Terms and conditions

Terms of use

Effective date: January 27, 2022

We hope you love using Simply Fixable. We really do. This document contains important information that you need to consider before using Simply Fixable.

The following terms and conditions (the “Terms of Use” or the “Agreement”) constitute an agreement between you and Simply Fixable, Inc. (“Simply Fixable,” “we,” or “us”), the operator of www.simplyfixable.com and related websites, applications, services and mobile applications, and all associated services (collectively, the “Services”) provided by Simply Fixable and on/in which these Terms of Use are posted or referenced. For the purposes of these Terms of Use, the “Services” include, without limitation, scheduling pages maintained by Simply Fixable on behalf of third parties and appointment scheduling technology integrated into third party websites. This Agreement constitutes a contract between you and us that governs your access and use of the Services. What does that mean? It means that by accessing and/or using our Services, you agree to all the terms and conditions of this Agreement. If you do not agree, then you may not use the Services. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services; whether or not such a person registered for a Simply Fixable Account (as defined in Section 1).

If your use of the Services is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.

Simply Fixable’s collection and use of Personal Data in connection with the Services is described in Simply Fixable’s Privacy Policy (“Personal Data” as defined therein)

IMPORTANT: PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER IN SECTION 17.1 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND SIMPLY FIXABLE BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SIMPLY FIXABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST SIMPLY FIXABLE. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

We are constantly trying to improve our Services, so these Terms of Use may need to change along with our Services. We reserve the right to change the Terms of Use at any time, but if we do, we will place a notice on our site, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms of Use, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Use is effective, that means you agree to all of the changes.

Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute. Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless made in writing and signed by both you and us.

We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will Simply Fixable be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new features or services will be governed by this Agreement.

If you create a Simply Fixable Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual or entity).

1. ABOUT THE SERVICES

Subject to these Terms of Use, Simply Fixable grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. Portions of the Services can be viewed without a Simply Fixable Account. However, to benefit from all of the Services we offer, you must provide certain basic information about yourself. If you do provide us with any information, you authorize Simply Fixable to use and disclose it as described in our Privacy Policy.

While utilizing the Services, you may encounter certain Content that Simply Fixable makes available to you. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions or postings. You acknowledge that although some Content may be provided by device repair professionals, the provision of such Content does not create a device repair technician/customer relationship, and does not constitute an opinion, device repair advice, or diagnosis, but is provided to assist you in choosing a device repair stores, device accessories, device repair specialist, professional, provider, organization, or agent or affiliate thereof (collectively, “Device Repair Providers”) or otherwise be generally informative.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICES.

2. WE DO NOT PROVIDE A DEVICE REPAIR SERVICE OR ADVICE

Simply Fixable is not a device repair service provider. The Content that you obtain or receive from Simply Fixable, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational and scheduling purposes only. All device repair related information, including, without limitation, information shared via Simply Fixable Answers,, Simply Fixable Blog, Simply Fixable social channels, Simply Fixable emails and text messages, and Simply Fixable advertising is for informational and communicative purposes only.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR DEVICE REPAIR JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL DEVICE REPAIR ADVICE, DIAGNOSIS.

Simply Fixable is not a referral service and does not refer, recommend or endorse any particular Device Repair Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Device Repair Shops, Provider’s office, device repair associations relevant to the applicable specialty, your state appropriate licensing or certification authorities to verify listed credentials and education.

3. NO DEVICE REPAIR SHOP AND CUSTOMER RELATIONSHIP

CELLPHONE, TABLET, COMPUTER, SMART WATCH, GAME CONSOLES AND OTHER DEVICE REPAIR TECHNICIANS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR DEVICE REPAIR SERVICE. NO LICENSED DEVICE REPAIR PROFESSIONAL/CUSTOMER RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM SIMPLY FIXABLE INCLUDING, WITHOUT LIMITATION, THE “FIND A DEVICE REPAIR SHOP” FEATURE, SIMPLY FIXABLE ANSWERS, SIMPLY FIXABLE KNOWLEDGE BASE, SIMPLY FIXABLE BLOG, SIMPLY FIXABLE SOCIAL CHANNELS, SIMPLY FIXABLE EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE DEVICE REPAIR PROVIDER IN ANY FIELD.

