Terms & Conditions
These Terms & Conditions may change. We may amend these Terms & Conditions and modify or cancel the Website, Text Program, or Call Program or any of their features without notice.
Access to the Website and the content and functionality contained therein is granted to you solely for the purpose of supplying information concerning Fix2Sell products and services and for such other purposes as may be specified by Fix2Sell on the Website. Fix2Sell reserves the right in its sole discretion to terminate or limit your access to the Website and any associated content and functionality at any time, with or without notice. Without limitation of any express limitation or restriction contained in these Terms & Conditions, you may not use the Website or any content or functionality contained therein (a) for any purpose that is unlawful, unethical or otherwise improper; or (b) in any manner that could damage or impair the functioning of any Fix2Sell server or the network connected to any Fix2Sell server or otherwise interfere with the intended functioning of the Website, including without limitation via data mining, the use of any robot, spider or other automated device. You may not attempt to bypass or disable any Website, server or network security features, and any attempt to do so will result in immediate termination of your access to the Website and may result in Fix2Sell seeking civil and/or criminal sanctions.
Use of Website Content and Functionality
Fix2Sell hereby authorizes you to make a single tangible copy of any content displayed on the Website solely for your own use in evaluating Fix2Sell services and/or products and provided that (a) you clearly mark such copy “Copyright © Fix2Sell All rights reserved.”; (b) you use such copy only for informational and non-commercial purposes; (c) you do not post or distribute the copy in any manner or through any medium; and (d) you do not make or cause to be made any modifications to such copy. No other permission is granted to you to copy, reproduce, distribute, transmit, perform, publicly display or otherwise use any content contained on the Website. Use for any other purpose is expressly prohibited by law, and may be subject to civil and criminal penalties. Fix2Sell may in its sole discretion make available through the Website certain email functionality, forums, blogs, bulletin board services, and/or other message or communication facilities designed to permit you to communicate with others regarding Fix2Sell products and services. You agree to use such functionality only for proper and lawful purposes and in accordance with any rules specified by Fix2Sell. Without limitation of the foregoing, you agree that you will not use or permit others to use such functionality and/or the Website (a) to defame, abuse, harass, threaten or violate the rights of an third party; (b) in connection with unsolicited e-mailing, spamming, chain letters, contests or surveys; (c) to publish or otherwise distribute any inappropriate, profane, defamatory, obscene, pornographic, racist, harassing, unlawful, or otherwise objectionable material; (d) to interfere with any other user’s use or enjoyment of the Website or of any Fix2Sell products or services; (e) to distribute material covered by or containing intellectual property rights of any third party, unless you have obtained all necessary consents and permissions from such third party for such distribution; (f) to advertise or offer to sell or buy any goods or services or for any other commercial purpose; (g) to collect information about any third party, including email and I.P. addresses; or (h) in violation of any applicable laws, rules or regulations or for any improper or malicious purpose.
No Editorial Obligation
Fix2Sell expressly disclaims any obligation to monitor the Website or any services associated therewith. However, Fix2Sell reserves the right to review any materials posted to the Website and the Communication Services and to remove and/or edit any such materials in its sole discretion and without notice. Fix2Sell reserves the right at all times to disclose such information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Ownership and Trademarks
All copyrights and other intellectual property rights in the Website, including without limitation all software and content included in the Website, are owned by Fix2Sell (“Fix2Sell”), its affiliates and its licensors. Fix2Sell (TM), the Fix2Sell logo, and any other marks used on the Website are trademarks of Fix2Sell or their respective owners. Such marks may not be used without the prior written consent of Fix2Sell or their respective owners, as applicable. Any use of such marks, or any others displayed on the Website and any goodwill resulting from such use, will inure solely to the benefit of their respective owners.
Call Program Basics and Fees
Fix2Sell does not charge for the Call Program, but you are responsible for all charges and fees associated with calls placed by Fix2Sell (or its vendors) to the phone number you provided, including those that may be imposed by your mobile operator. Standard rates may apply. Calls placed by Fix2Sell (or its vendors) to the phone number you provided may be placed using an automatic telephone dialing system or artificial or prerecorded voice messages. Your consent to receive telephone calls is not required as a condition of purchasing any goods or services from Fix2Sell.
