Terms Conditions and Web Agreement

Terms and Conditions:

Fixorbuildmyride.com Acceptable Use Policy

Fix or Build My Ride, LLC (FOBMR®) registered in The State of Texas, Travis County, owns and operates the Web site www.fixorbuildmyride.com (our site).

This Acceptable Use Policy sets out the terms between you (the registered user or guest) and FOBMR® under which your access and use of our site shall be governed and sets forth additional policies, terms and conditions in the Copyright Policy, Privacy Policy, and Terms and Conditions of Service. Use of our site means that you accept and agree to abide by all of the aforementioned policies, terms and conditions.

In the simplest terms, FOBMR® serves a broker role connecting customers with businesses.   Vehicle service requests are posted online, businesses submit bids, and a “winning” bid is accepted, forming a commitment between customer and business to perform the work for the price indicated.  Should add-on work become necessary to complete work, it is handled outside of FOBMR®, as though FOBMR® does not exist. Once a bid is accepted, the customer and winning business handle scheduling, service, payment, and feedback.  FOBMR® provides:

  1. convenience to people obtaining one or more bids for service to their “rides” (such as automobiles and trucks);
  2. confidence that bids are competitively priced; and
  3. ability to accept the most desirable bid from anywhere Internet access is available.

Registered Users

Registered users of our site are classified as 1) customers and 2) businesses. Customers are people submitting vehicle-service requests for bids and 2) Businesses are made up of vehicle- service professional(s) with current subscriptions, and profiles, bidding on vehicle-service requests. A Bid is any estimation or provision of cost to initiate a repair and gain a customer acceptance. The Bid may not be the final out the door cost and is disclosed as such to the requestor. ALL Bids are in and between the customer and the business and NOT shared openly,
this is a discreet action.

BUSINESSES OPERATING WITHOUT A STATE FILING NUMBER, EMPLOYER ID NUMBER, OR DUN AND BRADSTREET VERIFICATION, ARE NOT ELIGIBLE OR AUTHORIZED TO USE THIS SITE.

CUSTOMERS USING THE SITE TO OBTAIN BIDS WITHOUT INTENT TO FOLLOW THROUGH ON BID ACCEPTANCE ARE NOT ELIIBLE OR AUTHORIZED TO USE THIS SITE.

ANY FALSIFIED ENTRIES WILL RESULT IN IMMEDIATE TERMINATION OF AN ACCOUNT WITHOUT ANY DAMAGES OR PENALTIES TO FOBMR®.

IF YOU ACCESS ANY INTERNET-BASED SERVICES VIA LINKS FROM FOBMR®, YOUR USE OF THOSE SERVICES WILL BE SUBJECT TO BOTH THESE TERMS OF SERVICE AND ANY SEPARATELY PROVIDED TERMS OF USE AND PRIVACY STATEMENT ON SUCH WEBSITE.

Acceptable use of our site’s new, unique “Bid/Win” feature requires these steps:

  1. a registered customer fills out a vehicle service request using pick lists and open text fields on our forms, and submits it for bid(s);
  2. registered businesses respond with good-faith line-item bid prices and not-to-exceed amounts;
  3. a business “wins” the service work when the customer “accepts” what he or she determines to be the most desirable bid; and
  4. the customer’s final step is to rate the experience using our site.

Customers needing service work gain confidence using the FOBMR® Bid/Win feature because they are getting:

  1. the best-offered price from competitors;
  2. line-item bid detail based on their unique requirements;
  3. a record of the service to be performed which will be handy for future vehicle maintenance tracking; and
  4. access to a rating system generated by true customer experiences.

For businesses, Bid/Win documentation provides quality tracing to original requirements and allows for better internal service management against line-item and total bid prices. Excellent customer service will be reflected in customer ratings, available to registered users.

FOBMR® develops, operates and distributes mobile and personal system media applications (Apps), accessible via various modern devices such as mobile phones, tablets and wearables. The Bid/Win functionality, customer-to-business connections, marketing and awareness portals, and data collection, storage, analysis and reporting tools, functions and services, belonging to us are collectively referred to as the Service.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  1. In any way that breaches any applicable local, national or international law or regulation;
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. For the purpose of harming or attempting to harm minors in any way;
  4. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
  5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any systems resulting in stealing, corrupting, downloading, (or attempting to usurp) any related information which may exist as physical, virtual, or media.

