Terms of Use

Applicability

These Terms of Use (these “Terms”) constitute a binding agreement between you and Fixers Club LLC (the “Company,” “we,” “us,” or “our”) and govern your access to and use of any or all of Company’s websites (including www.fixersclub.com,” the “Website”), applications (including the Fixers Club mobile application, the “App”), communication tools, services, and related offerings (collectively, the “Platform”). By accessing or using the Platform, creating an account, requesting or receiving assistance, or otherwise affirmatively indicating acceptance of these Terms, you agree to be bound by these Terms. Your agreement to these Terms is a condition of Company making the Platform and any related tools or services available to you.

The Platform, including the Website and the App, are offered and available only to individuals who are 18 years of age or older and who reside in the United States of America or any of its territories or possessions. By accessing or using such Platform, you represent and warrant that (i) you are at least 18 years old, (ii) you have the legal capacity to enter into a binding agreement with the Company, and (iii) you satisfy all of other eligibility requirements set forth in these Terms. If you do not meet all of these requirements, you may not access or use the Platform.

The Platform and The Company’s Role

The Company provides an online marketplace through the Platform, including the Website and the App, that facilitates connections between individuals seeking technology assistance (the “Users”) and individuals or businesses that offer or perform IT assistance (the “Fixers”). Fixers may include Company founders, officers, employees, independent contractors, affiliates, or independent third parties and offer their services under their own names.

The Platform may provide Users with tools, information, communications, recommendations, search functionality, matching functionality, or other features intended to assist Users in identifying and communicating with Fixers. Any such feature is intended to facilitate the User’s selection of a Fixer and does not relieve the User of responsibility for determining whether a particular Fixer, service, recommendation, or proposed course of action is appropriate for the User’s particular needs. The User alone is responsible for determining the nature, type, scope, and suitability of any work requested, authorized, or performed. Users should conduct their own research and exercise their own judgment regarding the work to be performed, including, as applicable, the materials, products, permits, applicable laws, regulations, codes, licensing requirements, and other requirements that may apply to a particular project. Users should also independently evaluate any advice, recommendation, estimate, or other information provided by a Fixer before relying on it or authorizing work.

The Company does not guarantee that any particular Fixer will be available, qualified, licensed, insured, experienced, suitable, or capable of performing any particular task or service. Unless expressly stated otherwise in these Terms or in a separate written agreement with the Company, the connection to a Fixer made through the Platform does not constitute an endorsement, certification, or guarantee by the Company of that Fixer or of any services provided by that Fixer.

The Company may make some or all features of the Platform and related services available without charging Users a fee. The absence of a fee does not mean that the Platform or any related services are provided without conditions. Your access to and use of the Platform, your promises, representations, and obligations under these Terms, the permissions you grant, and your agreement to the limitations, disclaimers, and allocation of risks set forth in these Terms are material conditions of the Company making the Platform and related services available to you.

The Company may introduce paid features, services, subscriptions, or other offerings in the future. Unless separate transaction-specific terms expressly provide otherwise, the introduction or availability of any paid feature or service does not modify or supersede the limitations, disclaimers, User responsibilities, or any other provisions contained in these Terms.

Fixer Qualifications and Verification

Company may collect, display, or facilitate the verification of information concerning Fixers, including information relating to identity, licenses, certifications, training, experience, insurance, background information, ratings, reviews, or other qualifications. Any verification performed or information displayed by the Company reflects only the information and sources available or checked at the applicable time and does not guarantee that such information remains current, complete, accurate, or applicable.

Unless the Company expressly states otherwise, displaying, matching, ranking, recommending, verifying, or otherwise making a Fixer available through the Platform does not constitute a warranty or guarantee of the Fixer’s competence, qualifications, identity, licensing, insurance, experience, suitability, or ability to perform any particular Service. Users are responsible for determining whether a Fixer is appropriate for their particular request and for conducting any additional due diligence they consider appropriate.