Opt-In to Call Program
If you would like to participate in the Call Program, then you must opt-in to receive telephone calls when you register with Fix2Sell or submit an inquiry. If you have opted-in to the Call Program, Fix2Sell may call you to provide information, specials, announcements related to its services, promotions, and marketing messages or offers to the mobile or landline phone number that have provided. Please be advised that if you opt-in to the Call Program you consent that Fix2Sell can call you even if your number is listed on the National Do-Not-Call Registry or a similar state do-not-call registry. You can also expect to receive recurring autodialed marketing messages from Fix2Sell about its services.
Call Program Requirements
You must be the phone account holder and at least 18 years of age or have a parent or guardian’s permission in order to participate.
Call Program Cancellation or Help
At any time, you may stop receiving telephone calls from Fix2Sell by emailing email@example.com or calling (763) 324-9364 and providing the following information: 1) your name; 2) the telephone number for which you wish calls to stop; 3) a clear and concise statement that you wish telephone numbers to that number to stop. You can also obtain help from Fix2Sell related to its call program by emailing firstname.lastname@example.org or calling (763) 324-9364.
Text Program Basics and Fees
Fix2Sell does not charge for the Text Program, but you are responsible for all charges and fees associated with text messaging that may be imposed by your mobile operator. Standard message and data rates may apply. Text messages may be sent using an automatic telephone dialing system and using short message service (SMS) or multi-media messaging service (MMS) technology. Your consent to receive text messages is not required as a condition of purchasing any goods or services from Fix2Sell.
Opt-In to Text Program
If you would like to participate in the Text Program, then you must opt-in to receive text messages. You may need to confirm your consent, such as by following the instructions contained in an initial text message we send. If you have opted-in to the Text Program, Fix2Sell may provide alerts, information, specials, announcements related to its services, promotions, and marketing messages or offers through your wireless provider to the mobile phone number you provided. You can also expect to receive recurring autodialed marketing messages from Fix2Sell.
You must be the mobile phone account holder and at least 18 years of age or have a parent or guardian’s permission in order to participate.
At any time, you may stop receiving our texts by replying “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” to a text message from Fix2Sell. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages. For help, email email@example.com or call (763) 324-9364.
At any time, you may receive support regarding the Text Program by replying “HELP” to a text message from Fix2Sell. Please note that replying “HELP” will not opt you out of the Text Program. You may stop receiving our texts as described above.
Valid Mobile Phone Number
You must provide us with a valid mobile phone number. If you change your mobile phone number, you agree to opt out of the Text Program prior to changing your mobile phone number.
Your Acceptance of These Terms
By accessing or using the Fix2Sell Website, the Call Program, the Text Program, or any of the services available thereon (including registration, inquiries, or consenting to receive calls and/or texts from Fix2Sell), you are agreeing to comply with and be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you may not access or use the Website or any of the services available thereon and you should not opt-in to receive calls or texts from Fix2Sell.
Arbitration Agreement with Class Action Waiver
Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between you and Fix2Sell (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
Waiver of Class Actions. You and Fix2Sell each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
Small Claims Not Subject to Arbitration. Either party may bring individual Claims in small claims court.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
Arbitration Provider. Each party will initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case.
Arbitration Rules. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
Arbitration Location. If an in-person hearing is required, then it will take place in Minneapolis, MN.
Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
You agree to indemnify, defend, and hold Fix2Sell and its respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of harmless from any third-party claims, liability, damages or costs arising from your use of the Website, Text Program or Call Program or from you providing us with a mobile or landline telephone number that is not your own.
Limitation on Liability
IN ADDITION TO ANY LIMITATIONS ON OUR LIABILITY AS SET FORTH IN THE TERMS & CONDITIONS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, FIX2SELL IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE WEBSITE, TEXT PROGRAM, OR CALL PROGRAM, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION THROUGH THE WEBSITE, TEXT PROGRAM, OR CALL PROGRAM.
Effective Date: 11/30/2020