1. GENERAL DISCLAIMER. In using services of 45Fix, you acknowledge that 45Fix is not acting as your general contractor, agent, or advisor. Therefore, it is your sole responsibility to select a contractor and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the contractor's and your own insurance coverage requirements. 45Fix screens service providers' business, credit, and legal standing based upon specified objective criteria; 45Fix does not

    (i)  recommend or endorse any specific service provider

    (ii) provide advice on which service provider to select, or

    (iii) screen any individual service provider's personal credit or legal standing.

45Fix relies on electronic data provided by third parties and on statements made by service providers and their references to determine which service providers to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a service provider's record may have occurred which were not captured by the third party data sources used. 45Fix does not guarantee that any service provider has insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any insurance coverage (including amount, breadth, or type). 45Fix only verifies that a service provider has supplied a certificate of insurance and that the certificate has not expired as of the date of verification. The existence of the certificate does not guarantee that the insurance is in effect, as the service provider may cancel the insurance without 45Fix's knowledge. Unless otherwise specifically stated, 45Fix does not endorse any product or service described in, offered on, or linked to 45Fix's websites.

2. LIMITATIONS OF 45FIX'S LIABILITY RELEASE. 45Fix will not be liable for damages of any nature arising from or relating to your use of the service or any third party services or use thereof by anyone else through your account. 45Fix's total cumulative liability to you and anyone who uses the service or third party services through your account, for any and all claims under any theory of law (including negligence), will not exceed $1,000 as set forth in the Service Guarantee.

3. YOUR USE OF THE 45FIX SERVICES. You acknowledge and agree that your use of the 45Fix services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the 45Fix Web site, including but not limited to Service provider profiles, screening information, and Ratings & Reviews (including any ratings and reviews provided by you), is the sole and exclusive property of 45Fix, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to 45Fix for any such damages, and will indemnify 45Fix in the event of any third party claims against 45Fix based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the 45Fix Web site and services at any time. All information about service providers is confidential and for your personal use only. If it is determined or suspected by 45Fix in its sole discretion that you are misusing or attempting to misuse or circumvent the 45Fix services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, 45Fix reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO 45FIX AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO 45FIX AND EACH 45FIX SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF 45FIX AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

4. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the 45Fix server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of 45Fix. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the 45Fix Web site or any other 45Fix owned, operated, licensed or controlled site. Elements of 45Fix Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any 45Fix web Site may be copied or retransmitted unless expressly permitted by 45Fix. 45FIX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. 45FIX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE 45FIX WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 45FIX MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

5. LINKS TO THIRD PARTY SITES. The links in the 45Fix Web site will let you leave 45Fix's Web site. The linked sites are not under the control of 45Fix and 45Fix is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. 45Fix is not responsible for webcasting or any other form of transmission received from any linked site. 45Fix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 45Fix of the site.

6. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS. 45Fix.com uses the following criteria as part of its registration enrollment process ("registration") for new home service providers applying for membership in our network:

Licensing - 45Fix confirms at the time of a service provider’s registration, that the prospective new service provider member has all applicable required state-level trade licensing.

Legal - 45Fix utilizes third party services that record legal information to check for significant recorded state-level civil legal judgments entered against a prospective new service provider member by business customers within the three years prior to such service provider's registration. 45Fix does not make any representations or warranties as to the accuracy or completeness of the information provided by the third party services.

Insurance - Wherever possible, 45Fix confirms insurance information presented by member service providers in their profiles at the time of registration.

NOTE: Member service provider information confirmed as described above may change or expire over time; while 45Fix attempts to maintain accurate and up-to-date information, and confirms changes when notified, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a service provider you verify that information presented is still current and/or acceptable to you.

*Given the unique nature of California licensing, 45Fix relies on representations of service providers that are using California General building contracting license to cover home improvement tasks, that such service providers are performing more than one task as defined and required by California licensing rules.

service providers Profiles: 45Fix allows service providers to post profiles about themselves and their business on the 45Fix Web site. 45Fix does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the service provider.

The above procedures may change from time to time at the sole discretion of 45Fix. 45Fix believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate insurance at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, 45Fix advises consumers to check these matters for themselves especially at future dates. 45Fix does not represent or warrant that the information received from state or government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that 45Fix checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: 45FIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY 45FIX, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE 45FIX SERVICES OR IN CONNECTION WITH THE 45FIX WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

8. DISPUTES. You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in Albemarle County, Virginia, through Judicial Arbitration and Mediation Services/Endispute ("JAMS"), under then-existing JAMS arbitration rules and procedures. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof.

9. GENERAL PROVISIONS. You acknowledge and agree that the 45Fix services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and 45Fix's sole obligation to you or any third party for any claim arising out of your use of the 45Fix services or the 45Fix Web site, is that (a) you may make a claim under the Service Guarantee (limited to a maximum of $1,000), and/or (b) you are free to discontinue your use of the 45Fix services or the 45Fix Web site at any time. 45Fix and the service providers are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. EXCEPT AS EXPRESSLY SET FORTH HEREIN, 45FIX EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT 45FIX SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF 45FIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of 45Fix and its successors, assigns and licensees and will be binding upon you and your successors, assigns, licensees, administrators, executors, trustees, heirs and representatives. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of 45Fix to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the 45Fix services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Virginia as such laws are applied to agreements entered into and to be performed entirely in the State of Virginia and between Virginia residents without regard to the conflicts of laws principles of any jursisdiction. You agree to submit to jurisdiction in Virginia and, subject to Section 8 hereof, that any claim arising under these Terms and Conditions will be brought solely in a court in Albemarle County, Virginia.