Certain Services or jurisdictions may require licenses, registrations, permits, certifications, insurance, or other qualifications. Each Fixer is solely responsible for determining and complying with the requirements applicable to the Services the Fixer undertakes to provide, including remaining within the scope of any license, registration, certification, or other authorization applicable to the Fixer. Company does not represent or warrant that a Fixer is legally authorized or qualified to perform any particular Service unless the Company expressly represents otherwise.

Nature and Limits of Services

The Platform is intended to connect Users with Fixers for the purpose of providing information technology advisory and consulting services (the “Services”). The Services are advisory in nature and consist of a Fixer’s reasonable efforts to provide recommendations, opinions, assessments, guidance, troubleshooting assistance, and other information relating to information technology. These Services are provided for the User’s lawful use, and are not a substitute for the User’s own judgment or for independent professional, legal, accounting, regulatory, cybersecurity, or other specialized advice. User is responsible for reviewing material choices presented by a Fixer and deciding whether to proceed with a repair, replacement, reset, restoration, update, installation, configuration change, purchase, or other proposed course of action. Where appropriate, User is also responsible for maintaining current backups and other reasonable safeguards before authorizing work that could affect data, systems, or functionality.

User acknowledges that the Services may require access to complete and accurate facts, conditions, equipment, records, locations, components, systems, documentation, testing methods, or other information. To the extent any such information is not provided to or accessible by the assigned Fixer, including because Services are provided remotely, any diagnosis, recommendation, estimate, proposed solution, repair attempt, configuration, or other service may be incomplete, provisional, inaccurate, or unsuccessful. Additional inspection, testing, information, parts, tools, authorization, on-site service, manufacturer support, specialist service, replacement, repair, restoration, or other work may be required. User should not assume that the Fixer has identified every contributing, underlying, latent, concealed, intermittent, or future condition merely because a particular symptom or problem has been addressed.

Further, diagnosis, testing, maintenance, repair, installation, removal, replacement, updating, configuration, restoration, or other work can change how property, equipment, devices, accounts, software, networks, systems, or services operate. Such work may result in downtime, changed settings, incompatibility, loss of customized configurations, loss of functionality, additional repair or recovery needs, or the discovery or manifestation of pre-existing problems. By requesting or proceeding with the Services, User authorizes reasonable non-destructive diagnostic and troubleshooting steps ordinarily associated with the requested or approved Services.

Fixers are expected to obtain additional authorization before taking a materially destructive or irreversible step when reasonably practicable. However, circumstances may require a Fixer to take reasonable protective measures without obtaining advance authorization to prevent additional loss, damage, compromise, or disruption. By using the Services, User acknowledges and agrees that any such protective measure may be taken at User’s risk and that, to the maximum extent permitted by applicable law, User shall not hold Company or the Fixer responsible for consequences arising from a reasonable protective measure taken under such circumstances, except to the extent resulting from gross negligence, willful misconduct, or other liability that cannot be excluded under applicable law.

Commencement or completion of a Service does not create an ongoing duty on the part of the Company or any Fixer to monitor, inspect, maintain, update, test, warn, supervise, revisit, or notify User concerning future conditions, changes, defects, vulnerabilities, failures, recalls, updates, deadlines, or maintenance needs. Thus, User acknowledges that neither Company nor any Fixer is responsible for subsequent changes made by the User or any other person, third-party updates, changes to software or systems, misuse, unauthorized access, new or changed conditions, failure to follow instructions, failure to perform recommended follow-up, or failure to obtain additional service when recommended.

