Tech Support
Local Repair
Product Recommendations

Home | My Expertise | Sign In

Help me with
Search
Search the entire site... or choose an option below

Terms and Conditions of Use:

These Terms and Conditions are a legal agreement between you and FixYa Ltd. ("FixYa") governing your participation on the FixYa site ("the Site"). By using, accessing or registering in the Site ("the Agreement"). You agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Site.

We can amend this Agreement by posting the amended terms on the Site, which take effect when we post them. By continuing to access or use the Site after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

Acceptable Use

All access to and use of the services available on the Site is subject to the following acceptable use policies. FixYa has the right, but not the obligation, to terminate your access and use of the Site and related services at any time, and block or remove any communications and materials that FixYa believes in its sole discretion may violate applicable law, these operating and acceptable use policies or a third party's rights. We reserve the right to refuse service to anyone.

By using the Site, you agree heartily not to do any of the following:

FixYa takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Site, FixYa is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page. It is not FixYa's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, FixYa reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful.

A note about minors

The FixYa Site is not targeted towards, nor intended for use by anyone under the age of 18. By using the FixYa Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the FixYa Site.

Enforcement

FixYa reserves the right to strictly enforce this Agreement including without limitation by issuing warnings, suspension or termination of service, and/or removal, screening or editing of posted Content, self help and active investigation, litigation and prosecution in any court or appropriate venue. FixYa may access, use and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN FIXYA USER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH USER.

Responsibility for Your Conduct

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless FixYa and its partners from any claim, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third-party.

Submissions

You agree that any materials, including questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to FixYa, or postings to or on the Site, are non-confidential (provided that personal information provided on non-public areas of the Site is subject to FixYa's Privacy Policy-) and you grant FixYa nonexclusive, royalty-free, perpetual, irrevocable, world-wide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world without acknowledgment to you in FixYa's sole discretion and without compensation to you. You also grant to FixYa the right to use your name in connection with the submitted materials and other information. You agree that you shall have no recourse against FixYa for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to FixYa, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify FixYa for all claims resulting from material you supply.

Email

You agree to receive emails from FixYa that allow you to consult the FixYa community of users in order to find a solution and receive updates for your tech support problem.

Indemnification

IN NO EVENT SHALL FIXYA OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF FIXYA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIXYA OR ITS PARTNERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY (OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF FIXYA'S SITE EXCEED THE COMPENSATION YOU PAID FIXYA IN CONNECTION WITH SUCH USE.

You agree to indemnify, defend and hold harmless FixYa, its officers, directors, employees, agents, licensors, suppliers, partners and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

Third-Party sites

Our Web site, surveys, or other services may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefore.

In certain areas on our site, we may join forces with a reputable third-party source regarding manufacturers' warranties and manuals and other content. In each of these areas, the FixYa header will note that the services are "Powered by" or "By" (or any other similar reference) the third party. This indicates that the content resides on the third party's servers and your use of those services is governed by that company' s privacy policies and terms of use, which you can access at the bottom of each page in those areas. We recommend that you always review their privacy policies and terms of use before you complete any transaction with them. These Terms and Conditions (other than our Privacy Policy and the Legal Disclaimer) also apply as between you and FixYa with respect to your use of those third-party services accessed through our site.

Third Party Products and Services

Separate terms and conditions may apply between you and each third party provider of paid products or services which you acquire through our site. You may be required to resolve questions, claims, cancellations, and other issues regarding such products or services directly with the third-party provider. Except as indicated in such separate terms and conditions or required under applicable law, FixYa disclaims any responsibility or warranty to you regarding any third party product or service and FixYa's aggregate liability to you in connection with your purchase or use of any such product or service is limited to the amount you paid FixYa for such product or service.

Premium Expert Services

FixYa's Premium Expert services (i.e. Email Support and Live Chat Sessions) allow you to consult a professional group of experts in order to find a solution for your tech support problem. Email Support may be purchased for a single problem, or you may purchase a monthly subscription for Email Support (see below). Live Chat Sessions are only available for individual problems, and are not sold on a subscription basis.

Our experts will provide guidance and advice to help you understand what is wrong with your product, and what is needed to fix it. We are committed to providing professional advice, but we can't guarantee that our advice will always fix your product. In some cases in-person diagnostic, repair or other services are needed, which we can't and don't provide. In some cases our advice may not solve the problem.

Email Support Subscription Program

When you purchase an Email Support subscription, you agree to all of the subscription-related terms and conditions set forth below.

Your Email Support subscription is solely for your personal non-commercial use. You may not submit problems for or on behalf of any other person or entity, or allow any other person or entity to access or use your subscription user name, password, or account, or derive any other direct or indirect benefit from your subscription. You are also not allowed to use your Email Support subscription in the operation of any trade, business or commercial activity (whether for profit or non-profit) which involves rendering repair, support or similar advice or services.

