Terms & Condition

IMPORTANT: Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and FiXiT Foundation ("FiXiT Foundation" or "our" or "we" or "us") pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials and "online" or other electronic documentation accessible from, www.getyourfix.com or any sub-domains thereof (collectively, the "Sites").

The Sites are all offered by FiXiT Foundation to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms Of Use. Please read these Terms Of Use carefully, as your use of the Sites constitutes your acceptance of these Terms Of Use. FiXiT Foundation reserves the right to change the Terms Of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms Of Use each time that you view the Sites.

Disclaimer

You acknowledge that the materials on the Sites are provided "as is" for general information only and without warranties of any kind. While FiXiT Foundation endeavors to keep the materials on the Sites current, information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. FiXiT Foundation does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.

Restrictions on Use of Materials

Unless otherwise indicated, FiXiT Foundation or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, FiXiT Foundation owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Sites, unless otherwise noted. Without the explicit consent of FiXiT Foundation, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms Of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of FiXiT Foundation or any third party.

FiXiT Foundation will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to FiXiT Foundation and if possible provide a reference to FiXiT Foundation's main site www.FiXiT-foundation.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is FiXiT Foundation’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms Of Use and they must agree to abide by these Terms Of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by FiXiT Foundation or its licensors.

Links To Other Sites

FiXiT Foundation may provide links to other Internet sites or resources. FiXiT Foundation likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by FiXiT Foundation.

You should be aware that links to the Sites may be provided from other sites, either known or unknown to FiXiT Foundation, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. FiXiT Foundation has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.

General Indemnification

You agree that you will hold harmless FiXiT Foundation’s, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

Limitation of Liability

In no event and under no circumstances shall FiXiT Foundation or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Disclaimer of Warranties

THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

THE SITES ARE MANAGED IN THE STATE OF VIRGINIA, UNITED STATES OF AMERICA. FIXIT FOUNDATION MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. FIXIT FOUNDATION MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

Web Site Services

Services - The following terms apply to your use of the FiXiT Foundation donor-pet-owner matching service and the low-cost clinic locator.

Account Set Up - FiXiT Foundation reserves the right to decline to activate an account for any person for any reason. By setting up an account, you acknowledge that you have read these Terms Of Use, understand your rights and obligations, and agree to be bound by these Terms Of Use. Password Protection - You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify FiXiT Foundation if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session.

Account Requirements - In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.

Parental Consent - As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child. You should understand that we may disclose any activity under the minor child's account to the parent or legal guardian.

Posted Content - Any content other than contact or billing information submitted to FiXiT Foundation will be treated as non-confidential and non-proprietary, and you authorize FiXiT Foundation and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to FiXiT Foundation that you own or have the right to use and permit FiXiT Foundation to use such content in the manner stated above.

Availability of Service - FiXiT Foundation reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on FiXiT Foundation’s servers on your behalf. Without limiting the foregoing, you agree that FiXiT Foundation shall have no responsibility or liability for the deletion of any information, pictures, content or email provided by or stored by you on the Site, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of FiXiT Foundation. You acknowledge that FiXiT Foundation reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that FiXiT Foundation shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Online Donations - In order to make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to FiXiT Foundation. By providing such information to FiXiT Foundation by any means (e.g.: e-mail, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to FiXiT Foundation for use in receiving your donations from the Sites. In order to purchase the products or make donations online using the payment method displayed on the Web site (e.g., VISA, Mastercard, PayPals, etc.), you must be 18 years of age or over. By using the Sites' payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing FiXiT Foundation or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms Of Use. Billing to your credit card or to your account occurs at the time of donation or shortly thereafter.

Pet owners - You agree that you will not misrepresent the existence of a pet or the need for a spay or neuter procedure. You acknowledge that FiXiT Foundation provides an anonymous means of communication with donors. FiXiT Foundation does not recommend communication with individuals outside of the Site. If you decide to do so, FiXiT Foundation is not liable for any damages that may occur. FiXiT Foundation recommends that parties conduct all billing through the independent clinics and refrain from sharing private contact information or billing information with each other. FiXiT Foundation recommends that parties use the low income clinic database as a reference for locating clinics that provide spay and neuter procedures. FiXiT Foundation does not guarantee the quality of such clinics and the database is for reference only. The Pet Owner and Donor are responsible for selecting an appropriate clinic. FiXiT Foundation is not liable for any damages that occur as a result of use of a clinic.