Simply Fixable encourages device repair service to use the services responsibly, but we have no control over, and cannot guarantee the availability of, any device repair Provider at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT DEVICE REPAIR SERVICE PROVIDER RELATIONSHIPS AND DEVICE REPAIR SERVICE PROVIDER LISTS

In connection with using the Services to schedule appointments with Device repair providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN DEVICE REPAIR PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE DEVICE REPAIR SERVICE PROVIDER IS SUITABLE FOR YOUR DEVICE REPAIR NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

Simply Fixable or its designee takes certain limited steps to (a) verify that Device Repair Service Providers participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services,. Simply Fixable may also exclude device repair service providers from our Services who, in Simply Fixable’s discretion, have engaged in inappropriate or unprofessional conduct (including, but not limited to, conduct in violation of our Community Standards).

While all qualified providers are eligible to use our Services, Simply Fixable’s lists of Device Repair Service are not exhaustive. Device Repair Service choose whether to participate in the Services, what appointment availability, if any, to advertise on their Simply Fixable profiles, and may also choose to set a maximum amount that they want to spend on new service bookings received through Simply Fixable. This means that regardless of whether they participate in the Services, Device Repair Service may have additional availability beyond what’s listed through the Services if you contact them directly. Some Device Repair Services listed through the Services enter into contracts with us, and may pay us fees in order to be marketed through or to use the Services. If you book an appointment with a Device Repair Service Provider through the Services, Simply Fixable may receive a commission or fees.

To help you find Device Repair Service who may be suitable for your needs, and enable the maximum choice and diversity of Device Repair Service participating in the Services, we will provide you with lists and/or profiles of Device Repair Service. These results are based on information that you provide to us, such as device information, geographical location, and Device Repair Service Specialty and/or services they provide. They may also be based on other criteria (including, for example, Device Repair Service Provider availability, past selections by and/or ratings of Device Repair Service by you or by other Simply Fixable users, and past experience of Simply Fixable users with Device Repair Service). Please note that there may be other Device Repair Service who meet your search criteria but are not available through Simply Fixable.

Simply Fixable (a) does not employ, refer, recommend, or endorse any Device Repair Service, (b) does not make any representations or warranties with respect to these Device Repair Service or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Device Repair Service Provider provides about himself or herself is accurate or up-to-date, (d) is not responsible for making sure that Device Repair Service, services are actually provided or are up to a certain standard of quality, and (e) does not receive any additional fees from Device Repair Service for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below). We don’t control the actions of any Device Repair Service and Device Repair Service are not our employees. Note, however, to the extent that you use the Services as provided by your employer, Simply Fixable may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors. In addition, to the extent that Simply Fixable serves as a platform for, or provides technical support to, the provider directory associated with your coverage, Device Repair Service will appear in the directory based on criteria determined by your device repair service inquiry or as applicable.

We may show you advertisements or sponsored results (“Sponsored Results”) through the Services, including above or interspersed within the search results. Simply Fixable receives additional fees from Device Repair Service for including them in Sponsored Results, and such Sponsored Results are not, and should not be considered, an endorsement, referral or recommendation by Simply Fixable of the Device Repair Service Provider. Sponsored Results are conspicuously labeled as “Sponsored” or “Paid Ad” in the Services.

5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES

The Services are an informational and educational resource for consumers and Device Repair Service. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including Simply Fixable) involved in the preparation or publication of such works guarantees that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

Device Repair Service Provider Content:

Content related to Device Repair Service and their practices (“Device Repair Service Provider Content”) is intended for general reference purposes only. Device Repair Service Provider Content may be provided by the Device Repair Service Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Device Repair Service Provider. While we make efforts to confirm Device Repair Service Provider Content and keep it up to date, it can change frequently and may become out of date, incomplete or inaccurate at any time. Simply Fixable does not provide any advice or certification regarding the qualifications of any particular Device Repair Service Provider.

Procedures/Products/Services:

Procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, users or all device repair service providers. Any procedures, products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

6. YOUR RESPONSIBILITIES

6.1 Your Simply Fixable Account Credentials

When you create a Simply Fixable Account or schedule an appointment through the Simply Fixable platform, you will provide an email address, contact number or create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to contact@simplyfixable.com. You promise to provide us with accurate, complete, and updated registration information about yourself. You may also be able to connect to the Services maintained by a third party company, such as Facebook, Inc., Google LLC (“Google”) or Apple Inc. (“Apple”). If you connect to the Services through a third party service, you give us permission to access and use your information from such third party service as permitted by such third party service, and to store your log-in credentials for such third party service. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on such third party services. Simply Fixable has no control over, and assumes no responsibility for, the services, content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.

