Terms of Use
ACCEPTANCE OF THESE TERMS
This Terms of Use Agreement (“Terms govern your access to, use of, and
participation in the Platform made available by 411FIX. (“411FIX,” “we,”
“our,” or “us”) or through 411FIX and the entirety of your relationship with 411FIX. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. AS DETAILED IN THE ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM SECTION BELOW, IF YOU ARE A SERVICE MEMBER, YOU UNDERSTAND AND AGREE THAT 411FIX USES YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS FROM ITS VENDORS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
MODIFICATIONS
411FIX reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. 411FIX will notify you of changes by posting on the 411FIX Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Platform or a message is sent to you, or you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
ADDITIONAL TERMS AND POLICIES
Please review 411FIX’s Privacy Policy, incorporated herein by reference, for
information and notices concerning 411FIX’s collection and use of your
information. The provision and delivery of text messages by 411FIX or our text message service providers is governed by our SMS Terms and Conditions,
which are expressly incorporated herein. Please review the full set of
key 411FIX. policies that govern your use of the Platform and our interactions
with you and third parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.
KEY TERMS
“Collective Content” means User Content and 411FIX Content together.
“Content” means text, graphics, images, music, software, audio, video,
information or other materials, including but not limited to profile information,
Service Requests, quotes, message threads, reviews, scheduling and calendar
information, and other information or materials available on or through the
Platform.
“Customer Member” means a person who is registered to create Service
Requests, submits a Service Request and receives quotes form Service
Providers through 411FIX, or otherwise uses the Platform to receive, review, or
facilitate the receipt of quotes or services from Service Providers for the
execution of Service Requests.
“Platform” means all 411FIX websites, mobile or other applications, software,
processes and any other services provided by or through 411FIX.
“Service Request” means any services described, sought, requested or
scheduled by the Customer Member through the Platform.
“Professional Service” means any service described, offered, quoted, executed
or provided by a Service Provider through the Platform.
“Service Provider” means a company who is registered to respond to Service
Requests with messages and quotes, submit quotes to Customer Members, or
otherwise uses the Platform to offer, provide, or facilitate Professional Services
for the execution of the Service Request.
“411FIX Content” means all Content 411FIX makes available on or through the
Platform, including any Content licensed from a third party, but excluding User
Content.
“User Content” means all Content submitted, posted, uploaded, published, or
transmitted on or through the Platform by any Service Provider or Customer
Member user of the Platform, including but not limited to photographs, profile
information, descriptions, postings, reviews, and payments made through the
Platform, but excluding 411FIX Content and Feedback.
ELIGIBILITY, SERVICE PROVIDER REPRESENTATIONS,
WARRANTIES, AND USE OF THE PLATFORM
Access to and use of the Platform is available only to individuals who are at least
18 years old and can form legally binding contracts under applicable law. By
accessing or using the Platform, you represent and warrant that you are eligible.
By registering or using the Platform to submit quotes to Service Requests or
provide services to facilitate the execution of Service Requests, Service
Providers represent and warrant that they, and the employees, agents,
contractors, and subcontractors who may perform work for them, are properly
and fully qualified and experienced, and licensed, certified, bonded, and insured,
as required by applicable laws or regulations to which they may be subject in the
jurisdiction(s) in which they offer their services and in relation to the specific job
they are performing.
411FIX is not in the business of providing Professional Services. Service
Providers understand and agree that by creating and maintaining an account on
the Platform, they receive only the ability to use the 411FIX Platform to access
persons interested in receiving Professional Services and related tools, including
but not limited to the ability to message Customer Members or schedule
appointments, that facilitate the execution of Professional Services. Service
Providers understand and agree that using the Platform does not guarantee that
any 411FIX users will engage them for Professional Services.
Service Providers understand and agree that they are customers of 411FIX, and
are not 411FIX employees, joint venturers, partners, or agents. Service
Providers acknowledge that they set or confirm their own prices, provide their
own equipment, and determine their own work schedule. 411FIX does not
control, and has no right to control, the Services a Service Provider provides
(including how the Service Provider provides such Services) if the Service
Provider is engaged by a Customer Member, except as specifically noted herein.