User hereby acknowledges and agrees that: (i) all decisions regarding whether, when, and how to act on any Services are made by the User in the User’s sole discretion and at the User’s own risk; (ii) neither the Company nor any Fixer guarantees or makes any promise regarding any particular result, outcome, cost savings, performance level, security posture, availability, compatibility, or uninterrupted or error-free operation of any device, account, software, network, system, service, or other technology; and (iii) neither Company nor any Fixer is expected or obligated to monitor or update any device, account, software, network, system, service, configuration, security condition, or other technology following the completion of the Services, or to identify, address, or notify User of any subsequent change, defect, vulnerability, failure, incompatibility, security issue, update, or maintenance requirement.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

User Responsibilities and Access

Users are responsible for providing accurate and complete information, maintaining appropriate access and security controls, and taking reasonable precautions before authorizing Services. The User acknowledges that a Fixer’s ability to diagnose, advise, troubleshoot, or perform Services may depend on information, access, permissions, equipment, systems, and other circumstances within the User’s control. To the maximum extent permitted by applicable law, consequences arising from the User’s failure to satisfy these responsibilities are the User’s responsibility and are not attributable to the Fixer or the Company, except to the extent caused by the Company’s or Fixer’s own acts or omissions.

User-Provided Information

In most case, a Fixer’s performance of Services depends on information supplied or made available by the User, including descriptions, messages, photographs, video, measurements, records, system information, diagnostic information, remote observations, or other information available at the time the Services are provided. The User is solely responsible for providing such information accurately and completely and for promptly supplying any material information later learned or discovered and correcting any inaccuracies. The User acknowledges that a Fixer may reasonably rely on information provided by the User and that incomplete, inaccurate, outdated, or misleading information may affect the Fixer’s ability to diagnose an issue, provide accurate advice, or successfully perform the Services.

Remote Access and Remote Assistance

Certain services may involve remote viewing of or interaction with property, equipment, devices, accounts, networks, systems, or services. By initiating or approving a remote-access session or comparable remote assistance, User authorizes the applicable Fixer to access and interact with the relevant environment to the extent reasonably necessary to perform the requested Services and subject to any additional permissions or limitations provided by the User.

Remote assistance may expose information that is visible or accessible within the authorized environment and may involve restarting systems, running diagnostics, installing or removing software or components, changing settings, applying updates, transferring files, modifying configurations, resetting credentials, or taking other troubleshooting steps. The User is responsible for closing, removing, or protecting unrelated sensitive information and for limiting access to the information, systems, devices, accounts, and environments made available to the Fixer to what is reasonably necessary for the Services.

Company may impose technical, security, or safety restrictions on remote-access tools or sessions but does not undertake a general duty to monitor or supervise each Fixer’s performance during a remote-access session.

Backups, Copies, and Recovery

Before authorizing Services that could affect stored information, settings, configurations, software, accounts, devices, equipment, systems, or other content, User is responsible for taking reasonable precautions appropriate to the circumstances, including maintaining current backups or copies and, where applicable, maintaining recovery credentials, installation media, configuration information, or other resources reasonably necessary to restore affected information or functionality. User is also responsible for verifying, where reasonably practicable, that critical backups are complete and usable before authorizing Services that could affect the underlying information or system.

To the extent any information, configurations, settings, functionality, property, or conditions cannot be recovered, reconstructed, restored, or reversed, neither Company nor any Fixer guarantees successful backup, migration, transfer, restoration, repair, recovery, rollback, or preservation of any information or functionality. User acknowledges that the existence of a backup does not necessarily ensure successful restoration and that backups may be incomplete, corrupted, outdated, inaccessible, incompatible, or otherwise unusable.

Credentials, Access Codes, and Sensitive Information

User is responsible for providing only the access, permissions, credentials, and information reasonably necessary for the requested Services. User should not provide passwords, authentication secrets, recovery codes, financial credentials, or other highly sensitive access information through Platform fields or other insecure means unless the Platform expressly provides a secure method for doing so.

