This, the Home Fix Choices website or app (“Website”), and the services of Home Fix Choices are offered to you (a “Consumer”) conditioned on your acceptance without modification of the following terms, conditions, and notices contained in this agreement (the "Terms of Service"). Your use of the Home Fix Choices website or app (“Website”) constitutes your agreement to all such terms, conditions, and notices in effect at such time. We may amend these Terms of Service at any time by posting a revised version of these Terms of Service. These Terms of Service were last updated on August 1, 2019.
a. Home Fix Choices receives requests from members of the public ("Consumers") - expressing interest in certain services and products, which may be provided by persons or entities with information listed on Home Fix Choices (“Providers”).
b. To assist in this process, the Consumer provides limited identification and location information to Home Fix Choices. The location information is matched to a geographic sector, and the service(s) or product(s) sought is matched to a specific tag(s) in order to display corresponding Provider information (“Listings”) to the Consumer.
c. When a Listing is displayed to the Consumer, Home Fix Choices will send the Consumer’s limited identification and geographic information to that Provider to enable the Provider to identify Home Fix Choices as the referral source of any Consumer who chooses to contact the Provider as a result.
d. This information is intended for this exclusive purpose, and Home Fix Choices purposely refrains from requesting or providing Consumer information that could subject the Consumer to potentially unwanted marketing contact from the Provider. Only when a Consumer specifically requests an appointment with a Provider, Home Fix Choices collects the Consumer’s telephone number and sends it to the Provider.
a. When a Provider agrees to the Home Fix Choices Provider Terms of Service, Home Fix Choices requires that Provider represent that the Provider: 1) is qualified and capable of selling the goods and performing the services, trade, or tasks for which they seek to be listed, 2) is, and at all times will be, properly and fully licensed, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), 3) has not been turned down for insurance coverage related to their provision of services, 4) will notify Home Fix Choices promptly of any changes to licensing, bonding or insured status, and 5) will at all times operate within the guidelines as specified by special restrictions of the Provider’s license, if any.
b. Providers properly listed on the Home Fix Choices Website as “Premier” have agreed to the Home Fix Choices Provider Terms of Service.
c. Home Fix Choices may also use publicly available information to include listings for Providers as Verified at its discretion, even though such Providers have not agreed to the Home Fix Choices Provider Terms of Service and may have made no representations to Home Fix Choices.
d. Home Fix Choices does not audit any Provider’s compliance with the Terms of Service in the absence of a credible complaint brought to Home Fix Choices’s attention.
e. Home Fix Choices, therefore, does not promise, guarantee, or warranty that any Provider is in compliance with the Terms of Service.
f. As a Consumer, you are hereby advised of and agree that:
i. You are at least 18 years old and can form legally binding contracts under applicable law.
ii. You will gain assurances of the accuracy of a Provider’s Listing through research of that Provider independent of the Home Fix Choices Website before entering into an agreement with that Provider for services or products.
iii. The agreement(s) that you enter into with a Provider are separate from and independent of this agreement, and Home Fix Choices is not a party to your agreement(s) with any Provider(s).
iv. Home Fix Choices is not an agent or employee of any Provider.
v. No Provider is an agent or employee of Home Fix Choices.
vi. You will not rely on the representations made on the Home Fixe Choices Website when making a decision whether to enter into an agreement with any Provider, whether such representations are made by the Provider, Home Fix Choices, another Consumer, or any other third party.
a. Home Fix Choices provides Consumers the ability to rate their experience working with Providers via ratings and reviews. Premier Providers have the opportunity to rebut or respond to those reviews.
b. You agree that you will only post ratings and reviews that accurately represent your personal experience with your purchase of services or products from the Provider you are reviewing. This means that you will not post a rating or review based on the experience of another person, nor will you post a rating or review for a Provider from whom you did not purchase services or products.
c. By posting or providing any information or other content on the Home Fix Choices Website ("Content"), you represent and warrant to Home Fix Choices that you own or have all necessary rights to use the Content, and grant to Home Fix Choices the rights granted below. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Home Fix Choices and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Home Fix Choices Website, and on any other websites owned or operated by Home Fix Choices.
d. Home Fix Choices may, in its sole discretion, hide ratings or reviews from Consumers that violate these Terms of Service, or in order to maintain the integrity of the ratings and reviews.
e. Home Fix Choices does not audit the ratings or reviews in the absence of a credible complaint brought to Home Fix Choices’s attention.
f. All ratings and reviews displayed to you reflect the opinions of other Consumers, and do not reflect or represent the opinions or representations of Home Fix Choices.
g. Home Fix Choices disclaims any and all representations or warranties with regard to the ratings and reviews, and does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Home Fix Choices Website or the materials contained therein.
Links on the Home Fix Choices Website may direct you to leave the Home Fix Choices Website. The linked sites are not under the control of Home Fix Choices and Home Fix Choices is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Home Fix Choices is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Home Fix Choices of the site.
The Home Fix Choices Website may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our website and/or mobile application may use such information to allow Home Fix Choices to view or track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. If you want to stop the automatic collection of your location information, you may do so by using the privacy settings on your web browser and/or mobile device. Some features may not be available should you choose to do so.
a. You agree not to copy, collect, or otherwise access Home Fix Choices content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand in a manner meant to serve the same purpose for which the foregoing methods are commonly employed).
b. If it is determined or suspected by Home Fix Choices in its sole discretion that you are misusing or attempting to misuse or circumvent the Home Fix Choices services or system or any Provider data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Home Fix Choices, in addition to our right to immediately terminate this Agreement and use technical means to limit or discontinue your access to or use of the Home Fix Choice Website, Home Fix Choices reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
a. You agree to indemnify Home Fix Choices, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and any partners and hold them each harmless from any and all claims or demands, including attorney fees, made by any third party due to or arising from your use of the Home Fix Choices Website or services, with regard to any dispute between you and a Provider, or your violation of these Terms of Service, or arising from your violation of any rights or a third party.
b. You acknowledge and agree that the Home Fix Choices Website and services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Home Fix Choices’s sole obligation to you or any third party for any claim arising out of your use of the Home Fix Choices Website or services, is that you are free to discontinue your use of same at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HOME FIX CHOICES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HOME FIX CHOICES SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HOME FIX CHOICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
c. The Terms of Service will inure to the benefit of Home Fix Choices’s successors, assigns and licensees. If any provision of these Terms of Service shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Home Fix Choices to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
d. 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 Website or services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service are governed by the laws of the State of Oklahoma as such laws are applied to agreements entered into and to be performed entirely in the State of Oklahoma.
e. You hereby consent and agree that the state or federal courts in Oklahoma County, Oklahoma are the exclusive forum for litigation of any claim by you arising under these Terms of Service or your use of the Home Fix Choices Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Oklahoma, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
f. These Terms of Service constitute the entire agreement between you and Home Fix Choices and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.