FIXXED Membership Terms and Conditions

These Membership Terms and Conditions (the “Terms”) govern your Membership with FIXXED Insurance a Subsidiary of CRBT Inc  (“FIXXED” or “us”).  As a Member of FIXXED,  you are subject to these Membership Terms and Conditions, the Website Terms and Conditions, found here, and any other terms, conditions, or agreements governing your use of FIXXED products or services, as applicable, all of which are incorporated herein by reference. In the event of a conflict between the Membership Terms and Conditions on the one hand and any other terms, conditions, or agreements on the other hand, the Membership Terms and Conditions shall govern solely with regard to the transactions contemplated herein.

We may amend these Membership Terms and Conditions from time to time, by posting the amended Membership Terms and Conditions on this page. We may also post a prominent notice of material changes to these Membership Terms and Conditions on the home page of the FIXXED website. Any changes to these Membership Terms and Conditions will be effective immediately for new Members; otherwise these changes will be effective upon thirty (30) calendar days following our posting of a notice on our Site. Accordingly, you should check this page monthly for any updates to these Membership Terms and Conditions. Continued possession or use of your Membership following notice of such changes shall indicate your acknowledgment of, and agreement to be bound by, such changes. Except as provided in this Section, no amendment to these Membership Terms and Conditions will be valid.

By completing registration with FIXXED, checking off the agreement box and statement, and submitting payment, you understand and agree to all outlined terms and conditions set forth in this document, our website’s FAQs, and the documents found by link on gotFIXXED.com. If you do not understand any of the information set forth here in our terms, you may contact us for clarifications or further explanation at: support@gotfixxed.com.

1. THE MEMBERSHIP 

This contract governs the hardware services and other membership support provided to you by FIXXED under the above-mentioned membership (each referred to herein as the “Membership”) for the devices and items protected under the Membership.  (“Protected Equipment”) listed on your Membership confirmation documentation (“Membership Confirmation”). 

The terms of the Membership apply the same whether paid for on an annual basis (“Annual Pay Membership”) or a monthly basis (“Monthly Pay Membership”) unless otherwise noted.  Your Membership may be paid by you or a third party who finances or otherwise pays for your Membership (a “Membership Payment Provider”).  Your Membership may also be provided to you on a Group basis. 

All protection offered under your Membership administered by FIXXED are reimbursement agreements for device and item losses, provided as a benefit of FIXXED membership. Protection is provided in partnership with umbrella Financial Services LLC. 

By joining this Membership, taking advantage of the Membership, or otherwise affirmatively agreeing to these Terms, you acknowledge and understand that FIXXED is not a licensed insurance agency, broker, underwriter, nor receives any broker/agent commissions on protections provided with our memberships. FIXXED reimbursement and warranty agreements or other commitments are financially backed in partnership with Umbrella Financial  Services LLC. 

1. WHEN MEMBERSHIP AND PROTECTION BEGIN AND END

Membership and Protection begin when you purchase the Membership, or are provided access to the Membership via your Group.  Membership and Protection in turn end on the date specified in your Membership Confirmation (“Protection Period”).  To obtain your Membership Confirmation, register your Protected Equipment and your Membership’s registration number (“Membership Agreement Number”) with FIXXED.  Your Membership Agreement Number is your cell phone number assigned to your account if you have a plan that includes protection for a phone. If your plan does not provide any protection for a phone, your Membership Agreement Number will be provided at purchase. If auto-registration is available and you do not receive a separate Membership Confirmation, your original sales receipt will be your Membership Confirmation.  The terms of this Membership, the original sales receipt for your Membership and the Membership Confirmation are each part of your service contract.  The price of the Membership is contained in the original sales receipt as provided by FIXXED or another seller from whom you’ve purchased your Membership (a “Reseller”), or your Membership Payment Provider or Group administrator.  A purchase receipt may or may not be provided to you, you may request one by reaching out to billing@gotFIXXED.com. The hardware service and property protection provided by the Membership is additional to the coverage provided by the manufacturer’s hardware warranty and complimentary technical support. 

For Monthly Pay Memberships (where available), you agree to have the credit card, debit card or other authorized payment source (the “Payment Source”) used for your Membership purchase (or your first Membership payment where not otherwise paid for by a Membership Payment Provider) kept on file to automatically charge in advance of the same day of each month following your initial payment. For example, if your protection begins on February 2, your remaining payments will be debited on March 2, April  2, and so on. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate monthly payment on time, you will receive a notice from FIXXED that your account is past due. If payment is not provided within 30 days of this notice, your Membership protection will cease.  Any past due payments are owed to FIXXED for your protection to continue.  FIXXED has the right, but not the obligation, to accept any late payment and allow your Membership to continue from the date of late payment. 