411FIX, as permitted by applicable laws, obtains reports based on publicly
available information regarding Service Providers, which may include history of
criminal convictions or sex offender registration, and we may limit, block,
suspend, deactivate, or cancel a Service Provider’s account based on the results
of such a check. As a Service Provider, you agree and authorize us to use your
personal information, such as your full name and date of birth, to obtain such
reports.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
To access and participate on the Platform, you will need to create a password-
protected account (“Account”). You may register for an Account using your
existing Facebook or Google account and log-in credentials (your “Third-Party
Site Password”). You agree to provide accurate, current, and complete
information during the registration or request submission process and at all other
times when you use the Platform, and to update information to keep it accurate,
current, and complete. You are solely responsible for safeguarding your 411FIX
password and, if applicable, your Third-Party Site Password. You are solely
responsible for all activity that occurs on your Account, and you will notify Quote
It immediately of any unauthorized use. 411FIX is not liable for any losses by
any party caused by an unauthorized use of your Account. Notwithstanding the
foregoing, you may be liable for the losses of 411FIX or others due to such
unauthorized use.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, 411FIX grants you a limited, non-
exclusive, revocable, nontransferable, and non-sublicensable license to
reproduce and display Collective Content (excluding any software source code)
solely for your personal and non-commercial use and only in connection with
your access to and participation in the Platform. You will not use, copy, adapt,
modify, prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit
the Platform or Collective Content, except as expressly permitted in these Terms.
The Platform and Collective Content are provided to you AS IS. If you download
or print a copy of Collective Content for personal use, you must retain all
copyright and other proprietary notices contained thereon. No licenses or rights
are granted to you by implication or otherwise under any intellectual property
rights owned or controlled by 411FIX or its licensors, except for the licenses and
rights expressly granted in these Terms.
USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or
transmit User Content. By making available any User Content on or through the
Platform, you hereby grant to 411FIX a worldwide, irrevocable, perpetual, non-
exclusive, transferable, royalty-free license, with the right to sublicense, to use,
copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast, access, view, and otherwise exploit such
User Content on, through, by means of or to promote, market or advertise the
Platform, or for any other purpose in our sole discretion, except that private
messaging through the Platform will not be used by 411FIX in public advertising.
In the interest of clarity, the license granted to 411FIX shall survive termination
of the Platform or your Account. 411FIX does not claim ownership rights in your
User Content and nothing in these Terms will be deemed to restrict rights that
you may have to use and exploit any such User Content submitted, posted,
uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content
that you make available on or through the Platform. Accordingly, you represent
and warrant that: (a) you either are the sole and exclusive owner of all User
Content that you make available on or through the Platform or you have all rights,
licenses, consents and releases that are necessary to grant to 411FIX the rights
in such User Content, as contemplated under these Terms; and (b) neither the
User Content nor your posting, uploading, publication, submission or transmittal
of the User Content or 411FIX use of your User Content (or any portion
thereof) on, through or by means of the Platform will infringe, misappropriate or
violate a third party’s patent, copyright, trademark, trade secret, moral rights or
other proprietary or intellectual property rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation. You agree that 411FIX may proofread, summarize or otherwise edit and/or withdraw your User Content,
and you understand it remains your sole responsibility to monitor your User
Content and ensure that such edited Content is accurate and consistent with
your representations and warranties in these Terms.
411FIX reserves the right, at any time and without prior notice, to remove or
disable access to User Content that we, in our sole discretion, consider to be
objectionable for any reason, in violation of these Terms or otherwise harmful to
the Platform or users, or for any other reason.
SERVICE PROVIDER BADGES
411FIX does not verify nor guarantee the information provided regarding badges
by service providers as true, relevant, valid, pertinent or otherwise reliable. Clients
are responsible confirming the service providers insurance and certificates as
needed or required prior to hiring. Badges are just to help the cosmetic look of
service provider profiles.
