceed the aggregate amount (if any) you paid
to 1-800-FIXED-UP in the preceding 12 months.
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Some states or jurisdictions do not
allow the exclusion or limitation of certain types of
liability. Therefore, the above limitations of liability
may not apply to you to that extent, and nothing in
this section should be construed as excluding or limiting
1800FixedUp's liability beyond what is permissible under
applicable law.
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In using 1800FixedUp's service, you
acknowledge that 1-800-FIXED-UP is not acting as your
general contractor, agent, or advisor. Therefore, it
is your sole responsibility to select a contractor and
to negotiate the terms for any work performed. You may
want to consult with appropriate expert advisors to
assist in your home improvements, including a lawyer
regarding contracts, permits, and other necessary job
documentation and an insurance professional regarding
the contractor's and your own insurance coverage requirements.
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1-800-FIXED-UP does not guarantee that
any service provider has insurance coverage at the time
you enter into an agreement with the service provider
and makes no representation as to the adequacy of any
insurance coverage. 1-800-FIXED-UP only verifies that
a service provider has supplied a certificate of insurance
and that the certificate has not expired. The existence
of the certificate does not guarantee that the insurance
is in effect, as the service provider may cancel the
insurance without 1800FixedUp's knowledge.
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| Changes to the
Service or Terms |
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1-800-FIXED-UP may from time to time
without notice change, add, or remove certain features
of our service or change the terms of this Agreement.
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| Use
of Account; Privacy |
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By accepting this Agreement, you expressly
consent to uses and disclosures of your personal information
as described in 1800FixedUp's current privacy policy.
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You are not permitted to reproduce,
distribute, transmit, publish, or commercially exploit
any information provided by 1-800-FIXED-UP without the
appropriate permission of the copyright owner. This
prohibition precludes emailing, faxing, posting to any
bulletin board, storage in a database accessible to
persons other than yourself, or otherwise making information
available electronically or in any other form.
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| Arbitration of
Disputes |
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You agree that, unless otherwise prohibited
by law, all disputes, claims, or causes of action, in
law or equity, arising from or relating to this Agreement
or its enforcement, performance, breach, or interpretation
shall be resolved solely and exclusively by confidential
final and binding arbitration in The State of California.
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| Miscellaneous |
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This document and the pages referred
to herein represent the entire agreement governing your
use of the service and supersede any prior or contemporaneous
written or oral statements by 1-800-FIXED-UP or its
representatives or resellers.
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If any provision of this Agreement
is invalid or unenforceable under applicable law, such
provision will be deemed modified to the extent necessary
to render such provision valid and enforceable and the
other provisions of this Agreement will remain in full
force and effect.
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You agree that this Agreement will
be governed by the laws of the state of California,
in the same manner and to the same extent that such
laws apply to agreements between California residents
performed entirely within the State of California.
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1-800-FIXED-UP, the service providers,
and any 1-800-FIXED-UP Partners are separate entities
and share no agency, partnership, franchise, joint venture,
or employment relationship.
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