Where reasonably practicable, User is encouraged to use temporary credentials, limited-access accounts, temporary access codes, restricted permissions, remote-access tools, or similar mechanisms that provide the Fixer with only the level of access reasonably necessary to perform the Services. Where such temporary or limited access methods are used, User is responsible for providing the applicable credentials, codes, permissions, or access at the time of service unless otherwise instructed by the Fixer. Following completion or termination of the Services, User is solely responsible for disabling, revoking, changing, or removing temporary credentials, access codes, permissions, remote-access software, administrator privileges, or other access provided to the Fixer, as appropriate under the circumstances.

Fixers are instructed to use access provided by a User only for authorized purposes and in connection with the Services. However, the User remains responsible for maintaining appropriate access controls and security measures for the User’s property, accounts, devices, networks, systems, and services.

Geographic Restrictions

The Company is based in the State of Delaware in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own risk and are responsible for compliance with local laws.

Linking to the Website and Social Media Features

The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website.
• Send emails or other communications with certain content, or links to certain content, on the Website.
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation, but you may not suggest, explicitly or implicitly, that such link suggests any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Communications and Confidentiality

User communications through the Platform are subject to the Company’s Privacy Policy and any additional privacy disclosures presented in connection with the applicable Platform feature or service. Users should disclose or provide access to only information reasonably necessary for the requested Service and should exercise appropriate care when sharing personal, confidential, proprietary, financial, security-sensitive, or other sensitive information.

Users should not assume that communications through the Platform are confidential, privileged, or protected from disclosure merely because a Fixer has professional credentials, specialized expertise, or a particular professional designation. Unless expressly stated otherwise, communications through the Platform do not create an attorney-client, accountant-client, physician-patient, or other professional relationship or privilege between the User and the Company or between the User and a Fixer solely by virtue of the User’s use of the Platform.

Nothing in these Terms eliminates or limits any confidentiality, privacy, security, professional, or other duty that applicable law independently imposes and that cannot lawfully be waived or limited by agreement.

Fixer Services and User-Fixer Relationship

The relationship between the User and a Fixer with respect to any Services to be performed by the Fixer is solely between User and the Fixer. User acknowledges and agrees that the Fixer is solely responsible for the Services that the Fixer undertakes to provide, including the Fixer’s methods, judgments, representations, advice, performance, workmanship, compliance with applicable laws and regulations, and any licenses, permits, certifications, registrations, insurance, or other qualifications required to provide the applicable services. Any warranty or guarantee offered by a Fixer is provided solely by that Fixer and does not constitute a warranty or guarantee by the Company.

Except as otherwise expressly provided in these Terms, Company is not responsible for a Fixer’s acts or omissions, including if a Fixer declines, delays, cancels, abandons, or fails to complete a requested service; fails to appear or respond; performs a service unsuccessfully or inadequately; provides inaccurate or incomplete information or advice; causes damage or loss; or otherwise fails to meet the User’s expectations or the Fixer’s obligations to the User.

Nothing in these Terms excludes or limits any responsibility that applicable law independently imposes on the Company for the Company’s own acts or omissions, or any liability that cannot lawfully be excluded or limited.

No Guaranteed Outcome

Troubleshooting, diagnosis, testing, configuration, recovery, repair, and similar assistance inherently involve uncertainty. The same symptom may have multiple causes, available information may be incomplete, and a proposed step may fail, have unintended effects, or reveal or coincide with defects, incompatibilities, failures, vulnerabilities, deterioration, corruption, damage, or pre-existing conditions.

Without limiting any other provision of these Terms, neither Company nor any Fixer guarantees that: (i) any diagnosis will be correct or complete, or identify the underlying cause of a problem; (ii) any recommendation, troubleshooting step, or proposed solution will work or produce the intended result; (iii) any condition can be repaired, restored, reversed, or otherwise corrected; (iv) any lost, deleted, corrupted, damaged, encrypted, inaccessible, or otherwise unavailable information or functionality can be recovered or restored; (v) any item, device, account, network, system, service, or other subject of assistance will operate as intended after following the Services; (vi) any problem will not recur; (vii) any security issue, vulnerability, compromise, or unauthorized access has been completely identified, prevented, or eliminated; or (viii) additional problems will not arise.

