Terms and Conditions

FX Portable Toilets TERMS OF USE AGREEMENT

(Last Revised on: July 7, 2017)

INTRODUCTION

These are the Terms of Use entered by you with fxportabletoilets.com (hereinafter, "we", "us" or "our"). These Terms of Use, together with any rules or policies we expressly incorporate by reference, (collectively, the "Terms") govern your access to and use of the www.fxportabletoilets.com, and any other website that links directly to these Terms, including any content, functionality, features, tools and applications made available by us (collectively, the "Website"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, AS THEY DICTATE YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE WEBSITE AND YOUR USE THEREOF.

Your access and use of the Website constitutes your acknowledgement and agreement to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE. We may immediately modify and/or terminate these Terms or your access to the Website or any portion thereof, at any time and for any reason, with or without notice. This Website is offered and available to users who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We, in our sole and absolute discretion, may amend these Terms from time to time, which shall be effective at the time of publication or posting. Your continued access or use of the Website after such posting constitutes your consent to be bound by these Terms, as amended.

Our collection and use of personal information in connection with the Website is outlined in our Privacy Policy, which is explicitly incorporated herein by reference. You represent that you have read, understand and agree to our Privacy Policy.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION PROVISION. THAT PROVISION STATES THAT YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, EXCEPT FOR CERTAIN DISPUTES MORE FULLY DESCRIBED BELOW, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

THE WEBSITE

The Website constitutes a technology platform that, among other features, allows you and other home owners and consumers (collectively, "Users") to submit requests for referrals ("Service Requests") to independent service providers that offer home improvement, maintenance, repair, renovation, or other services and/or products ("Service Providers") in the geographic area of the individual submitting the Service Request. We may match Service Requests to Service Providers directly or through our relationships with independent third-party operators of service provider networks ("Provider Networks") based on the User’s description of desired work, geographic location and the types of services furnished by the Service Provider. The Service Providers and Provider Networks (collectively, "Third-Party Providers") that we furnish Service Requests to operate independently from us and do not constitute any form of partnership, joint venture, or employee relationship. WE DO NOT PROVIDE HOME IMPROVEMENT SERVICES OR OTHER SERVICES OR PRODUCTS SPECIFIED IN SERVICE REQUESTS. WE DO NOT ASSESS THE QUALITY, LICENSURE, LEGALITY, SUITABILITY, OR ABILITY OF ANY SERVICE PROVIDER OR PROVIDER NETWORK. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF SERVICE PROVIDERS OR PROVIDER NETWORKS AND DO NOT VERIFY THEIR COMPLIANCE WITH APPLICABLE LAWS, CERTIFICATIONS, REGULATIONS, OR LICENSING REQUIREMENTS.

We are not in the business of providing any type of professional services or trades. You understand and agree that by using the Website, you receive only the ability to use the Website for informational purposes and to connect with Service Providers, at your own risk, for services and products you may seek; and/or, the ability to use the Website to seek out potential customers of your services or products.

We make no representations about the reliability, timeliness, suitability, quality, or accuracy of any communications you have with Service Providers or Provider Networks, whether online, in person, over the telephone, or by any other method of communication. We do not endorse, warrant, represent, employ, inspect, or certify any Service Provider or Provider Networks. When communicating or interacting with Service Providers or Users, you should exercise caution and common sense to protect your personal safety and property, just as you would in any other situation.

USER PROVIDED INFORMATION

When you or any other User submits a Service Request, you and all Users consent to our use and disclosure of your contact information and all other information provided in the Service Request in accordance with our Privacy Policy. For purposes reasonably related to your Service Request, you expressly consent to being contacted by or on behalf of us or Third-Party Providers via telephone (including autodialed and prerecorded calls), text (SMS) messaging, email, postal mail, or other reasonable means, at the contact numbers or addresses you provide, even if your number(s) are listed on any federal or state "Do Not Call" list. You represent and warrant that all information you provide through the Website, including your contact information, will be accurate, current and truthful to the best of your knowledge. You further agree that we may monitor and/or record any telephone calls with us.

ELIGIBILITY AND AUTHORITY; LICENSE

The Website is available only to users who are able to form legally binding contracts under applicable law. By using the Website, you represent and warrant that you are:

  • at least eighteen (18) years of age;
  • otherwise recognized as being able to from legally binding contracts under applicable law;
  • are located within the United States or its territories; and
  • are not a person barred from using and/or engaging the Website under the laws of the United States or other applicable jurisdictions.

If you are agreeing to these Terms on behalf of a business entity or organization, you represent and warrant that you have the l