You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of Web site use; and
  2. Not to access without authority, interfere with, damage or disrupt:
    1. any part of our site;
    2. any equipment or network on which our site is stored;
    3. any software used in the provision of our site; or
    4. any equipment or network or software owned or used by any third party.

Suspension and termination

We will determine, using our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use our site;
  2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
  3. Issuance of a warning to you;
  4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  5. Further legal action against you; and/or
  6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Violations of the Acceptable Use Policy resulting in misuse or damage to the trusted FOBMR® brand may result in termination of a user (customer and/or business) account, as determined by us.  We are excluded from any liability for actions taken in response to breaches of this Acceptable Use Policy.

Changes to Acceptable Use Policy

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site. Reasonable attempts will be made to communicate changes made to this Policy such as posting modification change dates at the top of this page.

Copyright Policy

FOBMR® (“We”) are committed to protecting our trademarks, workflows, patents, and content.

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site.

You must not modify the content, media, or documentation of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on our Site for non-Fix or Build My Ride-related commercial or other purposes without obtaining written permission to do so from us or our Trademarks and Patents.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

The Copyrights are protected under and in accordance with  https://www.copyright.gov/fair-use/  and Title 37: Copyrights, Trademarks, and Patents.

The Documentation and information maintained on this Site is subject to patents and trademarks owned by FOBMR® and any publications held under the same name.

Privacy Policy

FOBMR® (“We”) are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information we may store and collect from you
We may collect and process the following data about you:

  1. Information that you provide by filling in forms on our site www.FixOrBuildMyRide.com (our Site). This includes information provided at the time of requesting services available through our site. We may also ask you for information when you report a problem with our site;
  2. If you contact us, we may keep a record of that correspondence;
  3. Details of transactions you carry out through our site and of the processing of Bid/Win and surveys; and/or
  4. Details of your visits to our site including, but not limited to, traffic data, location data, web logs, web blogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources accessed on our site.

IP addresses

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

Cookies

We use cookies; which, a cookie is a small file of letters and numbers that we put on your computer if you agree through accepted cookie handling in your browser properties. This Cookie assists in the Site Distinguishing you from other users of our Site and helps us to provide you with a good experience when you browse our Web site and also allows us to improve our site. The cookies we use are “analytical” cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the Web site. It may also be processed by staff operating outside the Web site who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your service order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions are managed through an Advanced Programmable Interface (API) to our billing process company Stripe.com which is PCI compliant. The account data on the user’s profile billing tab is stored on Stripe.Com (not on FixOrBuildMyRide.com) and is transmitted via API and the Symantec Enhanced Verification SSL/TSL technology Services. The access to your data is roles based access where we have given you (or where you have chosen) a password, which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Uses made of the information

We use information held about you in the following ways:

  1. To ensure that content from our site is presented in the most effective manner for you and for your computer;
  2. To carry out our obligations arising from any contracts entered into between you and us;
  3. To allow you to participate in interactive features of our service, when you choose to do so; and
  4. To notify you about changes to our service.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS “text messaging”) with information about goods and services similar to those which were the subject of a previous sale to you.

Disclosure of your information

We may disclose your personal information to our vendor:

  1. When a business places a bid, the verified account data using SSL/TSL encryption is stored at our partner Stripe’s Automated Clearing House via the API in which only the data visible to the business is shared with our support vendor in processing business-to-business transactions; and/or
  2. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Acceptable Use Policy and other agreements; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at info@fixorbuildmyride.com. Our site may, from time to time, contain links to and from the Web sites of our partner networks, advertisers and affiliates.  If you follow a link to any of these Web sites, please note that these Web sites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these Web sites.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted to the Site.

Contact

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to info@fixorbuildmyride.com

Terms of Service

These Terms of Service govern your use of our Site as a guest or a registered user. Please read these Terms carefully before you start to use the site. To use our site, you must accept these terms and agree to abide by them. If you do not agree to these terms of use, you must refrain from using our site.

Accessing our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Reliance on information posted

Commentary and other materials posted on our site are not intended as advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. The materials used to guide a user to a component area for repair, for the purpose of posting the user’s own repair, are for reference purposes only and any inference or claim as expert advice is false.  While we express no obligation on accurate postings, we provide our best-effort guidance and direction for those users posting service requests.

Regular Updates to our Site

We work to improve the user experience through controlled updates to our site. Therefore, content and site maps may change over time to keep information fresh, subscriptions current, navigation easier, performance enhanced and aesthetics improved. For time-sensitive material posted on our site, our users are encouraged to take note of Web site publication dates.

