Ah yes, the legal page. We know you can’t wait to read this scintillating bit of prose, but hey, if you’re into that kinda thing, go for it! It’s the place for cautionary stuff like:
- Please don’t follow our advice. If you choose to do so, it is at your own risk.
- Information on HomeFixated is highly likely to contain errors or inaccuracies.
- Home improvement can be dangerous, even downright life-threatening. If you’re not a pro, consult one before taking on any project.
- Some products we actually review based on our direct experience (these will typically have the word “review” in the title). Clever, huh?
- Many but not all “Buy Now” or similar links are affiliate links in which we might earn commissions ranging from several cents to multiple dollars! However, sadly, not enough to feed our children.
- Email, comments or posts sent to HomeFixated are considered our property and all correspondence is considered available for publication. We may also stroke and edit your correspondence lovingly while reciting “my precious” over and over again.
Our team of legal eagles said that the section above was barely worth the paper it’s printed on. Since it’s not technically printed on any paper, we figured they meant it in a bad way. So rather than rely on that iffy text above, you’ll find all our actual legal and terms of service info below. The lawyers say it’s super-important, so make sure you read every last word of it before venturing into the wilds of HomeFixated.com!
HomeFixated.com Terms of Service
Effective Date: 02/19/2026
Last Updated: 02/19/2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING HOMEFIXATED.COM (THE “WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
This Agreement is a legally binding contract between you (“You,” “Your,” or “Yourself”) and SituFix Ventures LLC, a California limited liability company, owner and operator of HomeFixated.com (“Company,” “We,” “Us,” or “Our”), governing your access to and use of HomeFixated.com, together with all information, content, products, tools, features, materials, and services made available to you through the Website by the Company or third parties (collectively, the “Website”).
These Terms, together with our Privacy Policy and any other policies, guidelines, or rules referenced herein, constitute the entire agreement between You and the Company regarding the Website and supersede all prior or contemporaneous agreements, understandings, representations, or communications, whether written or oral, regarding the same.
The Company reserves the right to update, change, or modify these Terms at any time and at its sole discretion, without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Website with an updated “Last Updated” date. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
1. Eligibility and Acceptance
By using the Website, You affirm that You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, and are fully competent to enter into and comply with this Agreement. If You are between thirteen (13) and eighteen (18) years of age, You may only use the Website with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on Your behalf. The Website is not directed at, and may not be used by, children under the age of thirteen (13). If We become aware that a user is under the age of 13, We will take steps to terminate that user’s access and delete any personal information collected.
2. Grant of Limited License
Subject to these Terms, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its content (including text, files, images, photographs, video, audio, data, software, and any other materials, collectively “Content”) solely for Your personal, non-commercial, informational purposes. This license does not include the right to collect, aggregate, copy, duplicate, display, or create derivative works from any Content, except as expressly authorized in writing by the Company. Any unauthorized use of the Website or its Content automatically terminates this license and may violate applicable copyright, trademark, and other laws.
3. Website Availability and Modifications
The Company will use commercially reasonable efforts to keep the Website operational. However, technical difficulties, routine maintenance, upgrades, security updates, force majeure events, and other circumstances beyond the Company’s reasonable control may result in temporary or prolonged interruptions. The Company reserves the right to modify, suspend, or discontinue the Website (or any part or feature thereof) at any time, with or without notice, for any reason. You agree that the Company shall not be liable to You or any third party for any modification, suspension, interruption, or discontinuance of the Website or any part thereof.
4. User Conduct and Restrictions
You agree to use the Website only for lawful purposes and in compliance with all applicable local, state, federal, and international laws, statutes, rules, and regulations. You shall not, and shall not permit or encourage any third party to:
- Upload, post, transmit, distribute, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Upload, post, or transmit any content that infringes upon any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Upload, post, or transmit any material that contains software viruses, worms, Trojan horses, or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- Access, probe, scan, or test the vulnerability of the Website or any associated system or network, or breach or circumvent any security or authentication measures;
- Use any robot, spider, scraper, data mining tool, offline reader, or other automated device, process, or means to access, retrieve, index, or harvest any Content, data, or information from the Website;
- Frame, mirror, or otherwise incorporate any part of the Website into any other website, application, or service without the prior written consent of the Company;
- Create a database by systematically downloading or storing any Content;
- Interfere with, disrupt, or create an undue burden on the Website, its servers, or the networks connected to it;
- Use the Website for any commercial purpose without the prior written consent of the Company, including the sale of access to the Website, the sale of advertising or promotions placed on or within the Website, or the collection of user data for commercial exploitation;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of any proprietary software or technology used in connection with the Website;
- Bypass or circumvent any measures the Company may use to prevent or restrict access to the Website;
- Attempt to take any action that, in the sole discretion of the Company, imposes or may impose an unreasonable or disproportionately large load on the Website’s infrastructure;
- Collect, harvest, or store personal information about other users without their express consent.
