DIV#page_1 style=("padding: 15px;") 
  P.p0.ft1
    | USER AGREEMENT FOR 
    SPAN.ft0 BY SERVICECHANNEL
  P.p1.ft2 This is an important document, which you must review carefully before considering becoming a Fixxpert by ServiceChannel
  P.p2.ft2 This Agreement was last modified on July 2014.
  P.p3.ft2 THE FOLLOWING DESCRIBES THE TERMS ON WHICH SERVICECHANNEL OFFERS YOU ACCESS TO OUR FIXXPERT CONSULTING PROGRAM ON OUR FIXXBOOK WEBSITE
  P.p4.ft3 Acceptance of User Agreement
  P.p5.ft4 This user agreement ("User Agreement" or "Agreement") is a contract between you and ServiceChannel, trading as Fixxbook, ("Fixxbook", "we" or "us") which operates the www.Fixxbook.com website ("Site"). The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement. This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and ServiceChannel as to its subject matter.
  P.p6.ft2 If you do not agree to any of these terms and conditions, you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your Fixxbook account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
  P.p7.ft5 Amendment of User Agreement
  P.p8.ft2 Fixxbook may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.
  P.p7.ft4 1. ELIGIBILITY
  P.p9.ft4
    | Fixxbook offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular Fixxpert applicant or site for participation in the service. Fixxbook reserve the right to conduct background checks on you, including through a
    NOBR third-party
    | service. Fixxbook may seek to verify your employment history, education credentials, and check for any criminal history. Fixxbook may seek to verify the duration and accurate invoicing and description of Projects you conduct for Hirers.
  P.p10.ft6 The Site is available only to individuals or corporate entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this Site are not available to persons under 18 years of age. If Users do not qualify, they cannot use any of Fixxbook's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us.
  P.p11.ft7 If you are currently employed you may only join as a Fixxpert if you are permitted to do and have obtained all necessary consents or waivers from your employer. Prior to joining as a Fixxpert you must review employment agreements, employee manuals, codes of conduct, consulting agreements and other similar policies and agreements (if any) to ensure you are able to participate in the Fixxpert program. You should also consider contacting appropriate persons within the firm(s) you have consulted for or your organization (if applicable) to confirm that your participation is permissible and to receive any consents required. It is your responsibility to determine whether it is appropriate for you to join Fixxbook as a Fixxpert Consultant.
  P.p12.ft6 2. USERS
  P.p13.ft6 The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason. Fixxbook.s provides a venue to introduce Users who wish to provide professional services ("Fixxpert") and Users who seek such professional services ("Hirers")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.
DIV#page_2
  P.p0.ft6 3. LEGAL RELATIONSHIP BETWEEN YOU AND FIXXBOOK
  P.p0.ft6 3.1 Termination
  P.p14.ft4 Fixxbook reserves the right to terminate the participation of any User without reason but expressly including any User that Fixxbook judges to be in violation of the User Agreement. Without limiting the foregoing, Fixxbook may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
  P.p15.ft6 3.2 Relationship between Users
  P.p0.ft4 The only parties to a project are the Fixxpert and the Hirer. Upon the Hirer awarding a project to a Fixxpert and the
  P.p0.ft6 Fixxpert’s acceptance of a project on the Site, the Hirer agrees to purchase, and the Fixxpert agrees to deliver the
  P.p9.ft4 Provider Services in accordance with the Fixxbook user agreement available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Fixxpert and Hirer uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.
  P.p16.ft6 You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.
  P.p17.ft6 3.3 User Responsibilities
  P.p0.ft6 The responsibilities of the Fixxpert and Hirer are set out in the User Agreement between Fixxpert and Hirer.
  P.p18.ft4 When you enter into a transaction, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.
  P.p19.ft4 You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as a Hirer or Fixxpert, or in any other uses you make of the Site.
  P.p20.ft6 If another user breaches any obligation to you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Fixxbook has no responsibility for enforcing any User rights.