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy; while FOBMR is acting as an intermediary. To the extent permitted by law, we, other members of our group of companies and vendor partners connected to us hereby expressly exclude:

  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any Web sites linked to it and any materials posted on it, including, without limitation any liability for:
  3. loss of income or revenue;
  4. loss of business;
  5. loss of profits or contracts;
  6. loss of anticipated savings;
  7. loss of data;
  8. loss of goodwill;
  9. wasted management or office time; and
  10. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, agreement, or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

FOBMR, acting as an intermediary (This) does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our Site

We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Expectations of Customers:

A Ccstomer is anyone who uses our site to obtain bids for vehicle service work to be conducted by a business registered with us.  To the best of their ability, a customer fills out an FOBMR® form using pick lists and open text fields to describe the maintenance, repair, build, diagnostic or other vehicle work to be performed, then views bids from FOBMR® businesses bidding on the work.  Bid acceptance is based on characteristics determined by the Customer to be most desirable. Factors such as scheduling, cost, proximity, and previous customer feedback/ratings are all examples of characteristics which may be considered by customers using FOBMR® to choose which bid to accept.

At the point a customer accepts a Business’s bid through FOBMR®, an implied service contract is established between the two parties at the price indicated on the bid.

The customer may expect the business to honor the pricing on an “accepted” bid. Any additions or adjustments to the bid price, agreed to by the customer and the business, are outside the jurisdiction of FOBMR®.

At the completion of the vehicle-service contract, the customer verifies the FOBMR service is complete and rates the experience.

Any customer who accepts a bid but does not follow through getting the vehicle serviced may be barred from future use of FOBMR® for 90 days.  Recurrence of such behavior will result in termination of all services and removal of the customer’s account from FOBMR®.  Restoration of a dormant or terminated account requires written consent from the affected Business.

FOMBR® stores the date a customer accepts a bid and expects the contract to be closed within 5 days.  When a contract remains open with no status updates, FOBMR® sends reminder messages at 5, 10, and 15 day intervals asking the customer to “close” the contract.  On the 16th day, FOBMR® automatically closes the item and invoices the business accordingly.

An update to the status field resets the 5-day clock.

A 24-hour clock tracks service requests waiting for bids. When no bidding activity is detected, FOBMR® intervenes and may contact the customer with tips on how to edit the request in order to attract bids.

When a customer does not complete the final rating step within 15 days of accepting a bid, FOBMR® automatically marks the work as complete and assigns a customer satisfaction rating of Medium (3 out of 5 stars).

Requirements of the Business (Vehicle Service Professional

The FOBMR® brand is perceived by customers and the general public as a distinctive and high-quality brand. The good reputation enjoyed by the business is based on the intrinsic properties of the goods and the manner in which they are distributed to customers. Therefore, the FOBMR® selects only businesses with qualified and competent personnel and appropriate premises. As a registered FOBMR® you must comply with the provisions hereafter.

The business is able to provide vehicle repair services through FOBMR® only in the business’s place(s) of business with address(es) to demonstrate a stable business. The business must provide their Secretary of State Filing number, Employer ID Number, or a Dun and Bradstreet Registration number to ensure they are a legitimate business. The business must provide documentation of certified and skilled trained staff to service the vehicle service bids their customers accept through the FOBMR® site. The business must remediate, reconcile, and make a reasonable effort to correct customer issues within a reasonable time or face being removed from FOBMR® and prevented from bidding on future customer work.

Each Business must register with FixOrBuildMyRide.com and create a Business Profile and select a subscription through the protected secure Advanced Programming Interface (API) described under Privacy Policy, available through the STRIPE.COM company. The Account on file, through the billing tab under the Business Profile, is linked to STRIPE.COM and a subscription service. The subscription enables the business to select appropriate categories for email notifications of job postings, be visible on top shops in a customer area, and ability ofr customers to directly contact via FOBMR™. No Purchase data is stored within FOBMR® it is presented via the secure PI from our Automated Clearing House (ACH) payment service with Stripe.

FOBMR® Compensation

The Business Account on file will be invoiced as a FOBMR® Site Usage Fee subscription to bid on customer service requests. All customer data from the transaction is the Automotive Service Providers Customer Relation Management Data for purposes of future marketing, this customer and shod at is in and between the auto service shop.

