Terms of Use

Last updated 8/20/2023

AGREEMENT TO TERMS

This document, the Terms of Use, represents a binding contract between you (either as an individual or representing an entity) and Fix Your Surface, Zolla Technologies, LLC, hereafter referred to as “we,” “us,” or “our”. It governs your access to and use of the fixyoursurface.com platform, which includes our website, related mobile apps, and other digital platforms (collectively, the “Site”).

By accessing or using the Site, you acknowledge that you've read, understood, and agree to be bound by these Terms of Use and our Terms of Services. If you don't agree with any part of these terms, you should cease using the Site immediately.

Any other guidelines, policies, or terms provided on the Site are incorporated into these Terms of Use by reference.

We hold the right to amend or revise these Terms of Use whenever necessary, at our discretion. Any changes will be effective upon updating the “Last updated” date at the top of this document.

It's your duty to review these Terms of Use periodically. Your continued use of the Site after any changes signifies your acceptance of the revised terms.

The content and information on the Site are not intended for distribution or use in regions where such distribution or use would be against local laws or regulations. If you access the Site from outside our intended region, you're responsible for compliance with your local laws.

Users must be 13 years or older to access the Site. If you're under 18 (or considered a minor in your jurisdiction), you must have permission and be supervised by a parent or guardian. Minors should ensure their legal guardians review and accept these Terms of Use on their behalf.

These terms of use were generated with the assistance of Termly.

INTELLECTUAL PROPERTY RIGHTS

The entirety of the Site, encompassing but not limited to its source code, databases, visual interfaces, graphics, design, compilation, information, audio, video, text, images (collectively termed as “Content”), and the associated trademarks, service marks, and logos (referred to as “Marks”), are owned by us or licensed to us. They are safeguarded by copyright, trademark, and other intellectual property rights and laws, both in the U.S. and internationally.

Unless explicitly mentioned in these Terms of Use, the Content and Marks are solely for your personal, non-commercial use. Any unauthorized reproduction, distribution, modification, or use of the Site, its Content, or Marks is strictly prohibited.

We provide you with a limited, revocable, non-transferable license to access the Site and use its Content for personal, non-commercial purposes, which includes the right to download or print a copy of any portion of the Content to which you have properly gained access. This does not imply any transfer of ownership rights. Any rights not explicitly granted herein are reserved by us.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

(1) All registration information you submit is truthful, accurate, and current;
(2) You will maintain the accuracy of such information and promptly update any details as necessary;
(3) You possess the legal capacity and you agree to comply with these Terms of Use;
(4) You are not under the age of 13;
(5) If you are a minor in your jurisdiction, you have obtained parental or guardian consent to use the Site under these Terms of Use;
(6) You will not use the Site for any illegal or unauthorized purpose;
(7) Your use of the Site will not violate any applicable law or regulation;
(8) You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site to access specific features. When registering, you must provide accurate, complete, and up-to-date information. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

If you suspect any unauthorized use of your account or any breach of security, you must immediately notify us. We reserve the right to refuse registration, terminate accounts, or remove or edit content at our sole discretion.

We also reserve the right to change, reclaim, or remove usernames if we believe they are inappropriate, offensive, or could cause confusion with other brands or entities.

PROHIBITED ACTIVITIES

The Site is intended for lawful and appropriate use only. Engaging in unauthorized or malicious activities compromises the integrity of the Site and infringes upon the rights of others.

As a user of the Site, you are strictly prohibited from:

• Extracting data or content from the Site to craft or compile, directly or indirectly, collections, compilations, databases, or directories without written permission from us.
• Unlawfully harvesting usernames, email addresses, or using automated systems to register or create accounts.
• Manipulating the Site's services using agents or third-party tools.
• Engaging in unauthorized advertisement or solicitation of goods, services, or funds; or soliciting users to join competitive online services.
• Circumventing, disabling, or otherwise interfering with security-related features of the Site or features that prevent or restrict use or copying of any content.
• Engaging in unauthorized framing of or linking to the Site.
• Tricking, defrauding, or misleading us and other users, especially in attempts to learn sensitive account information.
• Abusing our support services or submitting false reports of abuse or misconduct.
• Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
• Impersonating or attempting to impersonate another user, person, or entity.
• Selling or otherwise transferring your profile.
• Using any information obtained from the Site to harass, abuse, or harm another person.
• Using the Site as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise.
• Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site.
• Attempting to access any portions of the Site that you are restricted from accessing.
• Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site to you.
• Deleting the copyright or other proprietary rights notice from any of the content.
• Copying or adapting the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.
• Using, launching, or engaging in any automated use of the system, such as using scripts to send comments or messages, robots, spiders, offline readers, or scrapers.
• Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Site.
• Using the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site encourages user interaction and provides platforms for users to share, post, and engage with various forms of content, collectively referred to as "Contributions".

Remember, once you share Contributions, they may be accessible to other users or even third-party platforms. As such, always consider your Contributions as public and non-confidential.

When you post or share Contributions, you affirm that:

• Your Contributions are original to you and do not infringe upon any third-party rights, including but not limited to copyrights, trademarks, patents, or trade secrets.
• You possess the necessary rights or permissions to share your Contributions and grant us and other users the right to use them.
• If your Contributions feature identifiable individuals, you have secured their consent to display their name, image, or likeness.
• Your Contributions are accurate, honest, and not intended to mislead or deceive.
• Your Contributions are not unsolicited promotions, political campaigning, or commercial messages (spam).
• Your Contributions do not contain material that is obscene, violent, or inappropriate, and they do not promote harm or discrimination.
• Your Contributions respect the dignity and feelings of others and avoid content that could be considered as bullying or demeaning.
• Your Contributions do not endorse or promote illegal or harmful activities.
• Your Contributions adhere to all local, state, national, and international laws and regulations.
• Your Contributions respect the privacy, rights, and safety of others, especially minors.
• Your Contributions do not exploit, endanger, or harm minors in any way or violate any child protection laws.
• Your Contributions are free from discriminatory or derogatory remarks based on race, gender, sexual orientation, religion, disability, or any other protected status.
• Your Contributions are in full compliance with these Terms of Use and any other guidelines or rules set forth by the Site.

Failure to adhere to these guidelines may result in the removal of your Contributions, suspension of your account, or other appropriate actions as deemed necessary by us.

CONTRIBUTION LICENSE

By posting or sharing Contributions on the Site, or linking them from external platforms, you grant us a perpetual, global, non-exclusive, royalty-free license. You affirm that you possess the legal authority to grant this license. This license permits us to utilize, reproduce, modify, display, distribute, and otherwise exploit your Contributions across various media platforms, both existing and yet to be developed, for any purpose, including promotional and commercial endeavors.

This expansive license also encompasses the use of your name, company name, trademarks, logos, and any visual content you provide. By granting this license, you waive any moral rights or similar rights you may have in your Contributions, ensuring that such rights haven't been asserted in any other forum or setting.

While you maintain ownership of your original Contributions and any intellectual property rights therein, we do not claim any ownership over your Contributions. However, we are not liable for any claims, statements, or representations made within your Contributions.

You are solely accountable for the content and implications of your Contributions. You agree to indemnify and hold us harmless from any claims or liabilities arising from your Contributions.

We retain the discretion to modify, reposition, or remove any Contributions at any time, without needing to provide prior notice. However, we are under no obligation to oversee or monitor Contributions, though we may do so at our discretion.

GUIDELINES FOR REVIEWS

We provide sections on the Site for users to share their reviews and ratings. When posting reviews, kindly adhere to the following guidelines to ensure a respectful and constructive environment:

• Ensure your reviews are based on genuine, firsthand experiences.
• Avoid language that is offensive, derogatory, or promotes hatred.
• Steer clear of discriminatory comments based on factors such as religion, race, gender, age, marital status, sexual orientation, or disability.
• Do not reference or promote illegal activities or behaviors.
• If you have affiliations with competitors, maintain integrity by not posting biased or negative reviews.
• Refrain from making legal claims or judgments.
• Ensure that your reviews are factual, honest, and not intended to mislead others.
• Do not engage in or promote campaigns encouraging others to post reviews, whether they are positive or negative.

