Terms of Service
Last updated October 11, 2023We are Fix My Fees LLC ("Company," "we," "us," "our"), a company registered in the United States.
We operate http://www.fixmyfees.com, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Fix My Fees LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- MOBILE APPLICATION LICENSE
- SOCIAL MEDIA
- THIRD-PARTY WEBSITES AND CONTENT
- SERVICES MANAGEMENT
- PRIVACY POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
1. AGREEMENT TO TERMS
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Fix My Fees LLC, governing your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Legal Terms.
If you are accessing or using the Services on behalf of a business or entity, you represent that you have authority to bind that business or entity to these Legal Terms.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Services are our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights.
The Content and the Marks are provided on the Services "AS IS" for your personal, non-commercial use or internal business purpose only. Except as expressly provided in these Legal Terms, no part of the Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
3. USER REPRESENTATIONS
By using the Services, 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 it as necessary;
- You have the legal capacity and you agree to comply with these Legal Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Services through automated or non-human means (except as allowed by us in writing);
- You will not use the Services for any illegal or unauthorized purpose; and
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create a collection without our permission;
- Trick, defraud, or mislead us or other users;
- Circumvent, disable, or otherwise interfere with security-related features;
- Disparage, tarnish, or otherwise harm us or the Services;
- Use information obtained from the Services to harass, abuse, or harm another person;
- Make improper use of our support services or submit false reports;
- Engage in unauthorized framing of or linking to the Services;
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services;
- Engage in automated use of the system, such as using scripts to send comments or messages;
- Delete the copyright or other proprietary rights notice from any Content;
- Harass, annoy, intimidate, or threaten our employees or agents;
- Attempt to bypass any measures of the Services designed to prevent or restrict access;
- Copy or adapt the Services' software except as permitted by applicable law;
- Decipher, decompile, disassemble, or reverse engineer any of the software;
- Use the Services in a manner inconsistent with applicable laws or regulations.
6. USER GENERATED CONTRIBUTIONS
The Services may provide you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. Any Contribution you transmit may be treated as non-confidential and non-proprietary.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
8. MOBILE APPLICATION LICENSE
If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless electronic devices owned or controlled by you, and to access the application on such devices strictly in accordance with these Legal Terms.
You shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the application; or (iv) remove, alter, or obscure any proprietary notice.
Apple and Android Devices. The following terms apply when you use a mobile application obtained from the Apple Store or Google Play Store: Your use of the application must comply with the third party's terms of service. We are responsible for providing maintenance and support only as required under applicable law.
9. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: providing your Third-Party Account login information through the Services; or allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach of the terms and conditions that govern your use of the applicable Third-Party Account. Depending on the Third-Party Accounts you choose and subject to privacy settings on such accounts, personally identifiable information that you post may be available on and through your account on the Services.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content belonging to or originating from third parties ("Third-Party Content"). We do not investigate, monitor, or check Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) refuse, restrict access to, limit availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or burdensome; and (5) manage the Services in a manner designed to protect our rights and property and to facilitate proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, then through your continued use of the Services you are transferring your data to the United States, and you consent to that transfer.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
15. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within Delaware, without regard to its conflict of law principles.
16. DISPUTE RESOLUTION
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms ("Dispute") brought by either you or us, the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration or litigation.
Binding Arbitration. If a party is unable to resolve a Dispute through informal negotiations, either party may elect to finally and exclusively resolve the Dispute through binding arbitration administered in accordance with commercial arbitration rules in effect at the time. The arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction.
Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in state or federal court to protect intellectual property rights pending completion of arbitration.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Fix My Fees LLC
16192 Coastal Highway, Lewes, DC 19958, United States
18. DISCLAIMER
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any personal information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like transmitted by any third party, and/or (6) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
19. LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, 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 Services, even if we have been advised of the possibility of such damages.
20. 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) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (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 Services with whom you connected via the Services.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, satisfy any legal requirement that such communication be in writing. You 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 Services.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Fix My Fees LLC
Email: sales@fixmyfees.com