Violations of system or network security may result in civil or criminal liability. The Company reserves the right to investigate any suspected violations and to cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
5. Intellectual Property Rights
All Content available through the Website, except for User Generated Content (as defined below), is the property of the Company or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Nothing in these Terms grants You any right, title, or interest in or to the Website or any Content, except for the limited license expressly set forth in Section 2. All rights not expressly granted herein are reserved by the Company and its licensors.
6. Affiliate Disclosure and FTC Compliance
HomeFixated.com may contain affiliate links, sponsored content, product reviews, and other forms of commercial partnerships. When You click on affiliate links and make a purchase, the Company may receive a commission or other compensation at no additional cost to You. Product reviews, recommendations, and editorial content on the Website represent the honest opinions of the Company and its contributors. However, the presence of affiliate relationships, sponsorships, or advertising may influence which products are reviewed or how they are presented. For full disclosure information, please refer to our Disclosure Policy page. All such relationships comply with the Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials.
7. Third-Party Content and Links
The Website may contain content provided by third-party content providers (“Content Providers”) and hyperlinks to websites, applications, or services operated by third parties (“Third-Party Sites”). The Company does not control, endorse, sponsor, recommend, or otherwise accept responsibility for the content, accuracy, legality, privacy practices, or policies of any Third-Party Sites. Your access to and use of Third-Party Sites, including any information, content, products, or services therein, is solely at Your own risk and subject to the terms and conditions and privacy policies of those Third-Party Sites. The Company expressly disclaims all liability arising from Your use of any Third-Party Site or any content, products, or services obtained through Third-Party Sites.
The Company may derive its rights to certain Content from Content Providers for fixed periods of time. Certain Content may be removed or become unavailable at any time without notice due to licensing changes, legal requirements, or other reasons. Not all Content may be available in all countries or territories.
8. Third-Party Video Content
With respect to any Content on the Website that is provided via a third-party video platform (such as YouTube, Vimeo, or similar services), the Company does not host such content on its own servers and does not have the ability to permanently remove such content from the third-party platform. If You have a complaint regarding any such video content, You should contact the relevant third-party platform directly in accordance with that platform’s copyright policies. If You believe that Your copyrighted work is being displayed on the Website through a third-party player in a manner that constitutes copyright infringement, please: (a) contact the applicable third-party platform directly; and (b) send a notice to the Company in accordance with Section 9 below.
9. Digital Millennium Copyright Act (DMCA)
9(a). Notice of Copyright Infringement
If You are a copyright owner or an authorized agent thereof, and You believe that any Content on the Website infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3) (“DMCA”), by providing the Company’s designated Copyright Agent with a written notice containing the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material on the Website;
- Information reasonably sufficient to permit the Company to contact You, such as an address, telephone number, and email address;
- A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the notification is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
The Company’s designated Copyright Agent for notice of claims of infringement is:
SituFix Ventures LLC
Attn: DMCA Copyright Agent
2726 Shelter Island Dr., #130
San Diego, CA 92106
Only DMCA notices should be directed to the Copyright Agent. All other inquiries, feedback, comments, or requests for technical support should be directed through the HomeFixated Contact Form.
You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.
9(b). Counter-Notice
If You believe that Content You submitted to the Website was removed or disabled as a result of mistake or misidentification, You may file a counter-notification with the Company’s Copyright Agent. Your counter-notification must be in writing and must include the following:
- Identification of the specific URLs or other location of the material that has been removed or to which access has been disabled;
- Your full name, address, telephone number, email address, and, if applicable, your username on the Website;
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- A statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which the Company is located (or, if You reside outside the United States, to the jurisdiction of any judicial district in which the Company may be found), and that You will accept service of process from the person who provided the original DMCA notification or an agent of such person;
- Your physical or electronic signature.
Counter-notifications must be submitted from the email address associated with the user account, where applicable, to allow for verification. Send counter-notifications to the same Copyright Agent address listed above, with the subject line “DMCA Counter-Notice.”