PROHIBITIONS
As a user of the Platform, you may not:
Use another person’s Account, misrepresent yourself or Services offered
through the Platform, misrepresent your identity or qualifications,
misrepresent a project or other information in a quote request, or post
Content in any inappropriate category or areas on the Platform;
Use any automated system including but not limited to robots, spiders, offline
readers, scrapers to access the Platform for any purpose without 411FIX ‘s
prior written approval; provided, however, that the operators of public search
engines may use spiders or robots to copy materials from the Platform for the
sole purpose of creating publicly available searchable indices of the materials,
but not caches or archives of such material (411FIX reserves the right to
revoke these exceptions either generally or in specific cases);
In any manual or automated manner copy copyrighted text, or otherwise
misuse or misappropriate Platform information or Content including but not
limited to, use on a mirrored, competitive, or third-party site;
Transmit more request messages through the Platform in each period of
time than a human can reasonably produce in the same period by using a
conventional online web browser;
Take any action that (a) may unreasonably encumber the Platform’s
infrastructure; (b) interferes or attempts to interfere with the proper working of
the Platform or any third-party participation; (c) bypasses measures that are
used to prevent or restrict access to the Platform; (d) circumvents, disables or
otherwise interferes with security features of the Platform; (e) distributes
viruses or any other technologies that may harm 411FIX or users; (f) uses
the Platform in a way that violates any copyrights, trade secrets, or other
rights of any third party, including privacy or publicity rights; or (g) circumvents
or manipulates Fee (defined herein) structure, billing, or Fees owed;
As a Service Provider, use the Platform in any manner that circumvents your
obligation to pay 411FIX for access to services provided by the Platform;
Collect, harvest or publish any personally identifiable data including but not
limited to names or other account information, from the Platform, or use the
communication systems provided by the Platform for any reason not explicitly
authorized by these Terms, including commercial solicitation purposes;
Recruit, solicit, or contact in any form Service Providers or Customer
Members for employment or any other use not specifically intended by the
Platform;
Take any inappropriate or unlawful actions, including the submission of
inappropriate or unlawful Content to or through the Platform, including
Content that is harassing, hateful, illegal, profane, obscene, defamatory,
threatening, or discriminatory (see non-discrimination policy) or that advocates, promotes, or encourages
inappropriate activity, conduct that would be considered a criminal offense, or
conduct that would give rise to civil liability or violate any law;
Violate any key 411FIX policies that govern your use of the Platform and our
interactions with you and third parties;
Advertise or solicit a Service not related to or appropriate for the Platform
including, but not limited to any Professional Service that (a) is not in
supported categories or provides only products; (b) provides directories or
referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such
as a party or professional convention); (f) competes with the business of
411FIX; (g) is based outside the Canada; (h) promotes or offers Ponzi
schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing
or unsolicited commercial content, discount cards, credit counseling, online
surveys or contests, raffles, prizes, bonuses, games of chance or giveaways;
or (i) provides non-local content.
Submit User Content that damages the experience of any user including but
not limited to (a) requests to download non-411FIX mobile applications
and/or links that direct the user to mirrored websites where the user must
enter information that is redundant with what has already been entered on
411FIX, (b) offers to purchase a Professional Service or any other service
outside of 411FIX, or (c) using a profile page or user name to promote
services not offered on or through the Platform;
Take any action that may undermine the efficacy or accuracy of reviews or
ratings systems;
Fail to perform Professional Services purchased from you as promised,
unless the Customer Member fails to materially meet the terms of the
mutually agreed-upon agreement of the Service Request or refuses to pay, or
a clear typographical error is made, or you cannot authenticate the Customer
Member’s identity;
Engage in fraudulent conduct including but not limited to offering to make
money transfers with intent to request a refund of any portion of the payment
or soliciting users to mail cash or use other payment methods prohibited by
411FIX;
Negotiate a price with, use, or otherwise solicit a Service Provider with no
intention of following through with your use of or payment for the Professional
Service;
Agree to purchase a Professional Service when you do not meet a Service
Provider’s requirements;
Undertake any activity or engage in any conduct that is inconsistent with the
business or purpose of the Platform; and
Attempt to indirectly undertake any of the foregoing.
