My Old House Fix provides a collection of online resources, including classified ads, forums, catalogs, and various email services available on or through My Old House Fix (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular My Old House Fix services, you agree to abide by any applicable posted guidelines for all My Old House Fix services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
My Old House Fix reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to My Old House Fix in its sole discretion. Although My Old House Fix attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against My Old House Fix for failing to adequately screen potential users or prevent the use of My Old House Fix or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of My Old House Fix to post content, or if you imply consent that My Old House Fix may post content on your behalf, either by written or oral means, or you fail to inform My Old House Fix that content should be removed, you are equally responsible for the content. You waive any and all claims against My Old House Fix of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on My Old House Fix. You understand that My Old House Fix does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, My Old House Fix and Content available through the Service may contain links to other websites, which are completely independent of My Old House Fix. My Old House Fix makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will My Old House Fix be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that My Old House Fix does not pre-screen or approve Content, but that My Old House Fix shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
My Old House Fix and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of My Old House Fix, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for My Old House Fix to verify information provided by the seller of any item.
You agree that My Old House Fix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that My Old House Fix is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release My Old House Fix, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to My Old House Fix’s agent for notice of claims of copyright or other intellectual property infringement:
by email:
hello@myoldhousefix.com
Please include the following with your Notice to our Abuse Agent:
The identity of the material on My Old House Fix that you claim is infringing, in sufficient detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your address, telephone number, and email address;
A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.
My Old House Fix may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by My Old House Fix’s Privacy Policy.
You agree not to post, email, or otherwise make available Content:
Additionally, you agree not to:
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on My Old House Fix’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from My Old House Fix. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from My Old House Fix.
You understand and agree that sending unsolicited email advertisements to My Old House Fix email addresses or through My Old House Fix computer systems is expressly prohibited by these TOU. Any unauthorized use of My Old House Fix computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
You acknowledge that My Old House Fix may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that My Old House Fix has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that My Old House Fix reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that My Old House Fix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
My Old House Fix grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by My Old House Fix. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
My Old House Fix does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by My Old House Fix to do so. You may create a hyperlink to the home page of My Old House Fix, so long as the link does not portray My Old House Fix, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
My Old House Fix may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. My Old House Fix permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “My Old House Fix” as the source, (d) your use or display does not suggest that My Old House Fix promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden My Old House Fix’s systems. My Old House Fix reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by My Old House Fix immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from My Old House Fix that has been signed by one of My Old House Fix’s authorized representatives.
You agree that My Old House Fix, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if My Old House Fix believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that My Old House Fix shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of My Old House Fix. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of My Old House Fix, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. My Old House Fix, as well as certain other of the names, logos, and materials displayed on My Old House Fix, constitute trademarks, trade names, service marks or logos (“Marks”) of My Old House Fix or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with My Old House Fix or those other entities.
Although My Old House Fix does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to My Old House Fix an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant My Old House Fix all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
YOU AGREE THAT USE OF My Old House Fix AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. My Old House Fix AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, My Old House Fix DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF My Old House Fix AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, My Old House Fix DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON My Old House Fix OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON My Old House Fix OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, My Old House Fix DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH My Old House Fix OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM My Old House Fix, My Old House Fix OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL My Old House Fix BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF My Old House Fix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF My Old House Fix OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF My Old House Fix OR THE SERVICE, FROM INABILITY TO USE My Old House Fix OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF My Old House Fix OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH My Old House Fix OR THE SERVICE OR ANY LINKS ON My Old House Fix OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH My Old House Fix OR THE SERVICE OR ANY LINKS ON My Old House Fix. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold My Old House Fix, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and My Old House Fix and governs your use of the Service, superseding any prior agreement between you and My Old House Fix. The failure of My Old House Fix to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU by sending an email to hello@myoldhousefix.com .