We hold the right to approve, modify, or remove any reviews at our discretion. We are under no obligation to monitor, screen, or delete reviews, but may do so if they violate our guidelines.

We do not necessarily endorse or agree with the content of reviews, and they do not reflect the opinions or positions of our company, affiliates, or partners. We disclaim any liability related to the content, implications, or consequences of reviews. By submitting a review, you grant us a perpetual, global, non-exclusive, royalty-free license to use, adapt, and disseminate your review content across various platforms.

MOBILE APPLICATION LICENSE

If you access the Site through our mobile application, you are granted a revocable, non-exclusive, non-transferable license to install and use the application, strictly in accordance with these Terms of Use.

As a user of the mobile application, you must:

• Not decompile, reverse engineer, or attempt to extract the source code of the application.
• Refrain from making modifications, enhancements, or creating derivative works based on the application.
• Ensure that your use of the application adheres to all relevant laws and regulations.
• Not remove, alter, or obscure any proprietary notices present in the application.
• Not use the application for commercial or revenue-generating activities without our explicit consent.
• Not allow the application to be available for simultaneous use across multiple devices or by multiple users.
• Not use the application to develop competing or similar products.
• Not use the application to send automated requests or unsolicited communications.
• Not utilize our intellectual property or interfaces to design, develop, or distribute applications, accessories, or devices for external purposes.

If you've procured our mobile application from platforms like the Apple Store or Google Play ("App Distributors"), the subsequent terms are applicable:

• Your license for our application is restricted to use on devices that operate on Apple iOS or Android systems, in compliance with the respective App Distributor's usage rules.
• Any necessary maintenance and support for the application will be provided by us, and the App Distributors are not obligated to offer such services.
• In case of any warranty issues related to the app, you may approach the App Distributor for potential refunds, in line with their refund policies.
• Ensure that you are not accessing the application from a country that is subject to U.S. embargo or if you are on the U.S. government's list of prohibited or restricted parties.
• Adhere to third-party terms when using our application, such as not violating any wireless data service agreements.
• Recognize that App Distributors are considered third-party beneficiaries of these terms, granting them the right to enforce these terms against you.

SOCIAL MEDIA INTEGRATION

Our Site provides features that enable integration with third-party social media platforms and service providers ("Third-Party Account"). When you choose to connect your Third-Party Account with our Site:

• You can link your Third-Party Account by either providing your login credentials or by allowing us to access your account, based on the permissions you grant.
• Ensure that by sharing your Third-Party Account credentials or granting us access, you are not breaching its terms of service or subjecting us to any fees or restrictions imposed by the third-party platform.
• Upon successful linking, we may display certain content from your Third-Party Account on our Site, which could include your friend lists or other shared content.
• There might be a two-way exchange of information between our Site and your Third-Party Account, as indicated during the integration process.
• Depending on the privacy settings you've chosen in your Third-Party Account, specific personal details might be visible to other users on our Site.
• If, for any reason, the Third-Party Account becomes inaccessible or revokes our access permissions, the associated content may no longer be displayed on our Site. However, you retain the option to unlink your Third-Party Account from our Site at any time.
• Your interactions and any disputes with Third-Party Service Providers are governed by your agreements with them. We neither monitor nor are responsible for the accuracy, legality, or any other aspect of the content from these accounts.
• We may, with your consent, access your email contacts from a Third-Party Account or directly from your device to identify potential connections who are also users of our Site. If you wish to disconnect a Third-Party Account from our Site, you can either contact our support or adjust your account settings. Upon disconnection, we will endeavor to remove any data obtained from that account, with the exception of any username or profile picture associated with your account on our Site.