Upon receipt of a valid counter-notification, the Company may forward a copy to the original complaining party. If the copyright owner does not file a court action seeking a court order against the content provider within ten (10) business days, the Company may, in its sole discretion, restore the removed Content or re-enable access to it within ten (10) to fourteen (14) business days after receipt of the counter-notification.
Please be aware that filing a false counter-notification may result in legal consequences. The Company enforces a repeat infringer policy and reserves the right to terminate the accounts of users who are found to be repeat infringers.
10. User Generated Content
10(a). Submissions
The Website may include features that allow You to submit, post, upload, or otherwise make available content, including comments, photographs, videos, articles, audio files, reviews, and any other materials (“User Generated Content” or “UGC”). You are solely responsible for all UGC that You submit, and You represent and warrant that: (i) You own or have all necessary rights, licenses, consents, and permissions to submit the UGC and to grant the licenses set forth herein; (ii) the UGC does not infringe, violate, or misappropriate any third party’s intellectual property rights, privacy rights, publicity rights, or other legal rights; (iii) the UGC complies with all applicable laws, rules, and regulations; and (iv) the UGC does not contain any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
10(b). License Grant
By submitting UGC to or through the Website, You hereby grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import the UGC, in whole or in part, in any form, format, or medium now known or hereafter developed, for any purpose, including commercial purposes. You irrevocably waive any and all moral rights, or any equivalent rights under applicable law, in and to the UGC.
10(c). No Obligation
The Company does not claim ownership of Your UGC. However, the Company has no obligation to post, display, or otherwise use any UGC, and reserves the right to remove, edit, or refuse to post any UGC at any time, in its sole discretion, without notice or liability. The Company has the right, but not the obligation, to monitor, review, screen, or otherwise evaluate any UGC submitted to or posted on the Website.
10(d). Registration
The Company may require registration before You may submit UGC. You agree to provide true, accurate, current, and complete registration information, and to promptly update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account. The Company reserves the right to change, reclaim, or refuse any username that, in its sole discretion, is obscene, indecent, abusive, or otherwise objectionable, or to delete Your submissions and deny Your access to the Website.
11. Privacy
Your privacy is important to Us. Our collection, use, disclosure, and protection of Your personal information is governed by our Privacy Policy, which is incorporated into and made a part of these Terms. By using the Website, You consent to the collection and use of Your information as described in the Privacy Policy. The Company complies with the California Consumer Privacy Act (CCPA) and other applicable data protection laws. For more information about Your rights regarding Your personal data, please review our Privacy Policy.
12. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS THEREFROM. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, OR CONTENT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY PARTIES OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE WEBSITE MAY CONTAIN INFORMATION REGARDING HOME IMPROVEMENT, TOOLS, CONSTRUCTION, AND RELATED TOPICS. SUCH INFORMATION IS PROVIDED FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. HOME IMPROVEMENT AND CONSTRUCTION ACTIVITIES CARRY INHERENT RISKS OF PERSONAL INJURY AND PROPERTY DAMAGE. THE COMPANY STRONGLY RECOMMENDS THAT YOU CONSULT WITH QUALIFIED, LICENSED PROFESSIONALS BEFORE UNDERTAKING ANY HOME IMPROVEMENT PROJECT. YOU ASSUME ALL RISK AND LIABILITY FOR YOUR USE OF OR RELIANCE ON ANY CONTENT ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE; (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR TRANSMISSIONS OR DATA; (E) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (F) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; OR (G) ANY MATTER RELATED TO THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE AMOUNTS YOU HAVE PAID TO THE COMPANY, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees, expert fees, and other costs of litigation or proceedings) arising out of, resulting from, or in any way related to: (a) Your use of or access to the Website; (b) Your violation or breach of these Terms or any applicable law, regulation, or order; (c) Your violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights; (d) any UGC You submit, post, or otherwise make available on or through the Website; or (e) Your negligent, reckless, or willful misconduct.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with the Company in asserting any available defenses. No settlement which may adversely affect the Company’s rights or obligations shall be made without the Company’s prior written consent.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
15(a). Agreement to Arbitrate
You and the Company mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or Your use of the Website, including the determination of the scope or applicability of this agreement to arbitrate (collectively, “Disputes”), shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. This agreement to arbitrate is intended to be broadly interpreted.