NUDITY AND OBJECTIONABLE MATERIAL
You acknowledge and agree that the Platform must remain a safe site for
families with children, so you agree not to, and we strictly prohibit, the uploading
and display of any User Content portraying explicit nudity, adult content, or that is
unacceptable for viewing by minors or objectionable, in our sole discretion. For
example, but without limitation, prohibited User Content would include material
that would be unacceptable in a public museum where minors visit, or User
Content that would only be appropriate for adult sites, adult magazines, or R-
rated movies. You acknowledge and agree that the sole discretion of whether
User Content is suitable belongs to us, and we reserve the right (but have no
obligation) to (a) delete any User Content we deem to violate this Agreement or,
or (b) to cancel the User Account from which such User Content made available
on the Service.
COLLECT PAYMENT WHEN JOB IS COMPLETED
411FIX does not collect any money from customers members for jobs posted.
All service providers are responsible for collecting their quoted amount and
any additional taxes required by the jurisdiction they are operating in once
the job is completed from the customer member directly. 411FIX only collects
fees for leads and jobs awarded.
411FIX FEES
In connection with the use of 411FIX’s Platform, 411FIX charges Service
Providers certain Fees (“Lead Fee” or “Fees”). Current Fees include but not
limited to; “Job Award Fee” of 5% of the total amount quoted on the Service
Request only when the Service Provider’s quote is accepted by the Customer
Member and “In Person Quote Fee” of $5-$20 depending on category, when a
Customer Member accepts a service providers request to come see the job.
Fees for additional products or services, including ongoing products or services,
will be provided to you before you use such products or services.
411FIX may also charge penalty Fees for fraud, misconduct or other violations
of these Terms, as determined in our sole discretion. Information about current
penalty Fees is available in the policy or support center.
You agree to pay these Fees. Information about current penalty Fees is available
in the policy or support center. You agree to pay all applicable Fees or charges
based on the Fee and billing terms then in effect, regardless of whether you have
an active Account. Charges shall be made to your credit card, PayPal or other
payment method designated at the time you make a purchase or register for a
service. If you do not pay on time or if 411FIX cannot charge a credit card,
PayPal or other payment method for any reason, 411FIX reserves all rights
permissible under law to recover payment and all costs and expenses incurred,
including reasonable attorneys’ fees, in our pursuit of payment. You explicitly
agree that all communication in relation to delinquent accounts or Fees due will
be made by electronic mail or by phone. Such communication may be made by
411FIX or by anyone on its behalf, including but not limited to a third-party
collection agent. If you cancel your Account at any time, you will not receive any
refund. If you have a balance due on any Account, you agree that 411FIX may
charge such unpaid Fees to your credit card or otherwise bill you for such unpaid
Fees.
TAXES
You understand and agree that you are solely responsible for determining
your own tax reporting and sales tax collection requirements in consultation with
tax advisers, and that we cannot and do not offer specific tax advice to either
Service Providers or Customer Members. All sales on 411FIX are final and non-
refundable, except as otherwise specified herein.
All cancellation and refund requests will be subject to 411FIX’s review and
absolute discretion. We will normally process your valid written request within
thirty (30) days of receiving it, unless a shorter period is required by law. You
may request a cancellation or refund by emailing your request to 411FIX
support at info@411fix.com. If you cancel your Account at any time, you will
not receive any refund.
DISPUTES BETWEEN OR AMONG USERS
411FIX values our Service Providers and Customer Members, and we
understand that occasionally disputes may arise between or among them. Our
goal is to provide tools to help users resolve such disputes independently. In the
rare event a dispute initiated by either a Service Provider or a Customer Member
cannot be resolved independently, you agree, at 411FIX ‘s request, to participate
with good faith, to the extent you are reasonably able to do so, in a neutral
resolution, mediation, or arbitration process conducted by 411FIX or a neutral
third-party mediator or arbitrator selected by 411FIX. Notwithstanding the
foregoing, you acknowledge and agree that 411FIX is under no obligation to
become involved in or impose resolution in any dispute between or among users
or any third party.
INTELLECTUAL PROPERTY RIGHTS
411FIX Content is protected by copyright, trademark, and other laws of Canada,
foreign countries, and international conventions. Except as expressly provided in
these Terms, 411FIX and its licensors exclusively own all right, title, and interest
in and to the Platform and 411FIX Content, including all associated intellectual
property rights. All trademarks, service marks, logos, trade names and any other
proprietary designations of 411FIX used herein are trademarks or registered
trademarks of 411FIX. Any other trademarks, service marks, logos, trade names
and any other proprietary designations are the trademarks or registered
trademarks of their respective owners.