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for My Old House Fix to pursue legal action to enforce the TOU, you will be liable to pay My Old House Fix the following amounts as liquidated damages, which you accept as reasonable estimates of My Old House Fix’s damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay My Old House Fix one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If My Old House Fix establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay My Old House Fix one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access My Old House Fix in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to My Old House Fix email addresses or through My Old House Fix computer systems, you agree to pay My Old House Fix twenty five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay My Old House Fix one hundred dollars ($100) for each item of Content posted. In its sole discretion, My Old House Fix may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay My Old House Fix one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay My Old House Fix an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without My Old House Fix’s express written permission, you agree to pay My Old House Fix three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, My Old House Fix retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
We welcome your questions and comments. Please send them to hello@myoldhousefix.com .
My Old House Fix offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of My Old House Fix and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
Use of the Programs are at your sole risk. My Old House Fix and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
- In no event will My Old House Fix’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.
- My Old House Fix and its Affiliates do not provide, nor will they provide, any service to or for you, nor is My Old House Fix and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
For Professionals:
a) the Programs
b) the Consumers
c) the agreement between you and the Consumer.
My Old House Fix, its Officers, Directors, Members and Employees, as well as My Old House Fix Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
a) your use of the Programs
b) the engagement of you by any Consumer
c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like
d) any other matter relating to the Programs.
- In no event will My Old House Fix’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
- My Old House Fix and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
Questions about our services programs may be directed to: hello@myoldhousefix.com
My Old House Fix, its Officers, Directors, Members and Employees, as well as My Old House Fix Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
Legal Disclaimer: By logging in to your My Old House Fix account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and My Old House Fix. (“My Old House Fix”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to My Old House Fix the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on My Old House Fix and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website My Old House Fix at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but My Old House Fix retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for My Old House Fix to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my My Old House Fix account with any updates to the Content necessary to keep such Content accurate and representative of my products. My Old House Fix and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
3) Fees:
(a) Membership: Price as stated on My Old House Fix at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
4) Length of Contract: This Agreement is valid up to and until I cancel my account.
5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, My Old House Fix may attempt to contact me to determine updated account information. My Old House Fix will wait thirty (30) days before canceling my membership.
6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. My Old House Fix may terminate this agreement at will. In the event My Old House Fix terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.
End Agreement.
TERMS & CONDITIONS
The following Terms & Conditions are entered into by and between You and My Old House Fix, LLC (“Company”, "us", "we", or "our") which owns and operates http://www.MyOldHouseFix.com (the "Site").
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), are a binding agreement and govern your access to and use of the Site including any content, product, functionality and services offered or purchased on or through the Site.
Please read these Terms and Conditions carefully before you start using the Site.
By visiting and using the Site or by clicking to accept or agree to the Terms &Conditions when this option is made available to you, you indicate that you accept and agree to be bound and abide by these Terms & Conditions and any documents incorporated herein by reference. If you do not agree with these Terms & Conditions, you must cease usage of the Site, or any related services, immediately.
This Site is intended for individuals who are 18 years of age or older.
By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.
CONTENT
All information on this Site, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by My Old House Fix, with the exception of the content you submit to us set forth in the section below.
The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any owner ship rights to the Content of our Site.
The reproducing in any format (including on another website) of any part of our Site (including content, images and designs) without our prior written consent is strictly prohibited.
Requests for prior written consent should be addressed to the following email: Hello@myoldhousefix.com
You may provide links to our Site as long as
a) you clearly give credit to us as the author,
b) include a hyperlink to our Site,
c)you do not remove or obscure any portion of our Site by framing or otherwise,
d) your website does not engage in illegal or pornographic activities, and
e)provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not provide links in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.
You must not provide links from any website that is not owned by you.
You must cease providing links to our Site immediately upon our request.
RELIANCE ON CONTENT
The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.
Please refer to our Disclaimers for further information. Disclaimers: https://myoldhousefix.com/disclaimers/
Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.
CONTENT YOU SUBMIT TO US
You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).
You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.
You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.
You represent and warrant that
• the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above
• the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,
• the content you submit to us does not result in a breach of contract between you and a third party,
• the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.
You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.
NO WARRANTIES
We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OFLIABILITY
To the maximum extent permitted by applicable law, in no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.
You expressly acknowledge and agree that our company its directors, employees, or agents
shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other in tangible loss.
PROHIBITED USE
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.
You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transferor sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.