6.2 Your Responsibilities Generally

While it’s free to create a Simply Fixable Account, you are still responsible for your Device Repair Service expenses. Any charges for any service or related services rendered by Device Repair Service will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Simply Fixable is accurate and up-to-date, including your device issue information. Some Services may not be available through Simply Fixable or your Device Repair Service Provider depending upon a number of factors, including your device issue participation. Ultimately, you must resolve any dispute between you or any Device Repair Service Provider arising from any transaction hereunder directly with the Device Repair Service Provider.

You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Services for lawful, non-commercial purposes. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services (including, without limitation, Device Repair Service Provider Content, appointment availability, price information, and Insurance Content) for any purpose whatsoever.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use, our Acceptable Use Policy, and our Community Standards.

6.3 Responsibilities of Device Repair Service and Others in the Device Repair Service For Consumer Electronics Repair Industries

If you are a Device Repair Service Provider or other person or entity in the Device Repair Service For consumer electronics industries, regardless of whether you maintain a Simply Fixable Account or whether you schedule or intend to schedule appointments through the Services, you acknowledge and agree that:

(a) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a customer or prospective customer;

(b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation; and

(c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices (including but not limited to booking fraudulent Device Repair Service Appointments), or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

6.4 Disputes Between Users

If there is a dispute between participants on this site or Services, or between users and any third party (including but not limited to Device Repair Service), you agree that Simply Fixable is under no obligation to become involved. In the event that you have a dispute with one or more other users or Device Repair Service, you release Simply Fixable, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

7. Teleservices

You may be able to utilize certain teleservice services through the Services, including but not limited to via Simply Fixable’s video service (“Simply Fixable Video Service”). Simply Fixable is not a Device Repair Service Provider, insurance provider, or a device replacement part warehouse. In providing the Simply Fixable Video Service, Simply Fixable’s role is limited to making certain teleservice related information available to you and/or facilitating your access to teleservice services provided by Device Repair Service. Simply Fixable is not responsible for such Device Repair Service’ acts or omissions, or for any content of your communications with them. Simply Fixable is independent of the Device Repair Service, and does not employ or otherwise exercise any control over the services provided by Device Repair Service, regardless of whether they utilize the Simply Fixable Video Service.

8. THIRD PARTY LINKS AND SERVICES

8.1 Links to Other Websites

While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealing, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Simply Fixable will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

8.2 Third Party Software

We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.

9. PAYMENT AND TRANSACTION PROCESSING

9.1 Payment and Transaction Processing Generally

We do not require any upfront payment or fees for scheduled device repair service. You will directly pay the due amount for your device repair after the repair service is completed by the device repair service provider.

9.2 Designated Service Providers

Certain device repair service providers may provide through the services price information for their device repair services And related products and services (“Designated service providers”), and permit you to use the services to pay for such Designated service providers.

Prior to scheduling an appointment for a Designated service provider, please carefully review (a) the price information, and (b) all of the products and services that are included and excluded in each Designated Service Provider. Device Repair Services are required to provide the applicable Designated Service Provider at or below the price indicated at the time of scheduling (“Designated Price”), unless you separately agree otherwise. Services in addition to or different from Designated Service Providers may be available, offered or rendered by Device Repair Service. You and your Device Repair Service are responsible for agreeing to pricing for any additional or different services. SIMPLY FIXABLE IS NOT RESPONSIBLE FOR YOUR OR ANY DEVICE REPAIR SERVICE PROVIDER’S FAILURE TO AGREE TO PRICING FOR ANY ADDITIONAL OR DIFFERENT SERVICES.

10. REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT

You will have the opportunity to submit feedback regarding your experiences with Device Repair Service you find through the Services, to submit inquiries concerning possible repair needs, and to participate in the other interactive or community features of the Services (collectively, “Posted Information”).

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Posted Information that is also your personally-identifiable information.

By posting Posted Information through the Services, you agree to and hereby grant, and you represent and warrant that you have the right to grant, to Simply Fixable and its affiliates, agents, and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, incorporate into other works, and otherwise fully exploit such Posted Information. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You may not post Posted Information which is false or fraudulent, or which otherwise does not accurately represent your opinions and experiences.

You understand and agree that Simply Fixable, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Posted Information to conform and adapt that Posted Information to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Posted Information is the sole responsibility of the person from whom such Posted Information originated and does not reflect the opinion of Simply Fixable. Simply Fixable does not assume liability for Posted Information or for any claims, liabilities, or losses resulting from any Posted Information.

We also welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.

11. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Simply Fixable’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Simply Fixable nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by Simply Fixable to you are retained by Simply Fixable.