You accept that it is your responsibility to complete activation of your account, and to verify any property you want protected under your Membership.  Failure to activate your account or register a product does not constitute a delay in your Membership’s start date.  Any claim that services were not offered by FIXXED for your failure to comply with this obligation will not result in any form of refund or prorated fees.

Waiting period: There is a waiting period 30 days for accidental damages, theft or any loss to be eligible for reimbursement from your Membership. In situations where ample photo/video evidence is available and all item verification steps have been completed when reviewing your reported loss and claim, this waiting period may be waived for electronic device screen crack damages only. There is no waiver to this waiting period for any other claims of theft, lost phones, or other forms of accidental damage losses. Should you pause or cancel your Membership and then resume your Membership at a later date, a new 30 day waiting period shall begin on the date of your Membership being resumed and is subject to these same terms.

Protection Eligibility: Items are only eligible for protection and reimbursement in the event of a loss if they were inventoried in your account according to all outlined rules and procedures laid forth by FIXXED and have no existing damages or defects. Your plan will only protect your items. All plans are per individual and may not be used to share protection with others for their items. If we suspect items added to your plan are not yours, or are not predominantly used by you, we may remove them from your plan and they will not be eligible for protection.

Type of Protection: The protection afforded by your Membership does not serve as any form of primary protection, coverage, or insurance when you have protection or insurance coverage applicable to the loss protected herein. In such circumstances, the amount of FIXXED’s liability under your Membership shall be reduced by the amount of such other form of coverage. The amount you may be reimbursed for under your Membership or any other policies providing coverage should not exceed the total loss by you.

1. What is Protected? 

3.1 Hardware Service

If during the Protection Period, you submit a valid claim by notifying FIXXED that your Protected Equipment suffered a “Loss” as defined in section 3.2 below, FIXXED will either (a) repair the defect—after you have paid your service fee as defined in your Membership—by using new or refurbished parts that are equivalent to new in performance and reliability, or (b) providing you a payment based upon the Protected Equipment as in a refurbished condition. FIXXED may use Protected Equipment or replacement parts for service that are sourced from a country that is different from the country from which the Protected Equipment or original parts were sourced. 

All service fees, which may also be referred to as “deductibles,” may be found on our Support page here and/or within your account settings near your plan and billing information. If your Membership is provided through a partner or third party, information on your deductibles may be provided elsewhere.

3.2 Loss 

“Loss” is to be defined as any material loss of function or damage, or theft or disappearance of a Member’s Protected Equipment.  Loss does not include any protection of natural degradation or wear and tear.  For more information about what types of damage are not protected as a Loss, please see Section 4 below.

3.3 Verification Required.

As part of your Membership, and to request service pursuant to your Membership, you must verify the devices you want protected by your Membership.   Members must use our platform to upload their personal belongings’ device or item information including information such as make, model, serial numbers, and purchase information and more, as well as pictures of their items to their account. As a requirement to have protection by FIXXED for any loss, all required information must be provided. Purchase receipts for your Protected Equipment are only required to receive reimbursement for any stolen or lost devices or property. Failure to comply with all outlined requirements may result in your service request being declined, or your Membership being terminated. Photos should be taken according to all instructions within your account and on FIXXED’s website. They must demonstrate there are no pre-existing conditions of damage or malfunctions when you sign up.  Below are our guidelines for the most popular types of items to protect, you must adhere to similar guidance for adding information and photos of your other electronics and personal items. You can find examples of acceptable verification photos on our website, gotFIXXED.com in our FAQs. You may also contact FIXXED’s support to inquire if your photos are acceptable. FIXXED’s support may provide guidance on general feedback as to the acceptance of your photos, such as if they are too blurry, too dark, or do not contain the proper view or information needed. Confirmation of your photos being acceptable in terms of the required content and quality do not constitute any guarantee that your device or property will be protected for any future service claim.

There are no guarantees that any claims will be accepted.  Only FIXXED’s claims agents may provide acceptance of your claim following a thorough review of your provided photos and information at the time of a filed service claim. For each claim, FIXXED’s claims agents will closely inspect your provided information to determine if the service request is to be eligible pursuant to these Terms.  It is your responsibility to ensure your Protected Equipment has no prior damage or malfunctions, and that your provided information and photos or videos do not conceal any information which may later be the subject of a service claim you file.  