  P.p17.ft6 3.4 No Insurance
  P.p21.ft4 Fixxbook does not offer any form of insurance or other Hirer or Fixxpert protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Hirers and Fixxperts. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarize yourself with these before proceeding with a transaction of any kind through the Site. A Fixxpert may qualify for insurance coverage for site visits and can apply for this coverage.
  P.p22.ft4 Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity. 3.5 Independent Contractors
  P.p23.ft6 Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
  P.p17.ft4 3.6 Services offered by Fixxbook
  P.p24.ft4
    | Fixxbook offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Fixxperts and to enable Fixxperts to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a
    NOBR non-exclusive,
    NOBR non-transferable,
    | and non- assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
  P.p25.ft4 Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and Fixxbook and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
  P.p26.ft6 3.7 Terms of use
  P.p0.ft6 The User understands and agrees to the following terms:
  P.p27.ft4 Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that Fixxbook is not involved in the actual information transaction between the Fixxperts and Hirers. As a result, Fixxbook has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Fixxperts to provide the services or the Hirers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
  P.p28.ft8 Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory
DIV#page_3
  P.p29.ft4
    | nature. This information is provided solely for informational and general
    NOBR non-advisory
    | purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that Fixxbook provides should not be considered professional, medical, legal, technical, or any other
    NOBR discipline-specific
    | advice.
  P.p30.ft4
    | The Site is a dynamic
    NOBR time-sensitive
    | web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Fixxbook or accidentally or purposefully by a
    NOBR third-party,
    | regardless of whether such third parties are with or without a legitimate business purpose.
  P.p31.ft4
    | Fixxbook provides unmonitored access to
    NOBR third-party
    | content. Fixxbook is only acting as a venue and/or portal, and has no liability based on, or related to, the
    NOBR third-party
    | content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to
    NOBR third-party
    | web sites. Fixxbook does not control nor always review the web sites to which we link from the Site. Fixxbook, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
  P.p32.ft4 Fixxbook does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Fixxbook expect that the User will undertake necessary activities and practices and will use caution and common sense when using Fixxbook for User's Account. 4. FEES
  P.p33.ft6 All fees are set forth as stated in this section
  P.p34.ft4 Base transaction fees from Fixxpert for hourly projects are 10% of Fixxperts invoiced amount payable to Fixxbook. Fixxperts set their hourly rate at time of registration. 1 hour minimum.
  P.p18.ft6
    | Base fees for
    NOBR on-going
    | project management work is negotiated and added to actual invoiced amount for goods and services split between the Fixxpert and Fixxbook.
  P.p35.ft6 All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
  P.p27.ft4 Fixxbook earns fees for creating, hosting, maintaining, marketing and providing the Site, and for all Services delivered by Fixxbook that are accessible through the Site and to cover expenses and fees Fixxbook incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, Fixxbook transfers the remaining payment amount to the Fixxpert.
  P.p36.ft4 Fixxbook charges fees in relation to the project to the Fixxpert;; and other miscellaneous fees that are described on the Site.
  P.p37.ft6 Users must agree to these fee terms to use the site.
  P.p0.ft6 We operate through an escrow service to protect all parties
  P.p27.ft4
    | 4.1 Fixxbook does operate an escrow service. Fixxbook does have two payment methods. (1) Payment at completion, when the Hirer awards a project to a Fixxpert the fee is
    NOBR pre-negotiated
    | and payable in full through Fixxbook escrow process at the completion of project and approval by the Hirer. (2)
    NOBR Pre-Payment,
    | a special, non- compulsory feature, which allows controlled payments to be made with respect to a project to a Fixxpert. At your request, Fixxbook will accept an
    NOBR pre-authorized
    | credit card or advance payment from a Hirer for a project. We will hold such funds ("Progress Payments") until the Hirer and the Fixxpert agree that the funds should be released to the Fixxpert or until the Hirer and the Fixxpert have concluded the process of the Dispute Resolution Services (as defined below) Once a Hirer instructs Fixxbook to pay a Fixxpert that performed a service for him/her, the Hirer acknowledges that the Fixxpert has completed the service fully and satisfactory.
