Terms of Use
Parties. The parties to this Agreement are you, and the owner and operator of this Fixitupforless.com, Fixitup4less.com, Constructionworkforless.com website, Fixitupforless.com ("FIUFL"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website and FIUFL.
Modification of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible through the Terms of Use link on this site's home page. Your continued use of this site indicates your acceptance of the amended Agreement. You should check this Agreement through this link periodically for modifications by clicking on the link provided near the top of the Agreement for a listing of material changes and their effective dates.
License and Restrictions. Subject to these Terms of Use and our Privacy Policy, you are granted limited, personal, non-exclusive, revocable, non-transferable, worldwide rights to use the public areas of this site, only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; (iii) except for linking to this site's home page, create Internet links to the site, its services or content, or (iv) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
Services Provided by Others. Matters concerning the services, parts or products desired from or provided by a Fixitupforless.com (FIUFL) member contractors, including but not limited to purchase terms, warranties, guarantees, maintenance and delivery, are solely between you and the FIUFL contractors. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services
You agree not to consider FIUFL nor will FIUFL be construed as a party to such transactions, whether or not FIUFL may have received some form of payment or consideration in connection with the transaction. You hereby release FIUFL from all liability, with regard to any services, parts or products provided by FIUFL member contractors.
You agree that in using any services provided by an FIUFL member contractor, FIUFL is not acting as your general contractor or agent. Due to regulatory requirements that require FIUFL to obtain a contractors license despite the fact that it does not act as a general contractor, FIUFL members at this time cannot contract for work in the states of California, Florida, Maryland, Rhode Island and Washington unless they do so directly. Please contact us.
You agree to take all responsibility for selecting a FIUFL member contractor and negotiating the terms of any work to be performed (your rights under contracts you enter into with the member contractors are governed by the terms of such contracts and by applicable federal, state, provincial and local laws). In addition, information provided in the FIUFL Site is for general use. FIUFL is unaware of your particular needs and requirements. You agree that you will consult with appropriate expert advisers to assist in your needs and requirements, including contractors, architects, attorneys, and insurance professionals. FIUFL DOES NOT WARRANTY ANY MEMBER'S WORK.
Right to Terminate. In certain states, depending on the nature of the service provided, a consumer has the right to terminate the agreement they enter into with an FIUFL member contractor, provided they do so within the statutory period, usually three days from date the agreement is executed.
- Limitations of Liabilities and Warranties.
Disclaimer of Liability. The information contained at the Site may include technical inaccuracies or typographical errors. FIUFL from time to time amends, changes, adds, deletes, updates or alters the information contained at this Site, including information regarding the products and services described at the Site, without notice. Because of the possibility of human and mechanical error as well as other factors, you agree that FIUFL is not responsible for any errors in or omissions from the information contained in or accessed through this Site or services provided by others as a result of usage of this Site. All such information and services are provided "as is" without warranty of any kind from FIUFL. FIUFL expressly disclaims any responsibility to update the information contained at the Site. FIUFL makes no representation with regard to such information, FIUFL'S services, the FIUFL site, any hyper-linked websites, and services provided by others as a result of use of this site, and disclaims all express, implied and statutory warranties of any kind to you or to any third party, including any warranties of accuracy, timeliness, non-infringement, completeness, merchantability and fitness for any particular purpose. You agree that, except as expressly provided in the site, FIUFL shall have no liability in tort, contract or otherwise to you or any third party due to use of the information or services provided in or as a result of usage of the FIUFL Site.
You further agree that FIUFL shall under no circumstances be liable to you or any third party for any lost profits or lost opportunity, direct, indirect, special, consequential, incidental, exemplary or punitive damages, or any damages whatsoever, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract and tort actions (including libel), arising out of use or the inability to use, copy, display or interact with the FIUFL Site, FIUFL's services, or the services of others provided as a result of use of the FIUFL Site, even if FIUFL has been advised of the possibility of such damages, or any claims based upon the accuracy or inaccuracy of the information available through FIUFL. If you must rely upon information or advice found in this Site, you should independently verify its accuracy with the proper expert.