12. DISCLAIMER

We created Simply Fixable to improve consumers' Device Repair Service experiences, and we want your experience with Simply Fixable to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) what effect the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for your use or inability to use any Content. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Simply Fixable and all such parties together, the “Simply Fixable Parties”) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, and the Simply Fixable Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship with or fiduciary duty to you.

WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SIMPLY FIXABLE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. SIMPLY FIXABLE DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

13. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR SIMPLY FIXABLE ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN A SIMPLY FIXABLE ACCOUNT FOR USE OF THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES, IF ANY, REMITTED TO AND RETAINED BY SIMPLY FIXABLE FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SIMPLY FIXABLE PARTIES BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. TERMINATION

If you’re not using the Services in accordance with this Agreement, we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your Simply Fixable Account immediately, without notice, if there has been a violation of this Agreement, or other policies and terms posted through the Services by you or by someone using your Credentials without authorization. We may also terminate, suspend or deactivate your Simply Fixable Account for any other reason, including inactivity for an extended period. Simply Fixable shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Services. Further, you agree not to attempt to use the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another Simply Fixable Account). Account termination may result in destruction of any content associated with your Simply Fixable Account.

Simply Fixable reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use, including without limitation, removing any offending communication from the Services, terminating the Simply Fixable Account of such violators, and or blocking your use of the Services.

15. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless the Simply Fixable Parties from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; or (b) the violation of this Agreement (including without limitation these Terms of Use, the Acceptable Use Policy, and Community Standards); or (c) the violation of any intellectual property or other right of any person or entity; or (d) by any person using your Credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

16. ARBITRATION AGREEMENT

We hope that we can work out any disagreements you might have with Simply Fixable. But if there is a dispute that needs to be further resolved, that process will take place according to this section. Please read the following ARBITRATION AGREEMENT carefully, because it requires you to arbitrate certain disputes and claims with Simply Fixable and limits the manner in which you can seek relief from Simply Fixable. Both you and Simply Fixable acknowledge and agree that for the purpose of any dispute arising out of relating to the subject matter of these Terms of Use, Simply Fixable’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary hereof.

16.1 Arbitration Rules; Applicability of Arbitration Agreement

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

16.2 Cost of Arbitration

The Rules will govern payment of all arbitration fees. Simply Fixable will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Simply Fixable will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

16.3 Small Claims Court; Infringement

Either you or Simply Fixable may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

16.4 Waiver of Jury Trial

YOU AND SIMPLY FIXABLE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Simply Fixable are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Simply Fixable over whether to vacate or enforce an arbitration award, YOU AND SIMPLY FIXABLE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

16.5 Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Simply Fixable is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

16.6 Opt-out

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Simply Fixable, Attn: Legal, 425 Madison ave, 14th Floor, New York, NY 10017, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

16.7 Exclusive Venue

If you send the opt-out notice in Section 17.6, and/or in any circumstances where the foregoing arbitration agreement permits either you or Simply Fixable to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Simply Fixable agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.

16.8 Severability

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Simply Fixable.

17. MISCELLANEOUS

17.1 Electronic Contracting; Copyright Dispute

Your affirmative act of using the Services and/or creating a Simply Fixable Account constitutes your electronic signature to this Agreement, which includes our Privacy Policy. This Agreement and any other documents to be delivered in connection with the Services may be electronically signed, and any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

17.2 SMS/Text & Email Communications

By voluntarily providing your cell phone number & email address to Simply Fixable, you agree that Simply Fixable or any of our partner repair shop owners, technicians or sales representatives may contact you by telephone, SMS, or MMS messages to send you information that we think may be of interest to you at that phone number or email to your email address..

You hereby consent to receiving such communications for transactional, operational, or informational purposes, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Simply Fixable. You agree to indemnify and hold Simply Fixable harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You can opt out of receiving text messages at any time by adjusting your notification settings in your account or otherwise following the given instructions for doing so. Note that opting out of receiving all texts may impact your use of the Services.

If you change or deactivate the phone number you provided to Simply Fixable, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive Simply Fixable’s standard SMS messages unless you also unsubscribe via the above procedures.

17.3 Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

17.4 Severability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.

17.5 Governing Law; Language

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. This Agreement and all documents referenced herein were drafted in the English language and any translations thereof shall not be binding on either party to the extent they conflict with the English versions.

17.6 Entire Agreement; Waiver

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

17.7 Headings

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

18.8 Assignment

We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

18.9 Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create a Simply Fixable Account or use the Services on your own. Those under the age of 13 may not use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

If you do not qualify under these Terms of Use, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Services are administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services.