The Services

Basic: Provides ability to view and bid on customer service request based on 3 categories. Allows the business to maintain a customer relationship database for use in direct marketing and newsletters, and advertisings

Premium: All that basic offers plus a small Banner ad marquis, 6 categories available to receive notifications on and web site redirect

Platinum: All that basic and premium offers with unlimited categories, a Larger Image on the FOBMR home page before customer login and a link to their company site for additional promotions and offerings

FOBMR will conduct radio advertising periodically and commercials further extending the auto service brand awareness making best use of advertising dollars

Businesses are encouraged to consider classifying the FOBMR® invoiced amount as a marketing expense because customer experience ratings are captured and published to the login home page where they help market the business. Please verify with your local tax laws for proper expense classification.

Rating Disputes

If a business disputes a rating, the business must contact FOBMR® via email to info@fixorbuildmyride.com or written correspondence addressed to:

Fix Or Build My Ride, LLC
100 Commons Rd Suite 7-361
Dripping Springs, TX 78620

Business Related inquiries please use: info.business@fixorbuildmyride.com
Customer Related inquiries pleae use: info.customer@fixorbuildmyride.com

Communications must include:

  1. A Subject line of: Disputed Rating for: (fill in customer name and User ID);
  2. Date of the business’s bid, date accepted by the customer, date business completed the work; and
  3. Business contact name, email and phone number

Although disputed ratings may not change up or down, FOBMR® remarks may be added to indicate satisfactory resolution was achieved between customer and business. The ONLY time a survey rating is removed from FOBMR® is when both Customer and Business consent to such action.

Rating Disputes

If a business disputes a rating, the business must contact FOBMR® via email to info@fixorbuildmyride.com or written correspondence addressed to:

Fix Or Build My Ride, LLC
100 Commons Rd Suite 7-361
Dripping Springs, TX 78620

Communications must include:

  1. A Subject line of: Disputed Rating for:  (fill in customer name and User ID);
  2. Date of the business’s bid, date accepted by the customer, date business completed the work; and
  3. Business contact name, email and phone number

Although disputed ratings may not change up or down, FOBMR® remarks may be added to indicate satisfactory resolution was achieved between customer and business.  The ONLY time a survey rating is removed from FOBMR® is when both Customer and Business consent to such action.

Penalties:

Invoicing Process:

Business Operating Expectations:

THE BUSINESS AGREES TO “CLOSE OUT” SERVICE REQUEST CONTRACTS USING FOBMR® FEATURES WITHIN 48 HOURS OF THE WORK BEING COMPLETED AND PAID FOR.

CLOSE OUT IS PERFORMED IN THE PROFILE SECTION OF THE BUSINESS OWNER’S ACCOUNT. PENALTIES TO THE BUSINESS WILL BE APPLIED FOR NOT COMPLETING SERVICE REQUEST CLOSE OUT ACCORDING TO THIS AGREEMENT.

MONTHLY FOBMR® INVOICES ARE GENERATED FOR THE PRECEDING MONTH’S ACTIVITY WITH PAYMENT TO FOBMR® DUE NET 30-DAYS. PENALTIES TO THE BUSINESS WILL BE APPLIED FOR NOT PAYING INVOICES PROMTPLY. FOBMR®WILL MAKE EVERY EFFORT TO PROVIDE A MONTHLY OPEN CLOSED SERVICE REQUEST REPORT TO RECONCILE INVOICES.

The basic FOBMR® service is free to view, but not bid without a basic subscription by the business to be able to process accepted bids to get work.

A business which is in the basic level subscription at $75.00/Month is able to Bid on projects and maintain bid / Win customer data for future marketing and follow up.

FixOrBuildMyRide may from time to time offer a no risk full trial period at the Platinum level not to exceed 60 Days or 2 months, to resume a monthly subscription billing and invoice at the subscription level Monthly recurring thereafter. The Business may alter the subscription level and/or cancel at any time.

At any time during the Monthly period if the business falls behind in paying invoices the penalty will be applied as noted $15 for first month late / $30 for second occurrence and account disabled and removal at the 3rd occurrence.

FixOrBuildMyRide will make every reasonable effort to report open closed service requests, completed and incomplete invoices on the 1st and the 15th of every month for reconciliation purposes.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

A Business may link to our home page, provided it’s done in a way that is fair and legal and does not damage our reputation or take advantage of it, and must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request to info.business@fixorbuildmyride.com.

