4. PAYMENT

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges“). After you have received services or goods obtained through your use of the Service, Fixzor, LLC. will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Fixzor, LLC.. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Fixzor, LLC. will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by Fixzor, LLC. using the preferred payment method designated in your Account.  If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Fixzor, LLC. may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Fixzor, LLC., Fixzor, LLC. reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Fixzor, LLC.’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Fixzor, LLC. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Fixzor, LLC. may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Fixzor, LLC. does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Fixzor, LLC. (on Fixzor, LLC.’s website, in the Application, or in Fixzor, LLC.’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Fixzor, LLC. provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

REPAIR OR CLEANING FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning“). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Fixzor, LLC. in Fixzor, LLC.’s reasonable discretion, Fixzor, LLC. reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Fixzor, LLC. to the applicable Third Party Provider and are non-refundable.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FIXZOR, LLC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FIXZOR, LLC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FIXZOR, LLC. DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

THE JOB POSTER UNDERSTANDS AND AGREES THE COLLEGE STUDENTS PROVIDING SERVICES FOR ANY AND ALL JOBS POSTED ARE NOT PROFESSIONALS.  THE COLLEGE STUDENTS MAY OR MAY NOT HAVE CERTAIN CERTIFICATIONS, CHARTERS, OR OTHER DESIGNATIONS PROFESSIONAL INDEPENDENT CONTRACTORS MAY HOLD.  IF THE JOB POSTED IS DANGEROUS AND/OR REQUIRES PROFESSIONAL SKILL OR EDUCATION, SAID JOB SHOULD BE FULFILLED BY A PROFESSIONAL CONTRACTOR.  IN THE EVENT THE COLLEGE STUDENT IS RESPONSIBLE FOR ANY DAMAGES, FIXZOR, LLC. IS NOT RESPONSIBLE NOR LIABLE.

THE COLLEGE STUDENT AGREES HE/SHE HAS THE REQUIRED INSURANCE AND IS SOLELY REPSONSIBLE FOR ANY PERSON INJURY OR DAMAGES THAT MAY OCCURR. THE COLLEGE STUDENT UNDERSTANDS HE/SHE IS ACTING AS AN INDEPENDENT CONTRACTOR THEREBY UNDERTAKING ANY AND ALL LAIBILITY AND FOREGOING ANY LAWSUITE OR LEGAL ACTION AGAINST FIXZOR, LLC.

LIMITATION OF LIABILITY.

FIXZOR, LLC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FIXZOR, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIXZOR, LLC. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FIXZOR, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIXZOR, LLC. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FIXZOR, LLC.’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL FIXZOR, LLC.’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

FIXZOR, LLC.’S SERVICES MAY BE USED BY YOU TO REQUEST ASSISTANCE WITH “ODD JOBS” SUCH AS SKILLED AND UNSKILLED LABOR DEEMED APPLICABLE BY THE JOB POSTER AND/OR COLLEGE STUDENT, BUT YOU AGREE THAT FIXZOR, LLC. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.