The User acknowledges that the Services may address a particular symptom, issue, or condition without identifying or resolving an underlying or related issue and that successful completion of a particular task does not constitute a representation or warranty that the applicable device, system, account, network, software, or service is secure, reliable, fully functional, or free from defects or vulnerabilities.

Safety, Urgent Conditions, and Stop-Work Decisions

The Platform is not an emergency-response service. Users should not rely on the Platform where delay could reasonably create an imminent risk of death, bodily injury, substantial property damage, significant data or security loss, unauthorized access, or other serious harm. In such circumstances, Users should contact appropriate emergency services, the applicable utility or service provider, manufacturer or authorized service organization, law enforcement where appropriate, or another qualified local professional.

A User or Fixer may decline to commence or may stop, suspend, or discontinue Services when conditions cannot reasonably be evaluated or addressed safely based on the information, tools, authorization, location, skill, equipment, or access available. A Fixer is not required to perform a Service that the Fixer reasonably believes cannot be performed safely, lawfully, or within the Fixer’s qualifications or available capabilities. User acknowledges that a Fixer’s decision to decline, suspend, or discontinue Services for safety, legal, technical, or other reasonable reasons does not constitute a failure to perform the Services. The Company does not guarantee that the Platform or any Fixer will be available to address an urgent or hazardous condition.

Disputes Between Users and Fixers

Users are solely responsible for addressing and resolving any disputes with their assigned Fixers. Company’s role is to facilitate connections and communications between Users and Fixers through the Platform and does not include guaranteeing the quality, accuracy, completeness, timeliness, legality, safety, or results of any Services provided by a Fixer.

The Company may, in its sole discretion, elect to assist a User in addressing or resolving a dispute, but has no obligation to do so. Any such assistance is provided as a courtesy and does not make the Company a party to the dispute or otherwise impose any obligation on the Company to investigate, mediate, resolve, reimburse, or otherwise participate in the dispute. The Company assumes no liability arising from or relating to any dispute between a User and a Fixer or from any assistance the Company may provide in connection with such dispute.

Any agreement, settlement, compromise, refund, credit, adjustment, or other resolution reached between a User and a Fixer is solely between those parties and is independent of the Company. To the maximum extent permitted by applicable law, User waives and releases any claims against the Company arising solely out of or relating to a dispute between the User and a Fixer, except to the extent such claims arise from the Company’s own acts or omissions or involve liability that cannot lawfully be waived or released.

Service Concerns and Fixer Interactions

If you have a concern regarding any assistance or Service provided through the Platform, you may submit the concern to the Company through the support or contact methods made available through the Platform. Upon receiving a service concern, the Company may, in its discretion, review the circumstances, facilitate communications between the User and Fixer, offer additional troubleshooting or guidance, discontinue or modify assistance, or recommend escalation to another Fixer, service provider, manufacturer, or other appropriate resource. Company does not guarantee that any complaint, technical condition, service concern, dispute, or disagreement can be resolved through the Platform or that any particular outcome will result from the Company’s review or assistance.

Nothing in this Section creates an obligation for the Company to continue troubleshooting, provide replacement or additional Services, reimburse consequential or incidental losses, obtain third-party or original equipment manufacturer (“OEM”) support on a User’s behalf, or resolve a condition that the Company or a Fixer reasonably determines is outside the scope, capabilities, or appropriate use of the Platform.

Any limitation, disclaimer, release, or waiver contained in these Terms applies only to the fullest extent permitted by applicable law and does not waive or limit liability that cannot lawfully be waived or limited.

