Website Terms and Conditions of Use

This website is owned and operated by FUSA, Inc. dba Fix Auto USA, herein after referred to as “Fix Auto USA”. By visiting our website and any related online platforms and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy.

1. RESPONSIBLE USE AND CONDUCT

   By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.

   Wherein, you understand that:

   1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up-to-date.
   2. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
   3. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
   4. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
   5. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
   6. You agree to indemnify and hold harmless Fix Auto USA and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

2. PRIVACY

   Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement. To read our Privacy Policy in its entirety, please go to fixautousa.com/privacy-policy. If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the CCPA. Pleave visit fixautousa.com/california-privacy-policy, to learn more.

3. LIMITATION OF WARRANTIES

   By using our website, you understand and agree that all Resources we, Fix Auto USA, provide are “as is” and “as available”. This means that we DO NOT represent or warrant to you that:

   1. the use of our Resources will meet your needs or requirements,
   2. the use of our Resources will be uninterrupted, timely, secure or free from errors,
   3. the information obtained by using our Resources will be accurate or reliable, and,
   4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.Furthermore, you understand and agree that:
      1. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
      2. no information or advice, whether expressed, implied, oral or written, obtained by you from Fix Auto USA or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

4. LIMITATION OF LIABILITY

   In conjunction with the Limitation of Warranties, as explained above, you expressly understand and agree that any claim against Fix Auto USA shall be limited to the amount you paid, if any, for use of products and/or services. Fix Auto USA will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

5. COPYRIGHTS AND TRADEMARKS

   All content and materials available on https://www.fixautousa.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Fix Auto USA, and are protected by applicable copyright, trademark, and franchise law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized in writing by Fix Auto USA.

6. TERMINATION OF USE

   You agree that we, Fix Auto USA, may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

7. GOVERNING LAW

   This website is controlled by Fix Auto USA from our offices located in San Diego, California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, USA without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

   Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

8. GUARANTEE

   UNLESS OTHERWISE EXPRESSED, FIX AUTO USA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9. INDMENIFICATION

   You agree to defend, indemnify and hold Fix Auto USA and Fix Auto USA’s affiliates’ directors, officers, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of https://www.fixautousa.com, your placement or transmission of any message, content, information, software or other materials through https://www.fixautousa.com, or your breach or violation of the law or of these Terms and Conditions. Fix Auto USA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fix Auto USA’s defense of such claim.

For Customer Service please contact:
Fix Auto USA
fixautomarketing@drivenbrands.com

These Terms and Conditions were revised 03/06/2020.