Indemnification. You agree to indemnify, save and hold harmless FIUFL and its officers, directors, employees, agents, attorneys, subsidiaries, parent corporations, affiliated entities, shareholders, representatives, predecessors, beneficiaries, partners, joint venturers, successors and assigns (collectively, "Associated Entities and Persons") from and against any and all losses, liabilities, obligations, damages, costs and expenses, whether known, unknown, contingent or inchoate, of any nature whatsoever, including, without limitation, actual attorneys' fees, court costs and other expenses incurred by FIUFL and its Associated Entities and Persons, and shall defend FIUFL and its Associated Entities and Persons against, any and all actions, causes of action, claims, demands, rights, suits, and proceedings brought against FIUFL or its Associated Entities and Persons, in connection with or as a result of, any violation of this Agreement, use or the inability to use the FIUFL Site or FIUFL's services, services or products provided by FIUFL member contractors, any transaction between you and FIUFL member contractors, or any claims based upon the accuracy or inaccuracy of the information available through the FIUFL Site.
- Copyright and Trademark Information.
The information contained at the Site, including but not limited to text and images herein (other than certain images licensed from third parties, see DMCA Notice) and their arrangement, are protected by copyright (c) 2009, FIUFL All Rights Reserved. This Site contains copyrighted materials, trademarks, service marks, trade dress and other proprietary information owned by FIUFL and protected by intellectual property laws, and statutory and common laws. FIUFL and its logo are trademarks of Fixitup Ventures, LLC. All other trademarks are property of FIUFL unless otherwise designated or clearly implied herein as belonging to third parties. Nothing contained at the Site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of FIUFL or of any third party. You are authorized by FIUFL to copy, transmit or display any information registered or owned by FIUFL on any page of the Site solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page. The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without FIUFL's prior written consent. The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
DMCA Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Fixitup Ventures, LLC
25550 Grand River Ave.
Redford, MI 48240
800-578-1547
Dmca.notice@Fixitupforless.comYou may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Links to Other Internet Websites. Some of the websites listed as links herein are not under the control of FIUFL, but rather are exclusively controlled by third parties. Accordingly, FIUFL makes no representations whatsoever concerning such websites. Although FIUFL may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by FIUFL with respect to such website or its owners unless expressly indicated to the contrary. FIUFL is providing these links only as a convenience to you. Unless expressly indicated otherwise, FIUFL has not tested any information, products or services found on such websites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is of the nature and quality to satisfy your needs. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
Posting Ratings & Reviews. FIUFL reserves the right, but not the obligation, to refuse to post or to remove any Review if FIUFL determines (in its sole discretion) that it contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Language that violates the standards of good taste or the standards of this Site.
- Comments concerning a different FIUFL member.
- Information not related to work requested in the service request.
- Statements that are or appear to be false.
- Comments that disparage FIUFL.
Further, the reviewer must provide permission to FIUFL to contact the member contractor about his or her work. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached.
Ratings & Reviews are not endorsed by FIUFL. All ratings and reviews of a member professional that are displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of FIUFL. FIUFL disclaims any and all representations or warranties with regard to the Ratings and Reviews.
Reviews do not reflect the views of FIUFL; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.
FIUFL does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. Any comments or materials sent to FIFL, including customer comments and feedback data, such as questions, comments, suggestions or the like (collectively "Feedback") shall be deemed to be non-confidential. FIUFL shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, FIUFL shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
By transmitting information, other than specific personal and billing information covered by our Privacy Policy, to FIUFL via the Site or by e-mail, you agree that: (i) such information is non-confidential and shall become the property of FIUFL, (ii) such information may be used by FIUFL without restriction and without compensation to you, and (iii) you accept any and all responsibility for the accuracy, content, and legality of such information.
FIUFL contractor membership application and home improvement customer information submitted to FIUFL shall be treated confidentially to the extent required by applicable law or as disclosed in the application.
Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Violations of Terms and Conditions. FIUFL reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site.
You agree to indemnify, defend and hold harmless FIUFL from any liability, loss, claim and expense, including attorneys' fees, related to your violation of these Terms and Conditions or your use of the services and information provided at the FIUFL Site.
Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
Member Prescreening Procedures and Disclaimers. The following are the screening procedures FIUFL uses to qualify its members:
- Licensing - FIUFL confirms member contractors' licenses in their home state only. Individual projects and municipalities may require additional licensing and/or permitting. Compliance with these requirements are the sole responsibility of the Customer and/or Contractor and should be spelled out in their agreement(s).