FEEDBACK
By sending us any feedback, comments, questions, or suggestions concerning
411FIX or our services, including the Platform (collectively, “Feedback”) you
represent and warrant (a) that you have the right to disclose the Feedback, (b)
that the Feedback does not violate the rights of any other person or entity, and
(c) that your Feedback does not contain the confidential or proprietary
information of any third party or parties. By sending us any Feedback, you further
(i) agree that we are under no obligation of confidentiality, express or implied,
with respect to the Feedback, (ii) acknowledge that we may have something
similar to the Feedback already under consideration or in development, (iii) grant
us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to
use, modify, prepare derivative works, publish, distribute and sublicense the
Feedback, and (iv) irrevocably waive, and cause to be waived, against 411FIX and its users any claims and assertions of any moral rights contained in such
Feedback. This Feedback section shall survive any termination of your Account
or the Platform.
COPYRIGHT POLICY
We expect users to respect copyright law. In appropriate circumstances we will
terminate the Account of any user who repeatedly infringes or is believed to be
repeatedly infringing the rights of copyright holders. Please see our Copyright &
DMCA Policy for more information.
NO ENDORSEMENT
411FIX does not endorse any Customer Member, user or any Service Provider,
and 411FIX is not a party to any agreements between or among users,
Customer Members, Service Providers or third parties. No agency, partnership,
joint venture, or employment is created as a result of the Terms or any user’s,
Customer Member’s or Service Provider’s use of any part of the Platform,
including but not limited to any scheduling or other services. Neither 411FIX nor
any Service Providers, Customer Members or users of the Platform may direct or
control the day-to- day activities of the other or create or assume any obligation
on behalf of the other. Members are required by these Terms to provide accurate
information, and although 411FIX may undertake additional checks and
processes designed to help verify or check the identities or backgrounds of
users, we do not make any representations about, confirm, or endorse any user
or their purported identity or background, regardless of the specific 411FIX
services they are using or any involvement by 411FIX personnel in providing or
scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some
manner, or “badged,” “best of,” “top,” “background checked” or “gold,” “silver,” or
“bronze” (or similar language) designations indicates only that the user has
completed a relevant account process or met user review standards, and does
not represent anything else. Any such description is not an endorsement,
certification or guarantee by 411FIX and is not verification of their identity and
whether they or their Professional Services are licensed, insured, trustworthy,
safe or suitable. Instead, any such description is intended to be useful
information for you to evaluate when you make your own decisions about the
identity and suitability of others whom you contact or interact with via the
Platform. You should always exercise responsibility, due diligence and care when
deciding whether to have any interaction with any other user. 411FIX is not
responsible for any damage or harm resulting from your interactions with other
users.
The Collective Content may contain links to third-party websites, offers, or other
events/activities not owned or controlled by 411FIX. We do not endorse or
assume any responsibility for any such links, and if you access them, you do so
at your own risk.
By using the Platform, you understand and agree that any legal remedy or
liability that you seek to obtain for actions or omissions of other users or other
third parties will be limited to a claim against those users or other third
parties. You agree not to attempt to impose liability on or seek any legal remedy
from 411FIX with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, 411FIX may, in its sole
discretion, take any action permitted by law for any violation of these Terms or
any other policy or agreement between you and 411FIX, including but not limited
to removing User Content you posted, limiting your Account access, requiring
you to forfeit certain funds or paid Fees, assessing monetary penalties or costs,
terminating your Account, decreasing your status or search rank, canceling
quotes or postings, blocking access, investigating you, and/or cooperating with
law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice and
at any time, decide to limit, block, suspend, deactivate or cancel your 411FIX
Account in whole or in part. If we exercise our discretion under these Terms to do
so, any or all of the following can occur with or without prior notice or explanation
to you: (a) your Account will be deactivated or suspended, your password will be
disabled, and you will not be able to access the Platform or your User Content, or
receive assistance from 411FIX support teams; (b) if appropriate in our sole
discretion, we may communicate to other users that your Account has been
terminated, blocked, suspended, deactivated, or cancelled, and why this action
has been taken. You may cancel your use of the Platform and/or terminate your
Account at any time by following the “Settings” link in in your profile, clicking
“Account,” and clicking “Deactivate Account.” Please note that if your Account is
cancelled, we do not have an obligation to delete or return to you any Content
you have posted to the Platform, including, but not limited to, any reviews.