  P.p38.ft6 Fixxbook will then disburse the Progress Payment to the Fixxpert. If a Hirer does not approve of the Fixxpert.s work product, the Parties agree to be bound by the terms of the Dispute Resolution Services set out below.
  P.p17.ft6 5. Inactive Users
  P.p18.ft4 In the event that the Hirer has not provided any instruction to Fixxbook with respect to a Progress Payment within 1 year after the day that the Progress Payment was made, and has not logged in during that time period, such Progress Payment will be refunded to the User account of the person who initially paid it.
  P.p39.ft6 6. ACCOUNTS
  P.p0.ft6 6.1 Opening Account
  P.p5.ft4 To become a User and access the Site and Services you must register for an "Account.. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
  P.p39.ft6 6.2 Accounts
  P.p40.ft9 You agree that you will not receive interest or other earnings on the funds that Fixxbook handles as your contractor. Fixxbook may receive interest on those funds. Fixxbook will not be liable for any lost interest on such funds.
  P.p8.ft6 All amounts are stated in and all payments will be made in US funds. Fixxbook reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Fixxbook account or face account termination and any other remedies available to Fixxbook to recover the funds.
DIV#page_4
  P.p29.ft4 Any User that Fixxbook removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
  P.p8.ft4 Fixxbook requires you to make all payments to Fixxbook and to make payments to and accept payments from other Users in the purchase and sale of Services for Fixxbook projects directly through the mechanisms available on the Site. You understand and agree that Fixxbook will not hold funds (including Progress Payments) delivered to Fixxbook from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of Fixxbook in any account, at any institution, or in any other manner Fixxbook may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by Fixxbook for general corporate purposes or otherwise, provided that Fixxbook will remain contractually obligated to make payment to you, as a Fixxpert or Hirer, for any purchases and sales of Services provided by you through Fixxbook. To the extent Fixxbook is obligated to make payment to you, you will be an unsecured creditor of Fixxbook.
  P.p7.ft6 6.3 Acknowledgement
  P.p13.ft4 You acknowledge that: (1) Fixxbook is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown as on deposit, including Progress Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of Fixxbook to the User with respect to the purchase and sale of Services through Fixxbook; (3) Fixxbook is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute an escrow. By initiating and sending payments through Fixxbook, you appoint Fixxbook as your agent to obtain the funds and hold and to transfer such funds to the Fixxpert or Hirer for Services, subject to these terms and conditions.
  P.p41.ft4 6.4 Inactive Accounts
  P.p8.ft6 User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$0 per month until either the Account is terminated or reactivated.
  P.p0.ft4 Fixxbook reserves the right to cancel Inactive Accounts with a nil or negative balance.
  P.p17.ft10 6.5 Chargebacks
  P.p23.ft11 You acknowledge and agree that any chargebacks (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Hirers through the Site are your responsibility and you will not hold Fixxbook liable for such. You agree that Fixxbook may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, Fixxbook assesses a US$20.00 fee to Users for credit and debit card payment chargebacks.
  P.p33.ft10 6.6 Insufficient funds in Accounts
  P.p42.ft10 If there are not sufficient funds in your User Account to meet outstanding fees and charges, Fixxbook reserves the right to collect any amounts owing to Fixxbook by any other legal means.
  P.p0.ft6 6.7 Taxes
  P.p43.ft4 You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Fixxbook. These taxes will be added to fees billed to you, if applicable.
  P.p39.ft6 7. AVOIDING COMMISSIONS
  P.p0.ft6 7.1 Prohibition on negotiation of fee outside of Site
  P.p8.ft4
    | You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of Fixxbook) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). You are strictly prohibited from
    NOBR under-bidding
    | on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at Fixxbook, and such activities interfere with providing such a marketplace. Fixxbook charges project commissions on all funds received by either Direct or Progress Payment through the site, regardless of the final bid amount.
  P.p44.ft6 We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or negioation of services outside the Site.