USER SUBMISSIONS

Our Site welcomes and values your feedback, suggestions, and other inputs regarding our services and features ("Submissions"). However, it's essential to understand the terms under which these Submissions are received and used by us:

• Any Submissions you provide, whether feedback, ideas, or other forms of input, will be treated as non-confidential and will become our sole and exclusive property.
• We will possess all rights, including but not limited to intellectual property rights, pertaining to these Submissions, granting us unrestricted usage rights.
• We reserve the right to utilize the Submissions for any lawful purpose, including commercial endeavors, without any obligation to provide acknowledgment or compensation to you.
• You hereby relinquish all moral rights or any other rights you might have in the Submissions, ensuring no such rights are asserted elsewhere.
• You affirm that the Submissions are either original creations or, if they are based on existing works or ideas, you have the necessary permissions or rights to share them with us.
• You agree to indemnify us against any claims, damages, or legal actions arising from the infringement or misappropriation of any third-party rights in your Submissions.

EXTERNAL LINKS AND THIRD-PARTY CONTENT

Our Site provides users with the convenience of accessing external links to other websites and resources, as well as content sourced from third parties. It's essential to understand our stance and limitations concerning these external entities:

• While our Site may feature links to external websites and showcase content from third-party sources, this is purely for user convenience and informational purposes.
• We do not actively monitor, validate, or endorse the content, accuracy, or reliability of these Third-Party Websites or the Third-Party Content.
• Any interactions, transactions, or engagements you have with these Third-Party Websites are solely between you and the respective third-party, and we bear no responsibility or liability for any outcomes or disputes.
• Our inclusion of external links or Third-Party Content should not be interpreted as an endorsement or validation of the content, products, or services offered by these external entities.
• Once you leave our Site to access a Third-Party Website, you are no longer governed by our Terms of Use or any other policies associated with our Site.
• It's crucial to exercise caution and review the terms, conditions, and privacy policies of any Third-Party Websites you visit, especially if you're considering making any transactions or purchases.
• We expressly disclaim any responsibility for transactions, purchases, or any other engagements you undertake on Third-Party Websites.
• While we aim to provide valuable resources and links, we cannot vouch for the quality, safety, or reliability of products or services offered on Third-Party Websites. As such, any issues or disputes arising from such interactions should be addressed directly with the respective third-party.

WEBSITE OVERSIGHT

We prioritize the integrity, security, and smooth operation of our Site. To this end, we maintain certain rights concerning its management:

• We actively monitor the Site to ensure compliance with these Terms of Use and to detect any potential violations.
• If we identify any unlawful activities or breaches of these Terms of Use, we reserve the right to take any action we deem appropriate. This may include reporting violators to the relevant legal authorities.
• We may, at our discretion, restrict, limit, or remove any Contributions or content that we believe violates these Terms of Use or might be harmful to other users or to our operations.
• For the efficient operation of the Site, we may remove or disable files and content that are excessively large or that place undue strain on our system resources.
• Our overarching goal is to manage the Site in a way that safeguards our rights, protects our property, and ensures the Site functions correctly and efficiently for all users.

It's essential to note that while we strive to oversee the Site's activities, we are not obligated to do so. Our actions or inactions should not be construed as an endorsement or validation of any user's activities or Contributions.

DATA PRIVACY AND PROTECTION

We prioritize the privacy and security of your personal data. We encourage you to familiarize yourself with our Privacy Policy available on the Site. By using the Site, you acknowledge and agree to the practices described in our Privacy Policy. Please be aware that our Site is hosted in the United States.

If you access our Site from regions outside the United States, such as the European Union or Asia, where data protection laws might differ, please understand that your personal data will be transferred to, stored in, and processed in the United States. By using our Site, you explicitly consent to this transfer and processing.

We are dedicated to safeguarding the privacy of children. In compliance with the U.S. Children’s Online Privacy Protection Act (COPPA), we do not intentionally gather personal information from children or market to them. If we discover that a child under the age of 13 has provided us with personal information without valid parental consent, we will take steps to promptly delete such data from our records.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We prioritize the respect and protection of intellectual property rights. If you suspect that any material on our Site infringes upon a copyright you possess or oversee, please contact our Designated Copyright Agent immediately. However, be aware that knowingly submitting false claims can result in legal penalties, including potential financial liabilities and attorney's fees. If uncertain, we strongly advise seeking legal counsel before initiating a claim.