You agree to pay FixYa the monthly subscription fee then in effect for the Email Support and other subscription benefits then provided by FixYa. You authorize FixYa to charge your chosen payment provider for the subscription fee and all applicable taxes, and you agree to make payment using your chosen payment provider. You understand and agree that your Email Support subscription will remain in effect until it is cancelled by you or FixYa, and that the Email Support subscription fee is a recurring monthly charge. You accept responsibility for and will pay all recurring subscription charges incurred prior to cancellation of your subscription. FixYa may submit monthly charges for payment without further authorization from you at the beginning of each monthly period, until you notify Fixya that you have terminated this authorization, or wish to change your payment method, or cancel your subscription. If you receive free trial or other promotional use of an Email Support subscription from FixYa, you understand that this is provided only for the time period specified by FixYa and you must cancel your subscription prior to the end of the promotional period to avoid being charged a monthly subscription fee. FixYa reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Any agreements you have with your chosen payment provider will govern use of your chosen payment method, and FixYa is not a party to those agreements. If for any reason FixYa does not receive payment of your subscription fee from your chosen payment provider, you agree to pay all subscription fee amounts due upon demand by FixYa.

You must provide current, complete and accurate billing information, and promptly update all information in order to keep your billing information current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify FixYa if your chosen payment method is cancelled (for example, due to loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your FixYa user name or password. To change your payment information at any time, please CLICK HERE. If you fail to provide FixYa with any of the foregoing information, you agree that FixYa may continue to charge your chosen payment method each month until your subscription is cancelled.

You may cancel your subscription at any time and for any reason. To cancel your subscription at any time, please CLICK HERE. If you cancel your subscription, you will not be billed for any additional subscription fees. Your subscription will end immediately upon cancellation even if you have additional time remaining in the monthly billing cycle in which the cancellation occurs. You will not be entitled to any prorated or other credit or refund of subscription fees charged prior to your cancellation.

FixYa reserves the right to modify or cancel the subscription program at any time and for any reason. If FixYa announces a pricing or other change in the subscription program, the change will not take effect until your next monthly billing date (or any longer period required under applicable law), and you may cancel your subscription before you are billed for another month's subscription fees under the changed subscription program terms. Your subscription will end immediately upon cancellation even if you have additional time remaining in the monthly billing cycle in which the cancellation occurs. You will not be entitled to any prorated or other credit or refund of subscription fees charged prior to your cancellation. If you do not cancel your subscription, FixYa will continue to bill you automatically each month under the new subscription program pricing and other new subscription program terms. If FixYa announces that the subscription program has been cancelled, your subscription will continue through the end of your monthly billing cycle, and you will not be billed for another month's subscription fees. You will not be entitled to a refund of your last month's subscription fees.

FixYa reserves the right to cancel your subscription at any time and for any reason, without prior notice to you. If FixYa cancels your subscription, FixYa may make the cancellation effective immediately or at the end of your monthly billing cycle, in FixYa's sole discretion. FixYa is not required, and may be prohibited, from disclosing a reason for canceling your subscription. If your subscription is cancelled immediately, you will not be entitled to a refund of any portion of the subscription fees for the month in which the cancellation occurs.

Even after your subscription terminates for any reason, these subscription terms and conditions will survive remain in effect. FixYa reserves the right to pursue legal action against you for any unpaid amounts, unauthorized use of your subscription, or other breach of these subscription terms and conditions.

Refund Policy

Email Support subscription payments are non-refundable. Refunds of single-problem service fees are provided only if two conditions are met: (i) you request a refund within thirty (30) calendar days following the date you purchased the service, and (ii) we agree (in our reasonable discretion) that you did not receive professional-level advice and guidance on your product. If you believe that you are entitled to a refund, please send your refund request and a description of your case to premium.support@fixya.com. We will respond as quickly as we can.

Expert Services Outside the Site

Our experts are not permitted to perform any Premium Expert services for you outside of the Site, or to request or accept other support-related work from you outside of the Site. You should report to FixYa (by emailing premium.support@fixya.com ) any time an expert requests or performs work for you outside of the Site. FixYa disclaims any responsibility, warranty or liability to you regarding any Premium Expert services or other expert work performed outside of the Site, or any damages or other consequences of such work.

Dispute Resolution

We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any claim or controversy between us, or arising in any way out of the use or operation of our web site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator in San Mateo County or the City and County of San Francisco, California. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator.

Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in San Mateo County or the City and County of San Francisco California pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.

Copyright

All content, including text, pictures, or graphics, on the site that has been contributed by users is designated as Open Content. All such content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted as long as (1) it is not displayed on a commercial site (except on message boards) or used for commercial purposes, (2) prominent attribution is given to FixYa, and (3) attribution is given to the original author(s) as listed on FixYa.com. If the original author is listed as "Anonymous" on FixYa.com, attribution to the author is not required.

FixYa maintains a compilation copyright on its user-submitted content. This user-submitted content may by reproduced in part for non-commercial purposes as described in the paragraph above, but may not be reproduced as a whole through any medium without the express permission of FixYa.com.

The FixYa logo, design, graphics, pictures, sound files and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright C 2005 FixYa and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of FixYa.

All other trademarks displayed on FixYa's Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between FixYa and these companies.

FixYa disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights.

Copyright complaints

FixYa respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide FixYa's copyright agent the following written information:

Content aggregation

In addition to the content that is contributed by users of this site, FixYa collects additional content from manufacturers' sites, newsgroups, and forums. All the content that was taken from other web sites is cited for and credited. In the event that content was taken without permission or against your wish, please contact us at info@fixya.com and we will remove it from our site.

General

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by FixYa.