Terms and Conditions

Terms and Conditions

Website Use Terms and Conditions

These website terms and conditions apply solely to websites owned or operated by Phonemax, LLC doing business as FixIT Mobile (“FixIT”).  Please note that certain other FixIT products and services may have additional terms and conditions regarding your use of those products and services, and nothing in these terms and conditions is intended to modify such additional terms and conditions.
IF YOU DO NOT AGREE TO THESE WEBSITE USE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS SITE.
Permission to make and internally use copies of the text, graphics, images, video and audio files and other information (“Content”) from this site is granted subject to the following:

  • Any copies shall be used only for your internal, non-commercial use;

  • Any copies must include the following copyright notice: “Copyright 2024 Phonemax, LLC dba FixIT Mobile.  All rights reserved”;

  • Permission is granted only to the person legally accessing this server and is not transferable to any other person.

  • You may not otherwise use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any Content from this site without the express prior written permission of FixIT.

Without this express prior written authorization of FixIT, you may not:

  • Use any data mining or crypto currency mining robots (“bots”), hardware or software modules that add a specific feature or service by plugging into an existing larger system (“plug-ins”), or other data gathering and extraction tools, scripts, applications, or methods on this site;

  • Use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site or activities conducted therein;

  • Take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;

  • Decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server;

  • Use any meta tags or any other “hidden text” utilizing FixIT’ name or any FixIT trademark without FixIT’ prior written permission;

  • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FixIT or use any FixIT trademark except as set forth in the foregoing limited license in these terms and conditions; or

  • Otherwise exceed your limited access to the site as authorized by FixIT.

FixIT reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions.  Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and FixIT reserves the right to take legal action.

The Content may contain other proprietary notices or describe products, services, processes or technologies owned by FixIT or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of FixIT or any third party.

User Name and Password

If you access the site anonymously, you may do so as a visitor and will not be required to create a user name.  However, in order to access certain services on the site, you will be required to provide specific information.  All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.  You are responsible for the security of your user name and password and will be solely liable for any use or unauthorized use under such user name and password.  We may suspend or terminate your user name and password at any time with or without notice.

Trademarks

FixIT Mobile is a trademark of FixIT, the FixIT service and product names in this site, and the other trademarks, logos, and service marks (collectively the “Trademarks”) used in this site are the property of FixIT or their respective owners.  Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right to use of FixIT Mobile or any other Trademark displayed in the site without the prior written permission of FixIT or its respective owner.

Consent to Monitoring and Disclosure

FixIT is under no obligation to monitor the Content and any other information residing on or transmitted to this server.  However, anyone using this server agrees that FixIT may monitor the server contents periodically to (1) comply with any necessary laws, regulations, or other governmental requests; (2) to operate the server properly or to protect itself and its users.  FixIT reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions.  Unauthorized use of this site or the network infrastructure and/or data display by a person or entity is not the authorized user of the account is illegal and FixIT reserves the right to take legal action.

Submission of Ideas

We welcome your comments about our site, products and services (“Comments”).  However, we ask you to limit your Comments to your experiences with our site, products and services.  Please do not send us any unsolicited creative ideas, suggestions, or materials, including but not limited to creative artwork, samples, feedback, data, answers, questions, comments, suggestions, plans, ideas for new products, promotions, product names, advertising campaigns, technologies or processes (“Ideas”).  The Comments and Ideas that you may submit shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by FixIT for any purpose whatever.  Please understand that
FixIT makes no assurances that your Comments and Ideas will be treated as confidential or proprietary.  Please also understand that FixIT shall be free to copy, use, modify, disclose and distribute your Comments and Ideas without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you.

Disclaimer of Liability

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY.  FIXIT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

FIXIT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER.

IN NO EVENT SHALL FIXIT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY.

No Warranties

Any FixIT material on this server may include technical inaccuracies or typographical errors.  THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NO ADVICE OR CONTENT GIVEN BY FIXIT, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.  NEITHER FIXIT NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Disclaimer of Endorsement

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by FixIT.  Product and service information is the sole responsibility of each individual vendor.  We encourage you to be aware when you site and to read the terms and conditions and privacy statements of each and every web site that you visit.  We are not responsible for the practices or the content of such other web sites.  For information on FixIT’s Privacy Policy, see our Privacy Policy.

Digital Millennium Copyright Act

Pursuant to Title II of the Digital Millennium Copyright Act (DMCA), all claims of copyright infringement for material that is believed to be residing on FixIT’s web site should be promptly sent in the form of written notice to Go Wireless, Inc. dba FixIT Mobile Legal Department at 9970 West Cheyenne Avenue, Las Vegas, Nevada 89129.

Valid notification must be a written communication that includes all of the following elements:

  • Signature of copyright owner or person authorized to act on behalf of the owner;

  • Identification of copyrighted work claimed to be infringed;

  • Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is FixIT policy that upon receipt of a valid DMCA notice, FixIT will remove or disable access to allegedly infringing material.

Changes

All information posted on the site is subject to change without notice.  In addition, these terms and conditions may be changed at any time without prior notice.  We will make such changes by posting them on the site.  You should check the site for such changes frequently.  Your continued access of the site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification

You agree to indemnify, defend and hold harmless FixIT, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these terms and conditions or applicable law.

Governing Law

Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the State of Nevada, without regard to the principles of conflict of law thereof.

 

Copyright 2024 Phonemax, LLC dba FixIT Mobile.  All rights reserved.
January 2024