Donors - You agree that you will not misrepresent an intent to provide a spay or neuter procedure for an animal. You acknowledge that FiXiT Foundation provides an anonymous means of communication with donors. FiXiT Foundation does not recommend communication with individuals outside of the Site. If you decide to do so, FiXiT Foundation is not liable for any damages that may occur. FiXiT Foundation recommends that parties conduct all billing through the independent clinics and refrain from sharing private contact information or billing information with each other.FiXiT Foundation recommends that parties use the low income clinic database as a reference for locating clinics that provide spay and neuter procedures. The Pet Owner and Donor are responsible for selecting an appropriate clinic. FiXiT Foundation does not take guarantee the quality of such clinics and the database is for reference only. FiXiT Foundation is not liable for any damages that occur as a result of use of a clinic.

Services Indemnification - IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD FIXIT FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY FIXIT FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO FIXIT FOUNDATION'S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU IN CONECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON FIXIT FOUNDATION'S OWN NEGLIGENCE. IN NO EVENT SHALL FIXIT FOUNDATION'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.

Acceptable Use Policy for Services & Sites

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on FiXiT Foundation or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of FiXiT Foundation’s or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites' servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or (xiv) are contrary to FiXiT Foundation’s public image, goodwill, reputation or mission.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of FiXiT Foundation or its licensors or supplier's content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of FiXiT Foundation or its licensors or supplier's software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Term & Termination

These Terms Of Use are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms Of Use.

FiXiT Foundation may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms Of Use, or a statement by you otherwise requesting termination of your access to the Services; and/or (xi) any other reason reasonably considered by FiXiT Foundation to be in its best interest.

Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that FiXiT Foundation may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. FiXiT Foundation shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.

You further agree that the FiXiT Foundation shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.

Upon termination, FiXiT Foundation will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to FiXiT Foundation with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms Of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.

Notice of Claims of Intellectual Property Violations

The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. FiXiT Foundation does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide contact FiXiT Foundation. The contact information can be found in the “Contact Us” page of the Site.

LINKS TO THIRD-PARTY WEB SITES

This Site contains links to other sites operated by third parties, including third-party sites that display FiXiT Foundation trademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

FiXiT Foundation does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site from this Site does not constitute sponsorship, endorsement, approval or responsibility of any such Third-Party Site. FiXiT Foundation Charities makes no representation or warranty as to any products or services offered on any Third-Party Site.

The conditions of use, legal notices and privacy policy of any Third-Party Site may differ substantially from the Notices and Policies that apply to your use of this Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

By using this Site to search for or link to a Third-Party Site, you agree and understand that you may not make any claim against FiXiT Foundation for any damages or losses whatsoever resulting from your use of this Site to obtain search results and/or to link to a Third-Party Site. However, if you have a problem with a link from this Site, please let us know at info@fixit-foundation.org and we will investigate and take appropriate action.

COPPA

FiXiT Foundation does not knowingly solicit data from children or knowingly market to children. FiXiT Foundation is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens' Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that FiXiT Foundation receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, FiXiT Foundation will delete that information from the Sites as quickly as is reasonably practical.

Equitable Remedies

You agree that, if the terms of these Terms Of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations

These Terms Of Use are governed by the laws of the State of Virginia, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Virginia. You agree that the statute of limitations for any claim against FiXiT Foundation shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Dispute Resolution

In the event of any dispute arising out of these Terms Of Use, you and FiXiT Foundation each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and FiXiT Foundation agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or FiXiT Foundation may initiate the mediation process with thirty (30) days' prior written notice to the other. The dispute shall be submitted to mediation in Virginia, U.S.A. Costs of mediation shall be borne equally by both you and FiXiT Foundation. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and FiXiT Foundation agree to extend the time by mutual agreement or unless the mediator declares you and FiXiT Foundation to be at an impasse. Notwithstanding the above, in the event that FiXiT Foundation believes that immediate injunctive relief is required to protect its rights, FiXiT Foundation may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Miscellaneous

If any provision of these Terms Of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms Of Use and shall not effect the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.

Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder.

These Terms Of Use have been written in the English language and the English language shall control. These Terms Of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms Of Use in any language other than English.

These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Sites) constitutes the entire agreement between you and FiXiT Foundation with respect to the Sites and the Services.