  P.p17.ft6 7.2 Email
  P.p14.ft4
    | Users agree not to post their
    NOBR e-mail
    | address on the site, except in the
    NOBR "e-mail"
    | field of the signup form, or when asked by Fixxbook at any other time. There should be no need to give anyone your
    NOBR e-mail
    | address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to
    NOBR e-mail
    | addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
  P.p15.ft6 7.3 Providing contact information
  P.p45.ft4 You are prohibited from making direct contact with another User, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for.
  P.p17.ft6 8. USER CONTENT
  P.p46.ft2 The User is solely responsible for content or any other information the User provides to Fixxbook. User understands and agrees to the following:
DIV#page_5
  P.p8.ft4 Fixxbook is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Fixxbook has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Fixxbook, harm its business operation or reputation, or cause Fixxbook to lose the services of its suppliers.
  P.p47.ft4 User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  P.p48.ft4
    | By submitting User content to Fixxbook (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to Fixxbook). You hereby grant to Fixxbook a worldwide, perpetual, irrevocable,
    NOBR royalty-free
    | license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of Fixxbook (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
  P.p49.ft6 No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.
  P.p39.ft6 9. USER RESTRICTIONS
  P.p0.ft4 9.1 Advertising
  P.p50.ft6 Users are prohibited from advertising a website on the Site. Any URL posted in a project description must relate to a project on Fixxbook. An example of a permissible URL would be a User's portfolio or resume page.
  P.p0.ft6 9.2 Hirer
  P.p0.ft6 The Hirer agrees that:
  P.p24.ft4 The Hirer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
  P.p17.ft6 The Hirer will not use the Hirer's Account to post false or misleading project descriptions.
  P.p51.ft6 The Hirer will not post project descriptions that, in the judgment and discretion of Fixxbook, are inappropriate to Fixxbook's audience, viewers, or visitors in the judgment and discretion of Fixxbook.
  P.p35.ft4 The Hirer agrees to pay featured project fees to the Fixxpert for services provided either hourly or full time fixed amount
  P.p17.ft6 The Hirer will not falsify the Hirer's own or any other identity.
  P.p52.ft6 The Hirer will comply with all of Fixxbook's policies as posted on the Site from time to time. 9.3 Fixxpert
  P.p0.ft4 The Fixxpert agrees that:
  P.p53.ft6 The Fixxpert will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
  P.p54.ft6 The Fixxpert agrees to pay commission to ServiceChannel The Fixxpert will not falsify Fixxpert's own or any other identity.
  P.p0.ft4 The Fixxpert will comply with all Fixxbook policies as posted on the Site from time to time.
  P.p55.ft6
    SPAN.ft6 9.4
    SPAN.ft12 General restrictions Users agree that:
  P.p56.ft6 Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of Fixxbook.
  P.p57.ft4 Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
  P.p58.ft6 Users will not contact employers or Fixxperts through the Site or through information gained from our Site with the intent of subverting them from using our Services.
  P.p59.ft6 Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
  P.p57.ft4 Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.
  P.p57.ft6
    SPAN.ft6 9.5
    SPAN.ft12 Consequences of termination
  P.p13.ft6 In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from Fixxbook.
  P.p40.ft8 Without limiting Fixxbook's other remedies, to the extent you are in violation of this User Agreement, you must pay Fixxbook for all fees owed to us and reimburse us for all losses and costs (including any and all Fixxbook employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. You and Fixxbook agree that the damages that Fixxbook will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Fixxbook may fine you up to US$1,000.00 for each such violation and/or Fixxbook
DIV#page_6
  P.p8.ft4
    | may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$1,000.00 is presently a reasonable
    NOBR pre-estimate
    | or minimum estimate of Fixxbook's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to Fixxbook that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
  P.p60.ft4 You agree that Fixxbook is entitled to deduct such charges directly from any existing balance in the offending Account, or any other Fixxbook Account owned by you.
  P.p61.ft6 Users that are terminated by Fixxbook on any basis other than violation of this User Agreement will be entitled to receive any payment due from Fixxbook.