Indemnification

To the fullest extent permitted by applicable law, User shall defend, indemnify, and hold harmless the Company from and against any third-party claims, actions, demands, damages, judgments, liabilities, losses, costs, and reasonable attorneys’ fees arising out of or relating to: (i) information, content, materials, or instructions provided by User; (ii) User’s unlawful, unauthorized, fraudulent, or abusive use of the Platform; (iii) User’s request for or authorization of access to property, devices, accounts, data, networks, systems, or services that User did not have the authority to access or authorize; (iv) User’s infringement, misappropriation, or violation of any intellectual property, privacy, publicity, contractual, or other rights of another person or entity; or (v) User’s breach of these Terms. This indemnification obligation does not require User to indemnify or hold harmless the Company for liability to the extent applicable law prohibits such liability from being shifted to User.

The Company may assume exclusive control of the defense and settlement of any claim subject to indemnification by User, provided that the Company will not settle any such claim in a manner that imposes a non-monetary obligation on User or requires an admission of liability by User without User’s prior written consent, not to be unreasonably withheld, conditioned, or delayed. User shall reasonably cooperate with the Company in the defense of any covered claim. To the extent any of the Company’s rights, obligations, or interests are implicated, User may not settle any covered claim without the Company’s prior written consent.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, RECOMMENDATIONS, AND SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY INFORMATION OR ASSISTANCE MADE AVAILABLE THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR ANY PARTICULAR PURPOSE; THAT ANY DEFECT OR ERROR WILL BE CORRECTED; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT ANY SERVICE, FIXER, RECOMMENDATION, DIAGNOSIS, TROUBLESHOOTING STEP, OR OTHER ASSISTANCE WILL PRODUCE ANY PARTICULAR RESULT.

NO INFORMATION, ADVICE, RECOMMENDATION, REPRESENTATION, COMMUNICATION, OR OTHER MATERIAL OBTAINED THROUGH THE PLATFORM OR FROM A FIXER CREATES OR EXPANDS ANY WARRANTY, REPRESENTATION, OR OBLIGATION OF THE COMPANY UNLESS EXPRESSLY STATED IN THESE TERMS. THESE DISCLAIMERS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT EXCLUDE OR LIMIT ANY WARRANTY OR OTHER OBLIGATION THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF CONFIGURATIONS OR CONTENT, COSTS OF RESTORATION OR RECONSTRUCTION, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF GOODWILL, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM OR EQUIPMENT DOWNTIME, OR SIMILAR LOSSES, ARISING OUT OF OR RELATING TO THE PLATFORM, ANY FIXER, ANY SERVICE OR ASSISTANCE PROVIDED THROUGH THE PLATFORM, THESE TERMS, OR ANY RELIANCE ON INFORMATION OBTAINED THROUGH OR IN CONNECTION WITH THE PLATFORM, REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM, ANY ASSISTANCE OR SERVICE PROVIDED THROUGH THE PLATFORM, ANY FIXER, OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY USER TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE APPLICABLE CLAIM. THE FACT THAT ANY PLATFORM FEATURE OR SERVICE IS PROVIDED WITHOUT CHARGE DOES NOT CREATE OR EXPAND ANY WARRANTY, DUTY, STANDARD OF CARE, REMEDY, OR LIABILITY BEYOND WHAT IS EXPRESSLY PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW.

THE EXCLUSIONS AND LIMITATION OF LIABILITY SET FORTH ABOVE APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND ARE MATERIAL CONDITIONS OF THE COMPANY’S WILLINGNESS TO MAKE THE PLATFORM AND SERVICES AVAILABLE. THE LIABILITY CAP IS AGGREGATE AND WILL NOT BE MULTIPLIED BY THE NUMBER OF INCIDENTS, CLAIMS, SESSIONS, REQUESTS, FIXERS, SERVICES, DEVICES, ACCOUNTS, NETWORKS, SYSTEMS, OR LEGAL THEORIES INVOLVED.

