This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us by email at support@fixxbook.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These are the Terms of Service for ServiceChannel.com, Inc. (“ServiceChannel”). These Terms of Service apply at ServiceChannel, it’s fixxbook.com services, and its website located at www.fixxbook.com.

This website contains links from and to other websites that are not controlled by ServiceChannel. ServiceChannel is not responsible for Terms of Service, or any other governing terms or conditions, of other websites.

1. INTRODUCTION TO FIXXBOOK. In order to use ServiceChannel’s services or the fixxbook.com online directory of businesses, (the “Directory”) and website, (collectively, “fixxbook Services”), you must register. Please go to www.fixxbook.com to do so. As part of the registration process, you must create a username and password. All User IDs and passwords are specific to the User and User bears all responsibility for maintaining the confidentiality of the User ID and password. User shall not disclose its User ID and password to any unauthorized person. By obtaining a User ID and Password, User represents and warrants that it has authority to list a company or access the Directory on behalf of the entity listed on your application for Directory access or Directory Listing and that your acceptance of this Agreement has the effect of making such business entity a party and bound to this Agreement with us and our customers or contractors listed in the Directory.

2. SEARCHING FOR CONTRACTORS ON FIXXBOOK. At ServiceChannel we are committed to making your total fixxbook experience a positive one. fixxbook.com connects facilities managers and contractors (“contractors”, the company or individual requesting a listing in fixxbook.com). In order to facilitate its services, ServiceChannel operates www.fixxbook.com and related websites.

In consideration of your registration, ServiceChannel grants you permission to use the Directory only as authorized in this Agreement. You agree that you will not reverse assemble, reverse compile, create derivative works of or from the Directory, or otherwise translate the Directory. User acknowledges that its use of the Directory and any information contained therein is governed, by the terms of this Agreement.
Contractor content contained in the Directory is uploaded to the Directory by each Contractor. Contractors may post to the Directory Contractor content relating to facilities maintenance that includes, among other information, Contractor information pertaining to or describing services offered by the Contractor, the geographical areas services by the Contractor, whether such services are offered directly or through subcontractors, or other information relevant to a party searching for facilities maintenance services. We do not guarantee that we will be able to match your service needs with a contractor or that there are contractors in your area that either are capable or willing to complete your service needs. We make no guarantees or representations regarding the content in the listings including skills or representations of such contractor or the quality of the job that he or she may perform for you if you elect to retain their services. ServiceChannel does not endorse or recommend the services of any particular contractor. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a contractor, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The contractors are not employees or agents of ServiceChannel, nor is ServiceChannel an agent of the contractors. ServiceChannel does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with contractors are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any contractor, you must address such dispute with the contractors directly.

3. FIXXBOOK SERVICES FOR CONTRACTORS. This Agreement sets forth the terms and conditions under which ServiceChannel agrees to include Contractor’s business listing, and/or link(s) to its Website(s) on the fixxbook Website including its Directory and the obligations of a Contractor listed in the Directory. All of such terms include any of Contractor’s owners, employees, partners, subsidiaries, affiliates and/or agents. The Directory includes the Compilation of Contractor information created by ServiceChannel which is accessible to registered Contractors and registered Users at www.fixxbook.com.

Information contained in the Contractor’s Content is uploaded to the Directory by the Contractor. Contractor may post to the Directory its Contractor Content that may include, among other matters, information pertaining to or describing the building maintenance trades provided by Contractor, the geographical areas in which Contractor provides such trades, whether such trades are provided on a direct or subcontracted basis, and such other information which complies with categories and guidelines set by ServiceChannel and which Contractor deems material to a third party who is seeking contracting services. ServiceChannel shall not be responsible for the Contractor Content or usability thereof.

4. CONTRACTOR CONTENT; LIMITED RESPONSIBILITIES IN FIXXBOOK. Information contained in the Contractor’s Content is uploaded to the Directory by the Contractor. Contractor may post to the Directory its Contractor Content that may include, among other matters, information pertaining to or describing the building maintenance trades provided by Contractor, the geographical areas in which Contractor provides such trades, whether such trades are provided on a direct or subcontracted basis, and such other information which complies with categories and guidelines set by ServiceChannel and which Contractor deems material to a third party who is seeking contracting services. ServiceChannel shall not be responsible for the Contractor Content or usability thereof. ServiceChannel does not review any information or data contained in the Contractor Content for accuracy or completeness, nor is it obligated to do so. Contractor’s Content uploaded to the Directory will not be screened by ServiceChannel when uploaded, but shall be subject to factual and editorial review, modification and/or removal in ServiceChannel’s sole discretion from time to time. ServiceChannel reserves the right, but not the obligation, to review Contractor Content. Contractor represents and warrants that its listings, links and submissions to the Directory do not, and will not include content, or links to content, which may result in a third party claim against, or civil or criminal liability to, ServiceChannel or its affiliate(s) or partner(s) or that otherwise violates applicable law or the terms of this Agreement, including, without limitation, content that is fraudulent, deceptive, libelous, defamatory, obscene, pornographic, adult-themed, infringing or that violates the privacy, publicity, intellectual property or any other right(s) of a third party.