  P.p8.ft6 In the event of termination, you will have no claim whatsoever against Fixxbook in respect of any such suspension or termination of your membership.
  P.p62.ft4
    SPAN.ft4 10.
    SPAN.ft13 DISPUTE RESOLUTION SERVICES 10.1 Dispute resolution services
  P.p63.ft4 Fixxbook does no offers the Dispute Resolution Services. You agree and acknowledge that (i) Fixxbook is not providing legal services,(ii) Fixxbook will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Fixxbook for any such counsel. You agree to indemnify and hold harmless Fixxbook and any of our affiliates against any damages or liability you may suffer as a result of using the Progress Payments and/or Dispute Resolution Services.
  P.p64.ft6 In the event of any dispute between a Hirer and a Fixxpert it is agreed by You that You will make every endeavor at fair play and work together to come to a reasonable and fair demands/offers.
  P.p57.ft4 10.1 Fixxbook not a party to disputes
  P.p40.ft4 Any disputes regarding arrangements between Fixxperts and Hirers remain solely between Hirers and Fixxperts. We are not involved in any transactions between you and any other users of Fixxbook. You acknowledge and agree that Fixxbook will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release Fixxbook from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
  P.p65.ft6
    SPAN.ft6 11.
    SPAN.ft12 REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
  P.p27.ft4 Your personal information will be processed by Fixxbook in order to fulfill the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing your services, offers and new products. Your personal information may also be transferred between Fixxbook and any associated entity within the ServiceChannel organization. By entering into this agreement, You hereby approve such processing of your personal information as set forth above. The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below. Fixxbook discloses sensitive personal information only if required to comply with legal obligations or with your consent.
  P.p33.ft6 12. TRADEMARKS
  P.p66.ft4 Fixxbook and Fixxpert are trademarks of ServiceChannel.com 13. COPYRIGHT
  P.p17.ft6 13.1 Copyright of Fixxbook
  P.p67.ft6 The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Fixxbook and are protected by United States of America and international copyright laws.
  P.p0.ft4 13.2 Copyright infringement
  P.p9.ft6 It is our policy to respond to clear notices of alleged copyright infringement. Our policy, set out below, is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
  P.p0.ft6 13.3 DMCA Digital Millennium Copyright Act (United States)
  P.p14.ft4 The Digital Millennium Copyright Act 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
  P.p9.ft4 Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").
  P.p68.ft6 As the owner of the Site, we are committed to complying with the DMCA. Upon receipt of a properly filed complaint under the DMCA, we will block access to the allegedly infringing material. We will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a notice as set out below.
DIV#page_7
  P.p69.ft6 14.4 DMCA Notice
  P.p70.ft4 If you believe that your copyrighted works are contained on our system and you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, then we want you to know the proper procedure for notifying us. You should send us a written notice which contains the following:
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    SPAN.ft14 
    SPAN.ft15 Identification of the copyrighted work(s) claimed to have been infringed.
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    SPAN.ft14 
    SPAN.ft15 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
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    SPAN.ft14 
    SPAN.ft15 Information reasonably sufficient to permit us to locate the material.
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    SPAN.ft14 
    SPAN.ft15 Information reasonably sufficient to permit us to contact you, such as a physical address, telephone number, and, if available, an electronic mail address.
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    SPAN.ft16 
    SPAN.ft15 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, your agent, or the law.
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    SPAN.ft16 
    SPAN.ft15 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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    SPAN.ft17 
    SPAN.ft18 A physical signature. You must be a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (Together, .Notice..)
  P.p77.ft4 The Notice specified above is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
  P.p78.ft4 Your Notice to us should be sent to us via a reliable means to "Legal Department - DMCA Compliance" at the address in our .contact us. section of the Site. Generally, you should use certified mail or a carrier that provides not only delivery confirmation but that also requires a signature. While you may email us or call us, this does not constitute a proper Notice to us.
  P.p79.ft6 In appropriate circumstances, we will terminate the membership of Users that are repeat infringers. If you believe that a User is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the User is a repeat infringer.
