terms of service

HomeservCo LLC (“TruFixed,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.TruFixed.com (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). The words “you” and “your” include both individuals who, in any manner, use the services offered by TruFixed and any persons or entities represented by those individuals in a legal capacity; and the words “servicer” or “servicers” mean the individuals and companies who have agreed to provide you home services through TruFixed. The servicers are independent contractors and are not our employees, representatives or agents.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. [Note] Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy (located at: http://www.TruFixed.com/privacy-policy.html). All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service:

Services Description:

The Service is a communications platform for enabling the connection between individuals seeking to obtain home services and/or individuals or companies seeking to provide home services. TruFixed may provide services that require payment upon completion (hereinafter “On Demand”). You acknowledge that TruFixed does not provide home services. TruFixed services may be used by you to request and schedule home services with third party providers, but you agree that TruFixed has no responsibility or liability to you related to any home services provided by third party providers through use of the Service other than as expressly set forth in these terms.

TruFixed checks if background checks of Servicers are done via third party background check services; however, TruFixed does not guarantee or warrant, and makes no representations regarding the suitability, safety or ability of third party providers, including but not limited to a warranty of good and workmanlike services, warranty of fitness for a particular purpose or compliance with any law, regulation, or code. When interacting with home service providers, 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.

By using the Service, you agree to hold TruFixed free from responsibility for any liability or damage that might arise out of the transaction involved. Neither TruFixed nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service. TruFixed and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service. The TruFixed healthy home audit is not an inspection. You may request a home inspection for an additional fee.

Your Registration Obligations:

You may be required to register with TruFixed in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify TruFixed of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. TruFixed will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service:

TruFixed reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TruFixed will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that TruFixed may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on TruFixed’s servers on your behalf. You agree that TruFixed has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that TruFixed reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that TruFixed reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services:

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device and (ii) the ability to browse the Service and the Site from a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding TruFixed and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your TruFixed account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use:

Ability To Use TruFixed Services.

The services offered by TruFixed may only be used by individuals who are at least 18 years of age and who can enter into legally binding contracts under applicable laws. If you are not at least 18 years of age or you cannot enter into legally binding contracts under applicable laws, do not use the services offered by TruFixed. The services offered by TruFixed are intended to be used for your personal purposes only and not for any business, commercial or advertising purposes.

Reservation Of Rights By TruFixed. TruFixed reserves the right to refuse to provide service to you at any time and for any reason, including a violation by you of the TruFixed Terms & Conditions, without prior notice to you, and TruFixed will have no liability to you for doing so.

Information Provided To TruFixed. In order to use the services offered by TruFixed, you must provide us with certain information, such as your name, address, telephone number, credit card number and e-mail address, along with information about your home needs. You acknowledge and agree that all information that you provide to us will be complete, accurate and truthful. If you knowingly provide us with any false, fraudulent or inaccurate information, you acknowledge and agree that you will be solely and fully liable to us for any claims, damages, losses, costs, liabilities attorneys’ fees or penalties that result from or relate in any way to the provision of that information.

Information Provided To Servicers and Contact.

You acknowledge and agree that we have the right and your consent to provide any third party contracted by TruFixed to provide you the Services (“Servicer” with any information that you have provided to us. You further acknowledge and agree that you can be contacted by us or by a Servicer by mail, telephone, email or other reasonable means of contact, even if you are now or later included on any “Do Not Call” listing.

Pricing:

We reserve the right to change TruFixed’s prices and will post any such price changes to the Services. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on TruFixed’s net income.

Consent to Charge Credit Card for Repair and Service Fees:

You agree to provide us with an active credit card number at the time that you contact TruFixed and schedule an appointment with a Servicer, and you hereby authorize us to charge that credit card for the entire Repair Fee or Service Fee, upon the completion of your repair. If you dispute any charges you must let TruFixed know within sixty (60) days after the date that TruFixed charges you. Your repair will be considered by TruFixed to be complete when: (i) you confirm to TruFixed that your repair has been completed to your satisfaction; or (ii) you fail to respond to TruFixed within 48 hours after your appointment and confirm that the repair was completed to your satisfaction, whichever occurs first. TruFixed also reserves the right to place a one-dollar ($1) hold on your credit card at the time you book your appointment for the express purposes of verifying the credit card is active. You may withdraw your consent to the foregoing by contacting us, provided however, in such event, We reserve the right to cancel any outstanding appointments that you have scheduled, and we may bill you for any repair services that were provided prior to our receipt of your cancellation notice.

Replacement Products:

If you decide to purchase a replacement Product at any time and for any reason, that transaction is entirely your own decision and responsibility (even if a Servicer assists you in obtaining or purchasing the replacement Product), and TruFixed may provide advice but shall not be responsible for any aspect of the sale or purchase of the replacement Product.

Billing Questions:

If you have any questions or comments regarding billing or a charge on your credit card, please contact us immediately.

Limited Guarantee:

When you schedule an appliance repair appointment with a Servicer through TruFixed, you will receive a limited service guarantee (the “Limited Guarantee”) covering the services performed by the Servicer for a period of one (1) year following the date of your appointment. The Limited Guarantee covers a failure in the Product that was repaired by the Servicer during the appointment, provided that such failure was caused solely by defects in workmanship and/or materials provided by the Servicer. To be eligible for the Limited Guarantee, you must have booked an appointment with a Servicer through TruFixed, and you must notify us of the failure within one (1) year from the date of your appointment, as indicated on the receipt provided to you by the Servicer. You should keep your receipt, which shall contain the appointment number of the repair services performed for you. You may be required to produce a copy of the receipt in order to obtain coverage under the Limited Guarantee. All other services will come only with the guarantee provided by the Servicer, if any.