Jurisdiction and applicable law

The courts of Texas will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Trademarks

“FIXORBUILDMYRIDE” and FOBMR®” are trademarks of FixOrBuildMyRide LLC.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Warranties

We (FOBMR®) provide no warranty or guarantee of vehicle services obtained through Bid/Win connections made using the site. We are performing a broker-type connection/conduit for people to locate, review, and select vehicle maintenance bids using our Bid/Win feature, where service requests and bids are based on best-effort customer service requests. We do not, and will not, convey any repair services or goods either implied or direct to a customer. The registered businesses will respond to a customer service request with a bid or request additional detail to accurately provide a best-price bid.

Warranties

We (FOBMR®) provide no warranty or guarantee of vehicle services obtained through Bid/Win connections made using the site. We are performing a broker-type connection/conduit for people to locate, review, and select vehicle maintenance bids using our Bid/Win feature, where service requests and bids are based on best-effort customer service requests. We do not, and will not, convey any repair services or goods either implied or direct to a customer. The registered businesses will respond to a customer service request with a bid or request additional detail to accurately provide a best-price bid.

Your concerns

If you have any concerns about material which appears on our site, please contact info@fixorbuildmyride.com or mail us at: 100 Commons Rd Suite 7 Ste 7 361 Dripping Springs, TX 78620

1. LIMITATION OF LIABILITY:

IN ANY EVENT (I) FOBMR® LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE) FOR THE QUALITY OR FITNESS FOR PURPOSE OF ANY GOODS THAT ARE SUPPLIED UNDER THESE TERMS AND CONDITIONS OR ON ANY OTHER BASIS, WILL NOT EXTEND TO THE VSP’s LOSS OF PROFIT, INCREASED COST OF WORKING/LABOUR OR ANY OTHER INDIRECT, CONSEQUENTIAL OR FINANCIAL LOSSES OR DAMAGES WHICH MAY BE INCURRED BY THE VSP (II) THE FOBMR® ’S MAXIMUM LIABILITY TO THE VSP IN RESPECT OF ALL LOSSES ARISING UNDER, OR IN CONNECTION WITH, THE SUPPLY OF ANY GOODS TO THE VSP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE) WILL NOT EXCEED THE PRICE OF THE GOODS IN QUESTION AND (III) NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES THE VSP’S LIABILITY FOR ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR THE VSP TO LIMIT OR EXCLUDE ITS LIABILITY.

INTELLECTUAL PROPERTY AND CONFIDENTIALITY

In these terms and conditions, the ‘Intellectual Property’ includes (without limitation) any patent, trade mark, service mark, copyright, design right, moral right, know-how or any other form of intellectual property, whether registered or unregistered and whether existing now or in the future, in any format or media whatsoever, in (or arising in respect of or in connection with) all goods, specifications, designs or other written, printed or graphic materials or images supplied, or made available for inspection, by FOBMR®.

All of the Intellectual Property is, and will remain, the absolute and unencumbered property of FOBMR® wholly and exclusively.  FOBMR® businesses are prohibited from using any of FOBMR®’s Intellectual Property, unless a written license agreement is entered into between the FOBMR® and the business.  The FOBMR®  and the business agree that they will each, at all times, keep strictly private and confidential any and all confidential information that they acquire from each other as a consequence of operating with each other under these terms and conditions, except for disclosing any such information (i) which they may be (and then only to the extent they are) entitled or bound to disclose under compulsion of law or where requested by any regulatory agency or (ii) to their professional advisers where reasonably necessary for the performance of their professional services. 

ARBITRATION AND GOVERNING LAW

The headings used in these terms and conditions are used for reference purposes only and will not affect the construction, or interpretation, of these terms and conditions. If, at any time, any question, dispute or difference arises between the Buyer and the Seller out of, or in relation to or in connection with, these terms and conditions and/or any contract between the VSP and FOBMR® , either party may give to the other written notice of the existence of such question, dispute or difference, and such matter shall then be referred to arbitration, by a single arbitrator appointed jointly by the parties (or, at the request of either party, by the Texas Courts (or any replacement or equivalent body)) for final resolution. Any such arbitration will take place in Texas and will be conducted in the English language. No payment due by the VSP to FOBMR® shall be withheld by the VSP on account of such pending arbitration. These terms and conditions shall be governed by, and construed in accordance with, the laws of USA and (subject to the foregoing provisions of this paragraph 8) each party agrees to submit to the exclusive jurisdiction of the courts of Texas in connection with any claim or dispute arising out of, or in connection with, these terms and conditions and/or any other contract or agreement between the parties.