For a DMCA notification to be valid, it must comply with DMCA 17 U.S.C. § 512(c)(3) and encompass the following details:

• Signature of the person authorized to act on behalf of the copyright owner.
• Clear identification of the copyrighted work. If there are multiple infringements, a representative list will suffice.
• Specific details about the material believed to be infringing and its location on our Site.
• Contact information of the notifying party, such as address, phone number, and email.
• A statement expressing a genuine belief that the material is used without the rightful authorization.
• A sworn statement, under risk of perjury, confirming the accuracy of the information in the notification and the authority of the complainant to act on behalf of the copyright holder.

Counter-Notifications

If you believe that your content was removed in error or that it doesn't infringe upon any copyrights, you may send us a counter-notification. This should include your physical or electronic signature, identification of the content removed, a statement under penalty of perjury that you believe the content was mistakenly taken down, and your consent to the jurisdiction of a federal court in the district where you reside (if you are in the U.S.) or your consent to any federal court jurisdiction (if you are outside the U.S.).

Repeat Infringers

It is our policy to terminate the accounts of repeat infringers. We reserve the right to decide whether content violates these terms for reasons other than copyright infringement.

COPYRIGHT INFRINGEMENTS

We deeply respect and uphold the intellectual property rights of others. If you believe that any material on our Site infringes upon a copyright that you own or control, it is imperative that you notify us immediately using the designated contact details. Upon receipt of a valid and complete notice, we will take appropriate actions, which may include the removal of the challenged content from the Site. Additionally, we will forward a copy of your Notification to the individual or entity who provided the content, in accordance with applicable laws. Making false claims can result in legal penalties, so we urge you to consult with legal counsel before submitting a Notification.

By using our Site, you understand and agree that we may, at our discretion, terminate or suspend the accounts of users who repeatedly infringe upon the copyrights of others.

TERM AND TERMINATION

These Terms of Use remain active as long as you access or use the Site. We reserve the right, in our sole discretion, to deny or restrict access to the Site, especially if you violate any provision of these Terms of Use, any applicable laws, or for any other reason, without prior notice or liability.

In the event of termination or suspension of your account, you are expressly prohibited from registering a new account under any name, be it your own, an alias, or the name of a third party. This includes attempting to access the Site using another individual's account.

Beyond terminating or suspending your account, we reserve the right to pursue any legal actions available to address breaches and to protect our interests and the security of other users.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to alter, adjust, or remove any content from the Site at our discretion, without prior notice. However, this does not imply a commitment on our part to regularly update any information or content on the Site.

There may be instances when the Site is temporarily unavailable due to maintenance, technical issues, or other reasons. In such cases, we bear no liability for any inconvenience, loss, or damage arising from these interruptions.

Furthermore, we are under no obligation to continuously maintain, support, or release updates for the Site. Users are advised to regularly review our terms and policies to stay informed about any changes.

GOVERNING LAW

These Terms of Use and any disputes or claims arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, are governed by and construed in accordance with the laws of the State of California. This holds true regardless of where you reside or where you access the Site. Any agreements, transactions, or other engagements related to the Site, even if performed outside of California, will be considered as governed by California law, expressly excluding its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration: Should any disputes arise from these Terms of Use or your use of the Site, they will be settled through binding arbitration, not in a court setting. This arbitration, governed by California law, will adhere to the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration proceedings can occur in person, via document submissions, by phone, or online. The arbitrator's decision is conclusive and binding. Arbitrations will take place in Alameda County, California. Arbitrators are prohibited from awarding punitive damages to any party involved.

Restrictions: Arbitrations will solely address the individual disputes between the involved parties. They won't merge with other proceedings, and there's no provision for disputes to be arbitrated on a class-action basis or using class action procedures.

Exceptions to Arbitration: If any segment of this arbitration agreement is deemed unenforceable or illegal, that specific dispute will be resolved in court, bypassing arbitration. Both parties consent to the jurisdiction of the courts situated in Alameda County, California.