DISPUTE RESOLUTION
Contact Us First. We care about addressing your concerns in an informal
and efficient manner. For any dispute you have with us regarding the
Services, you agree to first contact us and attempt in good faith to resolve
the dispute informally by reporting the dispute to our customer service
online at any time by emailing info@quoteit.ca. You agree that if our
dispute is not resolved by informal resolution within 15 days of your
submission or within a reasonable time, you will resolve any claims
through final and binding arbitration (“Arbitration”).
Arbitration. You agree that any claim arising out of or in connection with this
Agreement, or in respect of any legal relationship associated with or
derived from this Agreement, that is not resolved through our customer
service centre, will be finally resolved by Arbitration under the Simplified
Arbitration Rules of the ADR Institute of Canada, Inc. The Arbitration will
take place in Toronto, Ontario, Canada. The language of the arbitration will
be English.
No Class Actions. You hereby agree and acknowledge that you may only
resolve disputes with us on an individual basis and may not bring a claim
as a plaintiff or a class member in a class, purported class, consolidated,
or representative action. You further agree that, by entering into these
terms, you and 411FIX each agree that all claims and disputes shall be
resolved under this Agreement. You further waive any constitutional or
statutory right to go to court and have a trial in front of a judge or jury on
an individual, class action, or representative action basis. In the event any
litigation should arise between you and us, in any jurisdiction, in a suit to
vacate or enforce an Arbitration award or otherwise, you and 411FIX waive
all rights to a jury trial, instead electing that the dispute be resolved by a
judge, and agree to take any and all action necessary or appropriate to
effect such waiver.
Statute of Limitations. You hereby agree that any claim under this Agreement
must be brought within one year of the act giving rise to the claim.
GOVERNING LAW; VENUE AND JERISDICTION
You agree that the laws of the Province of Ontario, Canada, without regard to
principles of conflict of laws, will govern this Agreement and any dispute of any
sort that might arise between you and us. You hereby irrevocably attorn to the
exclusive jurisdiction of the Courts of the Province of Ontario with respect to any
dispute hereunder.
DISCLAIMERS
YOUR USE OF THE PLATFORM OR COLLECTIVE CONTENT SHALL BE
SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT
411FIX DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT
FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B)
FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION,
BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED
SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED
TO SERVICE PROVIDERS AND CUSTOMER MEMBERS. THE PLATFORM IS
PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITING THE FOREGOING, 411FIX AND ITS
AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR
IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN
CONNECTION WITH THIS PLATFORM OR THE PROFESSIONAL SERVICES
OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES
RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR
COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR
PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL
COLLECTIVE CONTENT. 411FIX MAKES NO WARRANTY THAT THE
PLATFORM OR PROFESSIONAL SERVICES WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE,
OR ERROR-FREE BASIS. 411FIX ASSUMES NO RESPONSIBILITY, AND
SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO
OR USE OF THE PLATFORM. 411FIX SHALL NOT BE LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS,
SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR
MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM 411FIX OR THROUGH
THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS
AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE
PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE
PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS
OR SERVICE PROVIDER. YOU UNDERSTAND THAT 411FIX DOES NOT
MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE
PLATFORM OR TO REVIEW OR VET ANY SERVICE PROVIDERS. 411FIX
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT
OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY
CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE
REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU
DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO
SERVICES. 411FIX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT
OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS
TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR
OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING
OR RECEIVING PROFESSIONAL SERVICES THROUGH THE PLATFORM,
AND ANY CONTACT YOU HAVE WITH OTHER USERS OF 411FIX OR
THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
NEITHER 411FIX NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE
(WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT 411FIX HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B)
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C)
THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES
FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR
INABILITY TO USE THE PLATFORM, PROFESSIONAL SERVICES OR
COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS
WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR
USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING
PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING
PROFESSIONAL SERVICES THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF 411FIX
AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR
RELATING TO THE TERMS, PLATFORM, PROFESSIONAL SERVICES,
AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO
USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION
WITH ANY PROFESSIONAL SERVICES OR INTERACTIONS WITH ANY
OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID
TO 411FIX BY YOU HEREUNDER, OR ONE HUNDRED CANADIAN
DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
NO GUARANTEE
We make no guarantee regarding the provision of Professional Services, the
acceptance of any Service Requests for the provision of Professional Services,
the availability, workmanship, timeliness, integrity, ability or skill of Service
Professionals or the Professional Services they purport to be able or willing to
provide. We do not guarantee that the Service Professionals hold any
qualification, certification, licence, schooling, training, or insurance required to
provide the Professional Services. 411FIX DOES NOT WARRANTY ANY
SERVICE PROFESSIONAL’S PROFESSIONAL SERVICE ACCREDITATION,
REGISTRATION, CERTIFICATION, LICENSE , INSURANCE, BOND, OR
WORKER’S COMPENSATION PROTECTION REGALATED TO A HOME
SERVICE.