15(b). Arbitration Procedures
Arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Comprehensive Arbitration Rules and Procedures or, for claims under $250,000, its Streamlined Arbitration Rules and Procedures, as modified by this Agreement. The arbitration shall be conducted by a single arbitrator with substantial experience in resolving internet and commercial contract disputes. The arbitration shall take place in San Diego County, California, or, at Your election, may be conducted by telephone, videoconference, or based on written submissions. The arbitrator shall apply California substantive law consistent with the Federal Arbitration Act (9 U.S.C. Sections 1 through 16). Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15(c). Class Action Waiver
YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THIS AGREEMENT TO ARBITRATE SHALL BE DEEMED VOID AND UNENFORCEABLE AS TO THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF ONLY, AND THE PARTIES AGREE THAT SUCH CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION IN SAN DIEGO COUNTY, CALIFORNIA.
15(d). Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE.
15(e). Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or confidential information.
15(f). Opt-Out
You may opt out of this arbitration provision by sending a written notice to the Company at the address listed in Section 9, within thirty (30) days of Your first use of the Website. The notice must include Your name, address, email address, and a clear statement that You wish to opt out of the arbitration and class action waiver provisions of these Terms. If You opt out, the remaining provisions of these Terms will continue to apply to You.
16. Statute of Limitations
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU HEREBY WAIVE ANY LONGER STATUTE OF LIMITATIONS THAT MAY BE PERMITTED BY LAW.
17. Governing Law and Jurisdiction
These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. To the extent that litigation is permitted under these Terms (including for matters excepted from arbitration), You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California.
18. Force Majeure
The Company shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond the Company’s reasonable control, including acts of God, natural disasters, pandemics, epidemics, fire, flood, earthquake, war, terrorism, riots, embargoes, acts of civil or military authority, power outages, internet or telecommunications failures, cyberattacks, labor disputes, governmental actions, or any other force majeure event.
19. Information Provided and Assumption of Risk
The Website may include information, opinions, advice, recommendations, and other content related to home improvement, tools, construction, repairs, and related subjects. All such information is provided for general informational and educational purposes only. You acknowledge that: (a) any reliance upon any information displayed on or distributed through the Website is at Your sole risk; (b) the Company is not a licensed contractor, architect, engineer, or other professional, and the Website does not provide professional advice; (c) home improvement activities involve inherent risks of personal injury, property damage, and other hazards; and (d) You should always consult with qualified, licensed professionals before undertaking any home improvement project, especially those involving electrical, plumbing, structural, or other specialized work.
The Company reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website. The Company shall not have any liability arising from Your acts, omissions, or decisions based upon the information provided on the Website.
20. Objectionable Material
You understand that by using the Website, You may encounter content that You find offensive, indecent, objectionable, or otherwise unsuitable for You. The Website may include content or descriptions that contain explicit language, graphic imagery, or mature themes. You agree to use the Website at Your sole risk, and the Company shall have no liability to You for any content that You find offensive, indecent, or objectionable.
21. Termination
The Company may terminate or suspend Your access to the Website, in whole or in part, immediately and without prior notice or liability, for any reason, including if You breach any provision of these Terms. Upon termination: (a) all rights and licenses granted to You under these Terms shall immediately cease; (b) You must immediately discontinue all use of the Website; and (c) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 10(b), 12, 13, 14, 15, 16, 17, and this Section 21.
You may terminate this Agreement at any time by ceasing to use the Website. Termination of this Agreement shall not relieve You of any obligations that accrued prior to such termination, including any indemnification obligations.
22. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be severed, and the remaining provisions of these Terms shall continue in full force and effect.
23. Waiver
No failure or delay by the Company in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof, or the exercise of any other right, power, or privilege. The rights and remedies provided herein are cumulative and are not exclusive of any other rights or remedies provided by law or equity.
24. Assignment
You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder, in whole or in part, without the prior written consent of the Company, and any attempted assignment without such consent shall be void. The Company may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
25. Entire Agreement
These Terms, together with the Privacy Policy and any other policies, rules, or provisions that are referenced herein and incorporated by this reference, constitute the entire agreement between You and the Company regarding the subject matter hereof and supersede all prior or contemporaneous communications, understandings, agreements, and representations, whether written or oral, regarding the same.
26. Contact Information
If You have any questions about these Terms, please contact Us through the HomeFixated Contact Form or by mail at:
SituFix Ventures LLC
2726 Shelter Island Dr., #130
San Diego, CA 92106