  P.p80.ft4 Once we receive your Notice we will follow the procedures outlined above and in the Digital Millennium Copyright Act
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    | (United States). 13.5
    NOBR Counter-notice
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    | If a Notice has been filed with us against you, the owner will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a
    NOBR counter-notice
    | with us. If we receive a valid
    NOBR counter-notice,
    | the DMCA provides that the removed or blocked information will be restored or access
    NOBR re-enabled.
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    | We will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the
    NOBR counter-notice,
    | unless we first receive notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Site.
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    | Please be advised that United States copyright law provides substantial penalties for a false
    NOBR counter-notice
    | filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you obtain legal advice.
  P.p85.ft6 14. NO WARRANTY
  P.p82.ft4 Fixxbook is not involved in the actual consulting services between Fixxperts and Hirers. Our Services, the Site and all content on it are provided on an .as is. basis and without warranties of any kind either express or implied. Without limiting the foregoing, Fixxbook does not represent or warrant that:
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    | the Site will be accurate, reliable, uninterrupted, secure or
    NOBR error-free;
    | defects in the Site will be corrected;
  P.p69.ft4 the Site or the server that makes it available are free of viruses or other harmful components.
  P.p87.ft4
    | To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and
    NOBR non-infringement.
    | For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in America. If you are considered a consumer under an American consumer protection law that applies to Fixxbook, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit the website of your state fair trading agency.
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    | To the extent that Fixxbook are able to limit the remedies available under this User Agreement, Fixxbook expressly limits its liability for breach of a
    NOBR non-excludable
    | condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Fixxbook's sole discretion):
  P.p89.ft2 (1) in the case of goods, any one or more of the following:
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    SPAN.ft14 
    SPAN.ft15 the replacement of the goods or the supply of equivalent goods;
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    SPAN.ft14 
    SPAN.ft15 the repair of the goods;
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    SPAN.ft14 
    SPAN.ft15 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
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  P.p57.ft2
    SPAN.ft14 
    SPAN.ft15 the payment of the cost of having the goods repaired; and
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    SPAN.ft14 
    SPAN.ft15 (2) in the case of services:
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    SPAN.ft14 
    SPAN.ft15 the supply of the services again; or
  P.p57.ft2
    SPAN.ft14 
    SPAN.ft15 the payment of the cost of having the services supplied again.
  P.p90.ft4 However, if you are considered a consumer under an American consumer protection law that applies to Fixxbook, and you use our Services for personal, domestic or household use, the above clause may not apply to you. For more information on consumer protection laws, please visit the website of your state fair trading agency.
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    SPAN.ft6 15.
    SPAN.ft12 LIMITATION OF LIABILITY 15.1 Limitation of liability
  P.p92.ft4 In no event shall Fixxbook, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
  P.p93.ft6 any indirect, special, incidental or consequential damages that may be incurred by you;
  P.p94.ft6 any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
  P.p83.ft4 any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site. The limitations on Fixxbook.s liability to you above shall apply whether or not Fixxbook, its affiliates or staff have been advised of the possibility of such losses or damages arising.
  P.p95.ft8 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Fixxbook and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation.
  P.p94.ft4 15.2 Jurisdiction Limitations
  P.p96.ft6 As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
  P.p94.ft6 15.3 Bar to action
  P.p97.ft4 Fixxbook may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Fixxbook for any matter arising out of any transaction or otherwise in respect of this User Agreement.
  P.p94.ft6
    SPAN.ft6 16.
    SPAN.ft12 INDEMNITY
  P.p98.ft4 You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
  P.p99.ft6 17. APPLICABLE LAW
  P.p100.ft4
    | Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of New York, America. You and Fixxbook irrevocably submit to the
    NOBR non-exclusive
    | jurisdiction of the courts of New York, America.
  P.p85.ft6 18. GENERAL
  P.p100.ft6 The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Fixxbook to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Fixxbook. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
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    | Please to contact
    //= succeed "report" do
      A href="http://www.fixxbook.com/"  http://WWW.FIXXBOOK.COM
    | violations of terms and conditions