THE FIXI SHOP LEGAL TERMS AND CONDITIONS
The following Legal Terms and Conditions (“Terms and Conditions”) apply to the use of this web site (“Site”) as well as all transactions with The Fixi Shop. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE OR THE SERVICES OF THE FIXI SHOP, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. Users should check these Terms and Conditions periodically. By using the Site or services of The Fixi Shop after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Copyright © 2013 The Fixi Shop. The content on this Site may not be reproduced, re-transmitted, distributed, disseminated, or circulated to anyone without the express permission of The Fixi Shop, except that the user may disseminate an insubstantial portion of the content for a noncommercial purpose, in non-electronic form, to a limited number of persons, provided all copyright and other proprietary rights notices are included with such portion of the content in the same form in which the notice appears on the screen.
The Fixi Shop is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. Any links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from The Fixi Shop, and The Fixi Shop has no control over the content of that other website. In addition, a link to any other website does not imply that The Fixi Shop endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by The Fixi Shop of that third party or of any product or service provided by a third party.
All brand, product, service, and process names appearing on this Site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by The Fixi Shop. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of The Fixi Shop or any third party, except as expressly granted herein.
If you believe any materials on the Site infringe your copyright or intellectual property rights, you may request such materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact The Fixi Shop and provide 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, with enough detail that we may
find it on the Site;
- Your address, telephone number, and email address;
- Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual
property owner, its agent, or the law;
- Your statement, 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.
This Site’s Agent for Notice of claims of copyright or intellectual property infringement can be reached as follows:
By phone: (817) 301-0544
Information on this Site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. The Fixi Shop and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if The Fixi Shop believes that customer conduct violates applicable law or is harmful to the interests of The Fixi Shop and its subsidiaries.
The Fixi Shop charges sales tax for merchandise and repair services based on the applicable state and local sales tax rate.
DISCLAIMER, LIMITATION OF LIABILITY
Unless otherwise expressly provided in writing to a customer of The Fixi Shop at the time of service, The Fixi Shop makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Site, its content, or its services, or the suitability, functionality, or operation of this Site, its content, or its services, and THE SITE AND ALL ITS CONTENTS THEREOF AND ALL SERVICES ARE PROVIDED BY THE FIXI SHOP ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE FIXI SHOP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT THE CONTENTS OF THIS SITE WILL BE ACCURATE UP-TO-DATE OR OTHERWISE RELIABLE. The foregoing does not limit any manufacturer’s express warranty provided with any product or service purchased. You may have other legal rights that vary from state of state.
IN NO EVENT WILL THE FIXI SHOP BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES OF THE FIXI SHOP, EVEN IF THE FIXI SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. THE LIABILITY OF THE FIXI SHOP TO YOU, UNDER ANY LEGAL THEORY, IS LIMITED TO THE TOTAL OF THE AMOUNTS PAID TO THE FIXI SHOP BY THE RESPECTIVE CUSTOMER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
BY USING THE SITE, YOU AGREE TO INDEMNIFY THE THE FIXI SHOP PARTIES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND CAUSES OF ACTION (INCLUDING EXPENSES AND ATTORNEYS’ FEES) INCURRED BY THEM ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION, CLAIMS MADE BY THIRD PARTIES FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). You agree to cooperate as fully as reasonably required in the defense of any claim. The Fixi Shop reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The Fixi Shop operates the Site from its offices within the State of Texas in the United States. The Fixi Shop makes no representations that content and materials on the Site are legal or appropriate for use from outside Texas. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. These Terms and Conditions will be governed by and construed in accordance with the laws of the state of Texas, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these Terms and Conditions or matters related to the Site will be brought in State or Federal Courts of the State of Texas; provided, however, that notwithstanding anything contained in these Terms and Conditions to the contrary, The Fixi Shop shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce The Fixi Shop’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of these Terms and Conditions is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will remain in force. These Terms and Conditions constitute the entire agreement between you and The Fixi Shop concerning your use of the Site.