How to Obtain Service

If the Product that was repaired by the Servicer fails due solely to defects in workmanship and/or materials provided by the Servicer during the appointment, you may contact TruFixed to process your claim. If we approve your claim, which approval shall be in our sole discretion, we will assist you in scheduling another appointment (a “Special Appointment”) with a Servicer. If the repair services provided during a Special Appointment are to remedy a failure that was due solely to defects in workmanship and/or materials provided by the Servicer during the original appointment, the cost of such repair shall be at no expense to you. If the failure is not caused solely by defects in workmanship and/or materials provided by the Servicer during the original appointment, or we determine the issue is otherwise not covered by the Limited Guarantee, you may continue with the repair services at your sole cost and expense. We reserve the right to deny coverage under the Limited Guarantee if you fail to provide a valid receipt. The term of the Limited Guarantee begins immediately following the date the Servicer completes your service and remains in effect for a period of one year (the “Term”). Your claim under this Limited Guarantee must be submitted within thirty (30) days of the expiration of the Term, or your right to claim under the Limited Guarantee is forfeited

WHAT IS NOT COVERED:

THE LIMITED GUARANTEE DOES NOT COVER (1) ANY AND ALL CONDITIONS THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THE LIMITED GUARANTEE, INCLUDING ANY REPAIR OR REPLACEMENT CAUSED BY DEFECTS EXISTING PRIOR TO THE SCHEDULED APPOINTMENT; (2) ANY AND ALL DAMAGE TO THE PRODUCT THAT IS NOT A DIRECT RESULT OF, OR SOLELY CAUSED BY, THE REPAIR SERVICES PROVIDED BY THE SERVICER DURING THE SCHEDULED APPOINTMENT, INCLUDING BUT NOT LIMITED TO ANY DAMAGE FROM ABUSE, MISUSE, INTRODUCTION OF FOREIGN OBJECTS INTO THE PRODUCT, THIRD PARTY ACTIONS SUCH AS VANDALISM, FIRE, AND ANY PRODUCT MODIFICATIONS OR ALTERATIONS MADE AFTER THE SCHEDULED APPOINTMENT; (3) ANY INCIDENTAL, CONSEQUENTIAL, OR SECONDARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS AWAITING REPAIR OR PARTS, LOSS OF BUSINESS OR PROFITS; (4) FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS; (5) CLAIMS THAT ARE NOT REPORTED WITHIN THIRTY (30) DAYS OF THE EXPIRATION OF THE TERM; (6) ANY FAILURES OR DEFECTS, PARTS AND/OR LABOR COSTS INCURRED AS A RESULT OF A MANUFACTURER’S RECALL; (7) DAMAGED PARTS RESULTING FROM FAILURE TO PROPERLY MAINTAIN THE PRODUCT; (8) ANY PRODUCTS WITH SAFETY FEATURE(S) REMOVED, DISABLED OR ALTERED; AND (9) ANY PARTS OR MATERIALS THAT WERE NOT PROVIDED BY THE SERVICER

Special Notice for International Use; Export Controls:

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use:

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

User Conduct:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by TruFixed. TruFixed reserves the right to investigate and take appropriate legal action against anyone who, in TruFixed’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of TruFixed, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose TruFixed or its users to any harm or liability of any type;

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

Violate any applicable local, state, national or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Intellectual Property Rights:

Service Content, Software and Trademarks:

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TruFixed, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by TruFixed from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of TruFixed, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TruFixed.

The TruFixed name and logos are trademarks and service marks of TruFixed (collectively the “TruFixed Trademarks”). Other TruFixed, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TruFixed. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TruFixed Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of TruFixed Trademarks will inure to our exclusive benefit.

Third Party Material:

Under no circumstances will TruFixed be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that TruFixed does not pre-screen content, but that TruFixed and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, TruFixed and its designees will have the right to remove any content that violates these Terms of Service or is deemed by TruFixed, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service:

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant TruFixed and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to TruFixed are non-confidential and TruFixed will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that TruFixed 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TruFixed, its users and the public. You understand that the technical processing and transmission of the Service, 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.

Third Party Websites:

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. TruFixed has no control over such sites and resources and TruFixed is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that TruFixed will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that TruFixed is not liable for any loss or claim that you may have against any such third party.

Social Networking Services:

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and TruFixed’s use, storage and disclosure of information related to you and your use of such services within TruFixed (including your friend lists and the like), please see our Privacy Policy at www.TruFixed.com/privacy-policy.html. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and TruFixed shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, TruFixed is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, TruFixed is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. TruFixed enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release:

You agree to release, indemnify and hold TruFixed and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRUFIXED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TRUFIXED MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUFIXED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRUFIXED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TRUFIXED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRUFIXED IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Arbitration:

At TruFixed’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Notwithstanding the provisions of the introductory section above, if TruFixed changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of TruFixed’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and TruFixed in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination:

You agree that TruFixed, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if TruFixed believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. TruFixed may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that TruFixed may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TruFixed will not be liable to you or any third party for any termination of your access to the Service.

User Disputes::

You agree that you are solely responsible for your interactions with any other user in connection with the Service and TruFixed will have no liability or responsibility with respect thereto. TruFixed reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General:

These Terms of Service constitute the entire agreement between you and TruFixed and govern your use of the Service, TruFixed sending any prior agreements between you and TruFixed with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and TruFixed agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the respective state. The failure of TruFixed to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of TruFixed, but TruFixed may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Access to Information; Contacting TruFixed:

To keep your Personal Data accurate, current, and complete, please contact us. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services. Please also feel free to contact us if you have any questions about TruFixed’s Privacy Policy or the information practices of the Services. At TruFixed, we respect the privacy of our users. For details please see our Privacy Policy (http://www.trufixed.com/privacy-policy.html). By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?:

Please contact us to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.