You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.
COMMENTS
When you leave a comment on our Site, your comment will be publicly available to other visitors of this Site.
For spam detection purposes, we collect the data shown in the comments form, and also your IP address and browser user agent string in accordance to our Privacy Policy https://myoldhousefix.com/privacy-policy/
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here:https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you leave a comment on our Site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
Your comment may be checked through an automated spam detection service.
You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
We reserve the right to remove any comment that we determine to be unlawful, inappropriate, offensive or otherwise objectionable or in violation of intellectual property laws or these Terms& Conditions.
PRIVACY POLICY
While using the Site, you may provide certain personally identifiable information, such as your name, email address or IP address.
We process information about you in accordance with our Privacy Policy. https://coldhouse.wpapps.host/privacy-policy/(placehyperlink to your Privacy Policy).
By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
LINKS TO THIRD PARTY SITES AND SERVICES
This Site may contain links to third-party sites and services.
We have no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.
We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms & Conditions.
EMBEDDED CONTENT FROM OTHER SITES
Content on this Site may include embedded content (e.g. videos, images, articles, etc.).
Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.
These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.
AFFILIATE LINKS
We may have a financial relationship with some of the merchants we mention.
This Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Our editorial content, including the opinion we express on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.
We only endorse products, services and merchants that we have personally used/tested and consider of the highest quality standard.
Please refer to our Disclosures for further information: https://myoldhousefix.com/disclosures/
INTELLECTUALPROPERTY
The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be copied, reproduced, given away, or used to create derivative works without our expressed written permission.
When using the Site, purchasing a digital product or course from the Site or downloading digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.
You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:
- modify, copy, reproduce or sell the materials;
- use the materials for any commercial purpose;
- decompile or reverse engineer;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person;
- create derivative works based upon the materials;
- offer any competing products based upon the materials.
CONFIDENTIALITY
You acknowledge and agree that Confidential Information maybe exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.
You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these Terms & Conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses andother liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.
REFUND AND RETURN POLICY
GOVERNING LAW
These Terms of Use and any dispute or claim arising from or in connection with them shall be governed in accordance with the laws of Michigan and the United States.
MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW THEM CAREFULLY.
In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Ann Arbor, Michigan. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Michigan. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. The Parties further waive any rights to pursue or participate in a class or collective action.
INDEMNIFICATION
You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from and against any and all legal claims, demands, liability, loss, claim, and expense, including reasonable attorney fees, court costs and other legal expenses, which may arise from or relate to your violation of these Terms& Conditions, any act or omission in connection with your use of our Site, or your infringement, of any intellectual property or other right of any person or entity.
AMENDMENTS
We reserve the right to revise these Terms &Conditions at any time by amending this page.
All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes.
If you do not agree with the changes to these Terms &Conditions, you can choose to discontinue the use of our Site.
ENTIRE AGREEMENT;MODIFICATION
These Terms &Conditions constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede and replace all prior or contemporaneous oral and written agreements relating tot he subject matter hereof.
No portion or provision of these Terms & Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled or terminated orally or by any course of dealing, or in any manner other than upon written notice.
COUNTERPARTS
These Terms &Conditions may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Terms &Conditions.
ASSIGNMENT
Neither these Terms &Conditions nor any of the rights, interests or obligations granted hereunder shall be assigned, sold, leased or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the foregoing, these Terms& Conditions will be binding upon, inure to the benefit of, and been forceable by, the parties and their respective successors and assigns.
SEVERABILITY
Any provisions of these Terms & Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such condition, the remainder of these Terms & Conditions shall continue in full force and shall be enforced to the maximum extent possible.
NO WAIVER
The failure to exercise any right, power or remedy provided under these Terms & Conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
HEADINGS AND CAPTIONS
The headings and captions in these Terms & Conditions are included for convenience of reference only and in no other way define, limit or delineate any of the provisions hereof or otherwise affect their construction or effect.
FORCE MAJEURE
Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Not withstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
TERMINATION
We reserve the right to terminate your rights under these Terms & Conditions without notice if you fail to comply with any of these Terms & Conditions.
Last updated: 04/17/2022