NOTHING IN THESE TERMS EXCLUDES, LIMITS, OR WAIVES LIABILITY TO THE EXTENT SUCH EXCLUSION, LIMITATION, OR WAIVER IS PROHIBITED BY APPLICABLE LAW, INCLUDING LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR WAIVED FOR FRAUD, FRAUDULENT MISREPRESENTATION, WILLFUL MISCONDUCT, CERTAIN STATUTORY VIOLATIONS, OR OTHER NON-WAIVABLE OBLIGATIONS.

Third-Party Products and Services

Some Services may depend on or require interaction with third-party products, equipment, components, software, platforms, networks, carriers, cloud services, subscriptions, websites, accounts, parts, materials, data sources, or other services (“Third-Party Products and Services”). A recommendation, reference, or use if a Third-Party Product or Service does not constitute a warranty or endorsement by Company.

Company does not control and does not warrant the availability, functionality, compatibility, interoperability, security, quality, licensing, price, support, continued operation, or terms of any Third-Party Products and Services. The Company is not responsible for any interruption, failure, defect, incompatibility, security issue, change in availability or functionality, price change, loss, or other consequence arising from or relating to any Third-Party Product or Service, except to the extent caused by the Company’s own acts or omissions or otherwise required by applicable law.

Your use of Third-Party Products and Services may be governed by separate licenses, warranties, subscriptions, service agreements, terms of service, acceptable-use policies, privacy policies, or other terms imposed by the applicable third party. Any such agreement is solely between you and the applicable third party. Neither the Company nor, unless expressly stated otherwise, the Fixer is a party to or responsible for any such agreement, and neither the Company nor any Fixer assumes any obligation, warranty, or liability arising under or relating to such agreement.

Information About You and Your Visits to the Website and App

All information we collect on the Platform is subject to our Privacy Policy, which can be found at www.fixersclub.com/privacy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to the Terms of Use

Company may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted to the Website or the App, and apply to all access to and use of the Platform thereafter.

Any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section of these Terms shall not apply to any disputes for which the parties have actual notice on or before the date the change is posted. User’s continued use of the Platform following the posting of revised Terms shall be deemed to mean that you accept and agree to the changes. User is encouraged to check the Terms consistently.

Access and Account Security

We reserve the right to withdraw or amend the Platform, as well as any service or material we provide thereon, in our sole discretion without notice. From time to time, we may restrict user access to some parts of the Platform, or the entire Platform.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Platform.
• Ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.

To access the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide thereon is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, which can be found at www.fixersclub.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or the App using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Platform, including the Website and App, are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit User to use the Platform for personal, non-commercial use only. User shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print, download, or copy information from the Platform solely to the extent reasonably necessary for your personal use and enjoyment of the Services, provided that you do not remove or alter any copyright, trademark, or other proprietary notices contained in such information..
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

For an avoidance of doubt, User may not:

• Modify copies of any materials from the Platform.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform
• Access or use for any commercial purposes any part of the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform, Company may, in its sole discretion, deny any further access to the Platform and require you to immediately return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Platform, or any content located therein, is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material from the Platform.
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Platform.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Website is stored, or any server, computer, or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

Monitoring and Enforcement; Termination

To the extent that User’s conduct, use of the Platform, or use of any Services may violate or infringe the Company’s rights, violate these Terms, or expose the Company to claims, liability, damages, penalties, or other obligations to any third party, the Company may, in its discretion and to the extent reasonably necessary or appropriate:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
• Terminate or suspend your access to all or part of the Platform.

Moreover, to the extent required by law, the Company will cooperate fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website or App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Company of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Company. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms by Company operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder by Company precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Entire Agreement

These Terms and the Company’s Privacy Policy constitute the sole and entire agreement between you and Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Your Comments and Concerns

The Website and App are operated by Fixers Club LLC, a Delaware Limited Liability Company with offices located at 8 The Green Suite 16896 Dover, DE 19901.

All feedback, comments, requests for technical support, and other communications relating to the Website or the App should be directed to: support@fixersclub.com.