ServiceChannel does not assess the adequacy of the repairs or services rendered by Contractors, each of which is wholly responsible to each purchaser with respect thereto. Any complaint concerning the accuracy of information contained or posted in the Contractor Content or any omission thereon, shall be addressed to the Contractor who rendered, or was supposed to supply or perform the services, parts or repairs in question and the Contractor shall have the duty to deal promptly and responsibly with such complaint. Should Contractor become aware of any error or omission in the Contractor Content, Contractor shall be responsible for correcting or altering the error. Contractor acknowledges that its posting of information to the Contractor Content and any information contained therein is governed, by the terms of this Agreement.

Subject to the terms and conditions of this Agreement, Contractor hereby grants to ServiceChannel a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Contractor’s Content including its listings and submissions, and any portion thereof, including, without limitation, Contractor’s trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Contractor solely to display and provide Contractor’s listings and links in the Directory in accordance with this Agreement.

5. OWNERSHIP AND USE OF INFORMATION. Upon using fixxbook Services, users will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information on our Web site. Some of this information will be sent to contractors or facilities managers who will need this information to respond to you or to other persons or entities in connection with our business.

With the exception of Contractor Content, all materials, including but not limited to any computer software (in object code and source code form), data or information, know-how, methodologies, equipment, or processes developed or provided by ServiceChannel, or used on, to, in connection with or to create or operate the Website or any part thereof, or provide Services, including without limitation all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively “fixxbook Content”) is and shall remain the sole and exclusive property of ServiceChannel.

You shall use the Directory content only in your business. Reproduction, retransmission, dissemination resale, timeshare or rental of the Directory or the Contractor content set forth therein is prohibited. You may not reproduce, reformat, analyze, print, or display any portion of any information contained in the Contractor content, except in connection with your own use in the ordinary course of your business to locate a service provider, provided that such use in no event may include any commercial publication, distribution, broadcast, or offering of any portion of the content contained in the Directory.

Contractors: ServiceChannel collects and uses Contractor business information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand Contractor needs; to provide a better website, products and services; to communicate with clients and potential clients regarding it or its affiliate products and services and other Contractor or third party products and services. By registering to participate in the Directory, Contractor consents to receiving communications from ServiceChannel via email, fax, telephone, mail, or any other delivery method. These communications may include, but not be limited to, information about product or service updates, new features, or information we believe you may find interesting. We may also send you information about other products and services of ServiceChannel, its affiliates or other Contractors, for fees or other compensation and in that connection shall have the right to use a Contractor’s address, business interest and geographical and business segment data in such marketing effect.

ServiceChannel reserves the right to compile anonymous aggregated data from Contractor Content solely for the purpose of assessing the operation and organizational effectiveness of the Website and the non-personal demographic data of Contractors for marketing and/or management purposes.

6. LINKS. Links may be provided on the Website to other websites or from Website proprietary to the Contractor to the Website. ServiceChannel assumes no responsibility of any kind for the content or availability of these website links thereto or thereupon, or the use thereof. By inserting links to these sites, it is understood that ServiceChannel does not endorse such website or its content.

7. INDEMNIFICATION BY USERS OF THE DIRECTORY AND CONTRACTORS. YOU HEREBY AGREE TO RELEASE SERVICECHANNEL (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES, CLAIMS, ACTIONS, LIABILITIES, LOSSES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CONTRACTORS OR FACILITIES MANAGERS (a) arising out of any breach by Contractor of any duty, representation or warranty under this Agreement; (b) arising from the content or subject matter of any Contractor listing, link, submission or content of sites to which visitors can link through Contractor’s links or listings); or (c) arising out of any dispute between Contractor and any person who contracted for services by the Contractor based upon Contractor’s Directory listing.

8. DISCLUSURE BY NECESSITY. Private information may be disclosed if required by a court order, statute, law, or regulation. Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party. Information is also subject to disclosure if we believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with our rights or property including the Directory, other users of our website on the Directory.

9. DISCLAIMERS.

a. YOU AGREE THAT YOUR USE OF THE DIRECTORY IS SOLELY AT YOUR OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN “AS-IS”, AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. SERVICECHANNEL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE DIRECTOR OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WEBSITE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU

b. OUR DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CONTRACTOR SPECIFICALLY ACKNOWLEDGES THAT SERVICECHANNEL 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 CONTRACTOR.

c. IN NO EVENT SHALL SERVICECHANNEL OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENT OWNERS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND ALLEGED TO BE SUFFERED BY A CONTRACTOR OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENT OWNERS OR AFFILIATES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED NOR ARE THE FOREGOING PARTIES LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SERVICECHANNEL‘S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO SERVICECHANNEL BY CONTRACTOR UNDER THIS AGREEMENT DURING THE MONTH DURING WHICH THE APPLICABLE CLAIM ACCRUED.