Terms & Conditions
FixSation™ web site is provided by FixSation, LLC for the use of our customers and potential customers (referred to herein as “you”). Your access to and/or use of this web site is governed by the following Terms and Conditions. By using this web site, you expressly agree to comply with and be bound by the following Terms and Conditions, which we may change, from time to time, at our discretion. We will promptly post any such changes on this web site.
Except as expressly indicated herein and/or on the website, this web site, and all content contained herein (“Content”) is the intellectual property (including but not limited to copyrights, trademarks, and/or trade dress) of FixSation, LLC. The term FixSation™, our logo, and all other marks displayed on this site (the “Trademarks”) are registered and/or common law trademarks of FixSation and/or various third parties. Nothing contained on this site shall be interpreted to grant any right whatsoever to use any Content and/or Trademark without the prior written permission of FixSation, LLC or the third party that may own the Trademark(s).
FixSation, LLC authorizes you to view and download Content subject to the following express conditions: (i) you may only do so for your own personal non-commercial use; (ii) you may not modify the Content in any manner; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not reproduce, prepare derivative works from, distribute or display Content, except as provided herein. You acknowledge that, except as expressly permitted above, any other use of the Content, including but not limited to copying, transmitting, reproducing, republishing, and/or redistributing of the Content or any portion thereof is expressly prohibited without the prior written permission of FixSation, LLC.
You represent and warrant that your use of Content will be in all manners consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify FixSation, LLC and its officers, directors, employees, independent contractors, agents, and assigns against any liability, under any legal theory whatsoever, to any person or group of persons arising directly or indirectly from your use of Content not in accordance with these terms and conditions.
Warranty Disclaimer and Limitation of Liability
FixSation, LLC makes no representation of any kind regarding the suitability of the site content, or any portion thereof, for any purpose. All site content is provided ““as is”” and FixSation, LLC expressly disclaims, to the full extent permissible by law, any and all warranties of merchantability or fitness for particular use, including but not limited to all implied warranties. FixSation, LLC also expressly disclaims any warranty or representation as to the accuracy or proprietary character of the content. You hereby waive and covenant, in perpetuity, not to bring any claims of any nature whatsoever arising from or relating to your use of the web site, including, without limitation, all claims relating to the alleged infringement of proprietary rights, the alleged inaccuracy of site content, or allegations that FixSation, LLC has or should indemnify, defend, or hold you harmless from any claim or allegation arising from your use or other exploitation of the site. You use the FixSation, LLC site at your own risk and neither FixSation, LLC nor any parties who provide information and material for publication within the site content shall be liable for any damages of any sort arising from your use of the site. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
FixSation, LLC makes various products available for purchase from this web site. You represent and warrant that all information you provide when making any purchase shall be accurate and complete. You further agree that your receipt of an electronic or other form of order confirmation does not constitute our acceptance of your order, and that FixSation, LLC reserves the right to accept or decline your order for any reason, including but not limited to your provision of inaccurate or incomplete information.
Sales Tax Policy
FixSation charges 0% sales tax, as orders are placed and shipped from Oregon, a NON-Sales Tax State.
Links to Other Sites
The FixSation, LLC site contains links to third-party web sites. FixSation, LLC is not responsible for the contents of any linked site. FixSation, LLC provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by FixSation, LLC. FixSation, LLC does not and cannot ensure that you will be satisfied with their products, services, or business practices.
Use of Communications Forums
The FixSation, LLC web site may contain and allow its users to post messages in chat rooms, bulletin boards, or other forums. If FixSation, LLC provides such services, you expressly agree to use such services only to send messages and material that are appropriate and that are related to the topic of the particular forum. FixSation, LLC does not edit or control the information or materials posted to or distributed through any chat rooms, bulletin boards, or other communications forums, will not be in any way responsible or liable for such information or materials, and claims no proprietary rights of any kind arising from the posting or distribution of information or material in such forums. FixSation, LLC nevertheless reserves the right for any reason in its sole discretion to remove without notice any contents of any such forum. By posting or distributing information or material through such forums, you expressly abandon and/or relinquish any proprietary rights you may have in such information or material, and such information or material may be freely used, copied, and distributed, in any medium and in any form, by FixSation, LLC and/or others without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless FixSation, LLC from any claim arising out of or relating to your violation of this provision.
Digital Millennium Copyright Act Compliance
FixSation, LLC complies with the provisions of the Digital Millenium Copyright Act applicable to internet service providers (17 U.S.C. §§ 512).
Applicable Law and Jurisdiction
The FixSation, LLC web site (excluding links to third-party sites) is controlled and operated by FixSation from its office in Central Point, Oregon. While FixSation, LLC has made no effort to publish the FixSation, LLC site elsewhere, because this site is published on the World Wide Web it is accessible throughout the entire world and the laws of the various jurisdictions where this web site may be viewed will, accordingly, vary. Therefore, by accessing, and/or using the FixSation, LLC web site, you explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this site will be governed by the laws of the State of Oregon, without regard to its conflicts of law principles. You agree that all claims you may have against FixSation, LLC arising from or relating to the operation or use of this web site will be heard and resolved in a court of competent subject matter jurisdiction located in Medford, Oregon. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you chose to access this web site from locations other than Medford, Oregon, you will be responsible for compliance with all local laws of such other jurisdiction.
FixSation, LLC may change, add, or delete these Terms and Conditions of Use or any portion thereof from time to time in its sole discretion. FixSation, LLC will provide you with reasonable notice of any changes by posting them on the FixSation, LLC web site. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions of Use. FixSation, LLC may change, suspend, or discontinue any aspect of the FixSation, LLC web site at any time, including availability of any feature, database, or content. FixSation, LLC may also impose limits on certain features and services or restrict your access to all or parts of the FixSation, LLC web site without notice or liability.
YOUR CONTINUED USE OF THE FIXSATION, LLC WEB SITE NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.