FOR PHONES & TABLETS:  You MUST upload photos of your item. To upload photos of your phone or tablet, you MUST take photos using the device’s own front and rear cameras in front of a mirror (you do not need to be visible in the photos). Make sure any case is removed.  To take a photo of the front of your device, hold it up to the mirror and use the front-facing “selfie” camera.  To take a photo of the back of your device, hold it up to the mirror and use the rear-facing camera.  Also include one photo of the “about page” in your device’s settings which is taken using another device (phone, camera, etc.). You may not provide a screenshot of the about page. The photo must contain the serial number visible on the screen, and the entire screen and front of the phone/tablet must also be visible.

THEFT: For the theft of a phone or any of your items to be eligible for reimbursement, you must be able to share your google location timeline to prove your last known location and of the device or item prior to it being stolen. If you do not have the Google Maps mobile application installed on your device, you must do so in order for theft of your phone or other items to be protected, or have a similar device tracking software/tool which is capable of displaying your last known location or location of your phone or other item with a timeline/history. A mobile app or tool such as iPhone’s “Find My” is not sufficient enough as it can only prove the present location of a device and cannot display a timeline/history of its location. If you have any questions regarding theft of phones or other items or need assistance setting up a proper mobile app or tool, please contact us.

1. WHAT IS NOT PROTECTED?

The Membership does not apply to:

 (a) Installation, removal or disposal of the Protected Equipment, or the provision of equipment while the Protected Equipment is being serviced;

 (b) Damage caused by (i) a product that is not the Protected Equipment, (ii) abuse, misuse, fire, earthquake or other external cause, or (iii) operating the Protected Equipment outside the permitted or intended uses described by the manufacturer; or (iv) any of the following: corrosion & rust, cosmetic damage, dishonest acts, intentional acts, , nuclear hazard, power surge, theft from an unattended vehicle that is not supported by signs of forced entry, unexplained loss or mysterious disappearance of devices other than phones for members on certain plans and at certain deductibles, war-government seizure or general wear and tear;

(c) Protected Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;

(d) Cosmetic damage to the Protected Equipment including but not limited to scratches, dents and broken plastic on ports; or

(e) Preventative maintenance on the Protected Equipment; or

(f) Defects caused by normal wear and tear or otherwise due to normal aging of the product. 

1. HOW CAN YOU USE YOUR MEMBERSHIP? 

You may obtain services by logging into your account via our website or and filing a claim under the “claims” section or by emailing claims@gotFIXXED.com.  Depending on the third party or partner that may provide your Membership, obtaining service may be facilitated by visiting an applicable claims submission page or portal provided to you. If you have difficulty in requesting service, you may contact our support, support@gotFIXXED.com. Keep your Membership Confirmation document and any original sales receipts for your Protected Equipment and your Membership, as it may be required if there is any question as to your product’s eligibility for protection.  You may also be required to provide the cell phone number associated with your Membership in order to confirm eligibility. You acknowledge that our claims services team will, and has the explicit right to, investigate your claim and any and all supporting documents or information you provide either written, verbal, or visual.  Failure to comply with this investigation right may result in the denial of your claim and the termination of your Membership as described in Section 7.2 below.  

1. YOUR RESPONSIBILITIES 

To receive service or support under the Membership, you agree to comply with the following:

(a) Provide your Membership Confirmation Number—specifically, the cell phone number associated with your Membership—and/or the serial number or item identifier of your Protected Equipment and a copy of your Membership’s original proof of purchase, if requested; 

(b) Provide reasoning for the Loss;

(c) Provide pictures of the Protected Equipment for which you claim a Loss as described in Section 3.3;

(d) Pay any and all dues, fees, deductibles, costs, or other such monetary value as established in these Terms and by your Membership; 

(e) Keep in your possession the Protected Equipment for which you claim a Loss for the duration of the claim until you have received explicit consent from FIXXED’s representatives to release it to a repair provider or facility they have instructed you to bring it to, or mail it to FIXXED or a designated facility; and

(f) Turn over ownership of the Protected Equipment for which you claim a Loss to FIXXED in the event the Protected Equipment for which you claim a Loss cannot be repaired and FIXXED pays to you a reimbursement for replacements.

YOU ARE ALSO RESPONSIBLE IN ENSURING THAT ANY DATA RESIDING ON THE PROTECTED EQUIPMENT IS BACKED UP.  FIXXED MAKES NO GUARANTEES AS TO THE PROTECTION OF THE DATA ON YOUR PROTECTED EQUIPMENT.  You will be responsible for reinstalling all other software programs, data and passwords on any device you replace your Protected Equipment with. 