- Insurance/Bonding - Where relevant, FIUFL confirms general liability insurance coverage or bonding information (for movers, either cargo valuation coverage or general liability insurance coverage) presented by member service professionals in their profiles at the time of their registration with FIUFL. FIUFL confirms such coverage via the service professional's insurance agent. FIUFL does not confirm general liability coverage for certain categories of service professionals where such coverage is deemed not relevant, including but not limited to: Inspectors; Appraisers; Architects; Engineers; Consultants; Home Maintenance Services; Designers; Pre-Manufactured Cabinet Makers; Organizers; Permit Services; Disability Planners; Alarm System Monitors; Toxic Materials; Toxic Material Testing.
- State Business Filings* - For business types that require a Secretary of State filing, we confirm that the service professional is in good standing in the state in which it is located. This check applies to service professionals that are corporations and Limited Liability Companies (LLC's).
- Criminal Records Search - FIUFL uses 3rd party data sources to conduct a criminal search for any relevant criminal activity associated with the owner/principal of the business.
- Identity Verification (Social Security Number) - FIUFL verifies the social security number(s) (or SSI for Canadian service professionals) of the service professional's owner/principal for identity check purposes. This check applies primarily to smaller business entities.
- Identity Verification (Reverse Phone Lookup) - We conduct a reverse business phone lookup to identify records matching the phone number information provided by the business.
- Legal Search for Civil Judgments - We use 3rd party data sources that record legal information to check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers within the three years prior to such service professional's registration with FIUFL, and to check for bankruptcy filings by or against the principal / owner.
NOTE: Member service professional information confirmed at the time of enrollment as described above may change or expire over time; while FIUFL attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time the member applies for membership in the FIUFL network, and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a service professional you verify that information presented in the service professional's profile is still current and/or acceptable to you.
**Only for U.S. service professionals
Corporate Accounts - Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above criteria is not applicable to Corporate Accounts, and therefore, FIUFL does not screen the Corporate Accounts or Corporate SP's, but rather relies on the screening performed by the Corporate Account. If you have any questions about what screening the Corporate Account performs on it's Corporate SP's, you should contact the Corporate Account directly.
Member Profiles: FIUFL allows its member Professionals to post profiles about themselves and their business on the FIUFL Website. FIUFL does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the member.
The above procedures may change from time to time at the sole discretion of FIUFL. FIUFL believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, FIUFL advises consumers to check these matters for themselves especially at future dates. FIUFL does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that FIUFL checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: FIUFL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
Miscellaneous. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO FIUFL, ITS MEMBERS, AND PROFESSIONAL PARTNERS, AND TO CONSUMERS. FURTHER, IT COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO FIUFL AND THE CONTRACTOR MEMBER WHO ACCEPTS A PROJECT AWARD, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF FIUFL AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER
Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.
USA Patriot Act Notice. The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
Consumer Rights Information; California Civil Code Section 1789.3. Pricing information is posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Fixitup Ventures, LLC
Attn: Privacy Policy Officer
25550 Grand River Ave.
Redford, MI 48240
800-578-1547
contact@Fixitupforless.comYou may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Washtenaw County, Michigan, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Michigan, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
Jurisdiction And Venue. The courts of Washtenaw County in the State of Michigan, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
Controlling Law. This Agreement shall be construed under the laws of the State of Michigan, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Intended For Use Only Within The United States. This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Severability, Alteration & Termination. This Agreement is effective until terminated by FIUFL, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive. Any clause of this Agreement declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder. In the event of any action by FIUFL to (a) enforce or interpret this Agreement, (b) recover damages for breach of this Agreement, (c) obtain declaratory relief in connection with this Agreement, or (d) otherwise obtain judicial relief in connection with the transactions that are the subject of or are contemplated by this Agreement, FIUFL shall be entitled to recover, in addition to all damages, all actual attorneys' fees, court costs and other fees and expenses incurred in connection therewith. FIUFL's waiver or failure to insist upon strict compliance with any obligation, covenant, agreement or condition of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
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Please feel free to contact us if you have any questions.