These terms and conditions apply to the web site FixList.co and the FixList Application Protocol Interface (API) intended for use by consumers (“site”). By visiting or using the site, any page of the site, or API, you agree to be bound by these terms and conditions, and you acknowledge that such agreement constitutes a binding contract between you and FixList LLC (“FixList”).
If you do not agree to these terms and conditions, please do not use the site. FixList reserves the right, at its discretion, to update or revise these terms and conditions. Please check the terms and conditions periodically for revisions and updates. Your continued use of the site after the posting of changes to the terms and conditions constitutes acceptance of those changes.
The Site is owned and operated by FixList LLC. FixList has the right at any time to change or discontinue any aspect or feature of the Site, including, without limitation, the content, hours of availability, and equipment needed for access to or use of the Site.
Many, if not most, communications between FixList and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and FixList electronically shall satisfy any legal requirements that such communications be in writing.
Restrictions on Use
The graphical content of the Site, including the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of FixList. As of May 5th, 2016 the source data provided on the site is derived from all open data sources available to the public online. Derivative information including owner accessibility, property condition scoring, and the redevelopment potential score of an address are proprietary to FixList. Except as otherwise expressly permitted under these terms and conditions or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the derivative information will be permitted without the express written permission of FixList. You acknowledge that you do not acquire any ownership rights by copying or prints the material or by using the Site.
FixList offers access to the Site and to the content available on the Site soley for your own personal use. You may not share your account with others. You may not resell or copy any account information for use by another merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather, or copy any of the content. You may not engage in the practices of “screen scraping,” “database scraping,” “API scraping,” or any other practice or acticity the purpose of which is to obtain lists of users, portions of a database, or other pieces of information from the Site not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademakr, logo, or other proprietary information (including images, text, page layout, or form) of FixList or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing the FixList name or trademarks without the express written consent of FixList.
Systematic retrieval of the content or other data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of FixList is strictly prohibited.
You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site.
The provisions of this Section 2 are for the benefit of FIXLIST, its subsidiaries, affiliates, and third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Illegal and/or unauthorized uses of the Site, including, without limitation, any activities or use of the Site that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms and Conditions, (ii) the rights of FixList, any affiliate or licensor, or any other third party, or (iii) any law or regulation, will be investigated. FixList may take any legal action, as it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. FixList reserves the right to deactivate the account of any user participating in unauthorized or suspicious activity.
Disclaimer of Warranty
Limitation of Liability - You expressly agree that use of the Site is at your sole risk. Neither FixList, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy or reliability of any content, information, service, or materials provided through the Site.
The Site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. There are no warranties relating to any of the properties about which information is posted on the site. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failur, theft or destruction or unauthorized access to, alteration of, or use of the Site, whether for breachof contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that FixList is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
In no event will FixList, or any person or entity involved in creating, producing, or distributing the Site or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential, or similar damages, lost profits or revenues, loss of use, or similar economic loss, arising out of the use of or inability to use the site. You hereby acknowledge that the provision of this section shall apply to all use of an content on the Site. In no event shall FixList’s total liability to you for all damages, you, if any, for accessing the site or obtaining any reports or other information from the Site.
Subscriptions, Billing, & Fees
Fees - You agree to pay FixList any fees for each service you purchase or use, in accordance with the pricing and payment terms presented to you for that service. Fees paid by you are non-refundable. Should your account be terminated for suspicious, fraudulent, or non-compliant use, you will not receive a refund for the payment period during which your account was terminated, however billing of your account will cease starting with the next billing cycle.
Subscriptions - Some of our services are billed on a Subscription basis. This means you will be billed in advance on a recurring, periodic basis (“billing cycle”). Billing cycles are typically monthly or annual, depending on which subscription plan you purchase. Your billing account will be charged immediately upon signing up for a FixList subscription and will automatically renew at the end of each monthly billing cycle unless you cancel your subscription by contacting our customer support team at firstname.lastname@example.org. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts by contacting our customer support team at email@example.com if you do not want it to renew.
You agree to defend, indemnify, and hold harmless FixList and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of (i) your use of the Site or any information you obtain from the Site or its Content, (ii) any distribution, publication, refusal to publish, deletion, editing or other use of the content you provide, (iii) your breach of these Terms and Conditions or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
Trademarks & Patents
All trademarks and service marks of FixList and its subsidiaries or affiliates displayed on the Site are subject to state, federal, and/or international trademark protection. Unless expressly authorized by FixList, you may not use its trademarks or service marks with any product or service that is not provided by FixList, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit FixList. All other trademarks appearing on the Site are the property of their respective owners, including third party providers of products and services with links to and from the Site.
Third Party Content
Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of FixList. FixList is not liable for any errors in information gathered or derived from third party sources.
By visiting or using the site, or any page of the site, you agree to be bound by these terms and conditions, and you acknowledge that such agreement constitutes a binding contract between you and FixList. If you do not agree to these terms and conditions, please do not use the Site.