1. CANCELLATION 

 7.1 Your Cancellation Rights

Regardless of your method of purchase, you may cancel this Membership at any time for any reason.   

(a) For Annual Pay Memberships:

To cancel an Annual Pay Membership, you may email FIXXED at support@gotFIXXED.com or reach out to FIXXED’s support. When emailing FIXXED, you must provide your Membership Agreement Number. You may also cancel your Annual Pay Membership by logging into your account via the App or website and referencing the cancellation instructions in your Account Settings page.

Unless local law provides otherwise, cancellation refunds will be provided as follows:

(A) If you cancel within thirty (30) days of your Membership’s purchase, or receipt of this Membership, whichever occurs later, you will receive a full refund less the value of any service provided under the Membership. 

(B) If you cancel more than thirty (30) days after your receipt of this Membership, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Membership Term from the Membership’s date of purchase, less the value of any service provided to you under the Membership. 

(b) For Monthly Pay Memberships

If you purchased a Monthly Pay Membership from a Reseller, contact the Reseller to cancel your Membership.  If you purchased a Monthly Pay Membership from FIXXED, you may cancel by notifying FIXXED with your Membership Agreement Number and original proof of purchase as noted in Section 7.1(a) applicable to Annual Pay Memberships above. 

Unless applicable local law provides otherwise, your cancellation will be deferred until midnight on the last day of the monthly period for which the last monthly payment was paid. Your failure to timely and fully make any monthly payment will be deemed an expression of your intent to cancel your Membership and you will not be entitled to receive a refund of any monthly payments you have made. If your Monthly Pay Membership is financed through a Membership Payment Provider, contact your Membership Payment Provider to cancel your Membership.  FIXXED may return any refund owed to the financing entity that paid FIXXED for your Membership.

(c) Cancellations in connection with a group or membership program:

 If you receive your Membership (regardless of type) as part of a group or membership program, or if you receive your Membership by a Membership Payment Provider, upon expiration or termination of your right to continue your Membership under such program, you may have the option to assume payment for and continue your Membership.  If you do not elect to assume payment and continue your Membership, your Membership will be cancelled and you will have no right to any refund.

7.2 FIXXED’s Cancellation Rights 

Unless applicable local law provides otherwise, FIXXED may cancel this Membership for fraud, material misrepresentation, by failure to pay Membership fees by you or your Membership Administrator, or by choice with due notice and after any obligations to you for any claims have been fulfilled and fully resolved. 

Should you file a fraudulent claim or provide dishonest or false information about yourself, or your property uploaded to your account, FIXXED may cancel your plan and ban your account as well as charge a $25 membership cancellation fee at its discretion.  Examples of such fraudulent activity may include but is not limit to: adding falsified images or misrepresented images of a user’s property or personal items, concealing parts of a photo of a user’s personal items, false or misrepresented  descriptions or accounts of a claim or incident of loss (damage, theft or mysterious disappearance), a user’s place of  residence, identity, or origin, and false statements made about a user’s correspondence with any FIXXED company representative or the user’s interactions and material witnessed on the FIXXED website, or platform FIXXED imposes this cancellation fee penalty to dissuade fraudulent activity and keep a positive and safe community for members.  Such actions threatens the affordable rates other FIXXED members are able to pay for their Membership.   

7.3 Effect of Cancellation

Upon the effective date of your cancellation, FIXXED’s future obligations under this Membership to you are fully extinguished. 

1. MEMBER REPRESENTATIONS AND WARRANTIES

By joining the Membership, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these Terms and Conditions;
• You are not a minor in the jurisdiction in which you reside, or otherwise have parental or guardian permission to access the Membership;
• You will not access the Membership through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Membership for any illegal or unauthorized purpose;
• Your use of the Membership will not violate any applicable law or regulation.

1. MEMBER PROHIBITED ACTIVITIES

You may not access or use the Membership for any purpose other than that for which we make the Membership available. The Membership may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a Member, you agree not to:

• Systematically retrieve data or other content from our website or mobile application (the “Content”) to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Make any unauthorized use of our website or mobile application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Use your Membership or our website or mobile application to advertise or offer to sell goods and services;
• Circumvent, disable, or otherwise interfere with security-related features of our website or mobile application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our website or mobile application and/or the Content contained therein;
• Engage in unauthorized framing of or linking to our website or mobile application;
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• Make improper use of our support services or submit false reports of abuse or misconduct;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• Interfere with, disrupt, or create an undue burden on our website or mobile application or the networks or services connected to our website or mobile application;
• Attempt to impersonate another user or person or use the username of another user;
• Use any information obtained from your Membership or our website or mobile application in order to harass, abuse, or harm another person;
• Use your Membership or our website or mobile application as part of any effort to compete with us or otherwise use your Membership or our website or mobile application and/or the Content for any revenue-generating endeavor or commercial enterprise;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of  our website or mobile application;
• Attempt to bypass any measures of your Membership or our website or mobile application designed to prevent or restrict access to your Membership or our website or mobile application, or any portion of your Membership or our website or mobile application;
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of your Membership or our website or mobile application to you;
• Delete the copyright or other proprietary rights notice from any Content;
• Copy or adapt our website or mobile application software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our website or mobile application;
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses your Membership or our website or mobile application, or using or launching any unauthorized script or other software;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or your Membership or our website or mobile application;
• Use your Membership or our website or mobile application in a manner inconsistent with any applicable laws or regulations.

1. LIMITATION OF LIABILITY 

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE MEMBERSHIP, EVEN IF SUCH LOSSES WERE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the greater of (1) the total of any subscription or similar fees, if any, with respect to any service or feature of the Membership paid in the six months prior to the date of the initial claim made against us, or (2) US $500.00.

Some jurisdictions do not allow limitations of liability, so some or all of the foregoing limitations may not apply to you.

1. WARRANTY DISCLAIMER

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

1. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY.  IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION.  THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE IN DISCOVERY; AND (4) APPEAL RIGHTS WILL BE LIMITED.

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you and the Company agree that you and we will resolve any claim or controversy at law or equity that arises out of these Terms, the Website, or our products or services (a “Claim”) via binding arbitration.  The arbitration shall be administered by the San Francisco, California offices of JAMS and the arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS (“JAMS Rules”) that are in effect at the time the arbitration is initiated.  The JAMS Rules can be accessed at http://www.jamsadr.com/rules-streamlined-arbitration/.  In the event of a conflict between the terms set forth in this Section of the Agreement and the JAMS Rules, the terms in this Section of the Agreement will control.  The arbitrator must apply the same law and legal principles, consistent with the Federal Arbitration Act, which would apply in court, but may use different procedural rules. 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted exclusively in the state and federal courts located in Dallas County, TEXAS, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and inconvenient forum with respect to venue and jurisdiction in such state and federal courts.

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION.  ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER USER OR PERSON NOT ON YOUR ACCOUNT.

The party who wants to arbitrate must notify the other party in writing.  This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be mailed to FIXXED, PO Box 29331, Dallas, TX 75229.

1. GENERAL 

(a) FIXXED may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so. 

(b) FIXXED is not responsible for any failures or delays in performing under the Membership that are due to events outside FIXXED’s reasonable control. 

(c) You are not required to perform preventative maintenance on the Protected Equipment to receive service under the Membership. 

(d) This Membership is offered and valid only if you are a resident of the fifty states of the United States of America, the District of Columbia, any territories of the United States, and Canada and can verify your residence and location. Any person located outside these regions is not eligible to enroll. Persons who have not reached the age of majority may not purchase this Membership. This Membership may not be available in all jurisdictions, and is not available where prohibited by law.  

(e) In carrying out its obligations FIXXED may, solely for the purposes of monitoring the quality of FIXXED’s response, record part or all of the correspondence between you and FIXXED. 

(f) You agree that any information or data disclosed to FIXXED under this Membership is not confidential or proprietary to you.  Furthermore, you agree that FIXXED may collect and process data on your behalf when it provides service.  This may include transferring your data to affiliated companies or service providers located in countries where data protection laws may be less comprehensive than your country of residence, including but not limited to the United States. 

(g) FIXXED has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction.  You will be responsible for the instructions you give to FIXXED regarding the processing of data, and FIXXED will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Membership. If you do not agree with the above or if you have questions regarding how your data may be impacted by being processed in this way, contact FIXXED at the telephone numbers provided. 

(h) FIXXED will protect your information in accordance with Fixxed Privacy Policy available at URL:   

(i) The terms of the Membership, including the original proof of purchase of the Membership and the Membership Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and FIXXED’s entire understanding with respect to the Membership.  

 (n) Except where prohibited by law, the laws of the State of Texas govern your Membership.

1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our website or mobile application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

1. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on our website or provided to you constitute the entire agreement and understanding between you and us.  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship, or fiduciary relationship created between you and us as a result of these Terms or use of the service.  You agree that these Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

You accept that failure to have read or understood this Membership Agreement and other terms and conditions of protection, benefits, or use of FIXXED’s website, app or platform, do not constitute an acceptable excuse to obtain protection of benefits if you have not complied with all terms.