APP/MOBILE PHONE USE
You agree to adhere to any terms of any app store, mobile software platform,
payment platform, or other third party services provided in connection with your
use of the App. We reserve all rights in and to the App not expressly granted to you under this Agreement and you only have a limited license to use it to access the Platform in accordance with these terms. By providing your mobile phone number and using the Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts from 411FIX. You understand and acknowledge that by communicating by calls or text, standard message charges
or other charges from your wireless carrier may apply. You may opt-out of
receiving text messages from us by modifying your User Account settings on the Website or App or by emailing info@quoteit.ca
MERGER OR ACQUISITION
It is possible that 411FIX may be acquired or transferred as part of a merger,
acquisition or other change of control. In the event of such a transaction, you
understand and agree that we may assign our rights under this Agreement and
that your personal information may be transferred to the succeeding entity in
accordance with our Privacy Policy.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold 411FIX and its affiliates and
subsidiaries, and their respective officers, directors, employees and agents,
harmless from and against any claims, liabilities, damages, losses, and
expenses, including without limitation reasonable legal and accounting fees,
arising out of or in any way connected with (a) your access to or use of the
Platform or your violation of these Terms; (b) your User Content or the Collective
Content; (c) your interaction with any Customer Member, Service Provider or
user; and (d) the request or receipt or offer or provision of Professional Services
by you, including but not limited to any injuries, losses, or damages
(compensatory, direct, incidental, consequential or otherwise) of any kind arising
in connection with such Professional Services.
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor.
GENERAL
Force Majeure: Other than payment obligations, neither 411FIX nor you shall be
liable to the other for any delay or failure in performance under the Terms arising
out of a cause beyond its control and without its fault or negligence. Such causes
may include but are not limited to fires, floods, earthquakes, strikes, unavailability
of necessary utilities, blackouts, acts of God, acts of declared or undeclared war,
acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly
provided in these Terms, there shall be no third-party beneficiaries to these
Terms.
Contacting You: You agree that 411FIX may provide you with notices, including
those regarding changes to the Terms, by email, regular mail, or postings on the
Platform. With your consent, 411FIX may also contact you by telephone or
through text messages. If you have agreed to receive text messages or
telephone calls from 411FIX.
Entire Agreement: These Terms, together with the Privacy Policy and any other
legal notices or additional terms and conditions or policies published by 411FIX
on the Platform, shall constitute the entire agreement between you and 411FIX
concerning the Platform or Professional Services obtained through the Platform.
Except as explicitly stated herein, if any provision of the Terms is deemed invalid
by a court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of the Terms, which shall remain in
full force and effect.
Waiver: No waiver of any provision of these Terms shall be deemed a further or
continuing waiver of such term or any other term, and 411FIX;s failure to assert
any right or provision under these Terms shall not constitute a waiver of such
right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the
contrary, any claim arising out of or related to the Platform or the Professional
Services offered therein must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently barred.
Contact Information: If you have any questions about these Terms or the
Platform, please contact us by sending an email to info@411fix.com