Terms of Use

Welcome to HowMuch. By accessing the Howmuch.net website or using the services offered in connection with the website, you agree to be bound by these Terms and Conditions, which constitute your agreement with FIXR, Inc. the Howmuch.net website (and any successor website), and the services offered by us and our affiliates in connection with such website, will collectively be referred to as the "Site." References to "we," "us," and "our" refer to FIXR, Inc

Subject to and in accordance with these Terms and Conditions and other guidelines or instructions included in the Site, we grant you a limited, non-exclusive license to access and use the Site. We reserve the right to terminate this license and your access to the Site, and to remove or discard content you have submitted to the Site, at any time, for any or no reason and with or without notice. We reserve the right to revoke your particular user account, or to require you to choose another screen name or password.

We may make changes to these Terms and Conditions or our Privacy Policy at any time by posting such changes on the Site. Your continued use of the Site following posting of any changes constitutes acceptance of those changes. This agreement may not be otherwise amended except in a writing signed by you and us.

Access and Use

Age Requirement; Responsibility. You may not access or use the Site unless you are at least 18 years old and are able to enter into legally binding contracts. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for your use of the Site and for all activities that occur under your account or password.

Registration. You are required to maintain all information provided during your registration process so that it remains true, accurate, up-to-date and complete at all times.

Conduct. You may use the Site only in accordance with all applicable laws and regulations, consistent with its intended use and in a manner that does not disrupt the use of the Site by others. You agree not to authorize, aid, or encourage anyone to act in violation of these Terms and Conditions.

Hyperlinks. You may create a hyperlink to the home page of the Site so long as the link does not portray the Site, Fixr, Inc. or its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without written permission.

Our Proprietary Rights

All content included on the Site and originating with us, including but not limited to website design, text, photographs, graphics, sound, software and the arrangement of all content on the Site, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners.

Third-Party Information

The Site may provide links to third-party websites, whose content, business practices and privacy policies are not under our control. We are not responsible for the content of any linked website or any link contained in a linked website, and we will not be liable for any damage or loss caused by or in connection with the use of such websites. The inclusion of a link on the Site does not imply any endorsement by us or any affiliation between us and the third party. In accessing following links to third-party websites, you may be exposed to content that you consider offensive or inappropriate.

The Site may also provide content about Service Providers. Some of this content has been provided in part by Localeze.

"Fixr" and all related logos, graphics and icons are our service marks or trademarks. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners, and their presence on the Site does not represent an endorsement of the Site.

Privacy

Please see our Privacy Policy, which also governs your use of the Site and is hereby incorporated into these Terms and Conditions.

Access and Interference

The Site may contain robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

artificially generate traffic or page links to any portion of the Site; take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for content owned by you) from the Site without the prior expressed written permission of us and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

No Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

The laws of some states do not allow the disclaimer of implied warranties or the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some of the above disclaimers, exclusions or limitations may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release and Indemnity

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes disputes or your dealings with such users. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

You agree to indemnify and hold harmless us and our affiliates, officers, directors, employees, agents, partners and licensors from and against any loss, damage, liability and costs, including reasonable attorneys' fees, incurred in connection with a claim by any third party due to or arising out of (i) your use of the Site, (ii) any content you submit to the Site, or (iii) your violation of these Terms and Conditions, any law or the rights of any third party.

Notices

Except as explicitly stated otherwise, legal notices to us shall be served in writing on our registered agent for service of process in the State of Delaware, and legal notices to you shall be delivered to the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

We and you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of laws provisions. You agree that any claim or dispute you may have against us must be resolved by a court located in the State of Delaware, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, we may recover attorneys' fees and costs up to $1,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Statute of Limitations - Regardless of any statute or law to the contrary, any claim you bring against us must be filed within one [1] year after such claim arose or be forever barred.

Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent: c/o Fixr, Inc. 2711 Centerville Rd, Ste 120 Wilmington DE 19808

By phone: (866)953-5377, By fax: (866) 933-3696, By email: ca@howmuch.net

General

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the court or arbitrator will endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.

No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Entire Agreement; Assignment. These Terms and Conditions represent the entire agreement between you and us with regard to their subject matter, and supersede all prior agreements and representations. In the event of any conflict between these Terms and Conditions and any instructions or guidelines included on the Site, these Terms and Conditions shall control. You may not assign your user account or your rights and obligations under this agreement without our express written consent.