Class Action Waiver: Both parties renounce the right to partake in a class action. This ensures that any claims will be individually addressed through arbitration. If any segment of this waiver is deemed unenforceable, the entire arbitration agreement is rendered null and void.

Confidentiality: Every facet of the arbitration proceeding, including the arbitrator's award and adherence to it, is strictly confidential. Both parties commit to upholding this confidentiality, barring legal requirements stating otherwise.

Fees and Costs: Each party will shoulder its own fees and costs for the arbitration. However, the party that prevails in the arbitration might be eligible to recover their fees and costs from the opposing party.

Time Limit: Disputes related to this agreement must be initiated within one year from when the cause of action emerged.

CORRECTIONS

We strive for accuracy, but the Site may occasionally contain typographical errors, inaccuracies, or omissions related to various aspects, including descriptions, pricing, and availability. We hold the right to rectify any such errors, inaccuracies, or omissions and to modify or update Site information at our discretion, without any prior notification.

DISCLAIMER

The Site and our services are offered on an "as-is" and "as-available" basis. Your use of the Site is solely at your own risk. We expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the Site's content or any linked websites.

We are not liable for:

• Errors, inaccuracies, or omissions in content and materials.
• Any harm or damage resulting from your use of the Site.
• Unauthorized access to our servers or any personal or financial information stored therein.
• Interruptions or transmission issues related to the Site.
• Malicious software introduced through the Site or by third parties.
• Loss or damage from content posted or made available on the Site.

We do not endorse, warrant, or assume responsibility for third-party products or services offered or advertised on the Site or through linked websites. Transactions with third-party providers are solely between you and the third party.

Always exercise caution and use your best judgment when interacting with the Site or making purchases.

LIMITATIONS OF LIABILITY

We, along with our directors, employees, and agents, are not responsible for any damages you or any third party might experience as a result of using the Site. This includes, but is not limited to, direct, indirect, incidental, special, consequential, or exemplary damages, even if we've been made aware of the potential for such damages.

Regardless of any other provisions in these terms, our maximum liability to you will always be the lesser of: the amount you've paid us in the last twelve months or $100.

However, some jurisdictions have laws that prevent certain limitations or exclusions of liability. If you're in one of those jurisdictions, the above limitations or exclusions might not apply to you, and you might have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We collect and store certain data that you provide to the Site, as well as data related to your Site interactions. This is essential for the effective management and operation of the Site. While we take measures to back up this data regularly, it's important to note that no system is infallible.

You are ultimately responsible for any data you send to the Site or that is associated with your activities on the Site. In the event of data loss or corruption, we cannot be held liable. By using the Site, you acknowledge this and release us from any claims related to data loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

For residents of California, if you feel that any grievance with us hasn't been adequately addressed, you have the right to seek assistance from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach out to them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834. Alternatively, you can contact them via telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

This agreement, represented by these Terms of Use and any additional guidelines or rules we post on the Site, embodies the entire understanding between you and us. If we don't enforce a specific right or provision immediately, it doesn't mean we've waived our right to do so in the future.

These Terms of Use are enforceable to the maximum extent allowed by law. We reserve the right to transfer or delegate our rights and duties under this agreement to any other party. We're not accountable for any delays or failures due to circumstances beyond our reasonable control.

If any part of these Terms of Use is found to be invalid or unenforceable, that part will be considered separate, leaving the rest of the terms intact and enforceable.

Using this Site doesn't establish any form of partnership, employment, or agency relationship between you and us. And remember, these Terms of Use won't be interpreted against us just because we drafted them.

By agreeing to these Terms of Use, you acknowledge their electronic format and dismiss any rights or requirements you might have for the terms to be in a non-electronic format or to be physically signed by both parties.

Contact Information

If you have any questions or comments about these terms, our practices, or your dealings with our services, please do not hesitate to contact us:

Phone: +1-415-903-0066
Website: https://www.fixyoursurface.com/contact
Email: support@fixyoursurface.com