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Terms and Conditions

FixMate® Terms and Conditions
HOME CLUB™ and CONTRACTOR CLUB™

HOME CLUB™

The following Terms and Conditions govern the FixMate® Home Club™ and the benefits available thereunder. All persons subscribing to the FixMate® services or products are urged to read the Terms and Conditions carefully and if there are any questions to contact a FixMate® representative, at www.fixmate.com, or at 613.792.4443, 8am - 6pm EST Monday-Friday. This Agreement (the "Agreement") is made between ABSTRACT TO EARTH CONSULTANTS INC., carrying on business as FixMate® ("FixMate®"), an Ontario, Canada corporation with executive offices at 23161 - 2121 Carling Avenue, Ottawa, Ontario, Canada, K2A 4E2, and the person specified as the FixMate® Home Club™ member. ("you" or the "Member"). FixMate® is a registered trade mark used by Abstract to Earth Consultants Inc. under license.

TERMS AND CONDITIONS - ACCEPTANCE, AGREEMENT
The access and use of any FixMate® services or products, including the Internet Web site, is offered strictly on the condition that you accept and agree to, without modification, the Terms and Conditions. Indeed, your access and use of the FixMate® services or products, including the Internet Web site, constitutes your full and unconditional acceptance of and agreement to all such Terms and Conditions and notices in effect at such time. If
you have any questions regarding these Terms and Conditions or this Agreement, you may contact us at www.fixmate.com, or at 613.792.4443, 8am - 6pm EST Monday-Friday. We may amend these Terms and Conditions or this Agreement at any time; changes or amendments will be posted at the bottom of the Internet version of this page for public view and be considered effective 30 days from the date such changes take place.

REFERRAL SERVICES
Upon entering your information and the request for which you would like a Home Service or Building Professional, FixMate® will try to provide you with a list of Home Service or Building Professionals in your area, if any, who may be interested in providing the service. However, FixMate® does not guarantee to be able to match your service needs with a Home Service or Building Professional or that there are Home Service or Building Professionals identified in your area that either are capable or willing to complete your service needs. Although FixMate® takes certain steps to examine the credentials of any listed professionals, FixMate® makes no guarantees or representations regarding the skills, experience, qualifications or representations of such Home Service or Building Professional or the quality of the job that he or she may perform for you if you elect to retain their services. FixMate® provides a referral service as a key activity. FixMate® is not a general contractor and does not employ any independent contractors or represent independent contractors exclusively. FixMate® does not endorse or recommend the services of any particular Home Service or Building Professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Home Service or Building Professional. FixMate® does not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The
Home Service or Building Professionals are not employees or agents of FixMate®, nor is FixMate® an agent of the Home Service or Building Professionals. FixMate® does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with Home Service or Building Professionals are governed by the terms of such contracts and by applicable federal, provincial, state, and local laws. Should you have a dispute with any Home Service or Building Professional, you must address such dispute with the
Professional directly.

ELECTRONIC DISCLOSURE AND CONSENT
Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. FixMate® will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. 1. At your request, FixMate® agrees to provide you with a paper copy of any amendments to this Agreement but FixMate® may charge you a fee for such service. You may request paper copies of required notices by calling 613.792.4443

2. You have the right to withdraw this consent, but if you do FixMate® will immediately terminate this Agreement and/or the benefits available thereunder. To withdraw your consent, please contact FixMate® by calling 613.792.4443

3. In order for you to access and retain this information, your system must meet the following requirements: (1) An IBM or Macintosh compatible computer, (2) Internet Access, (3) An Internet browser such as Internet Explorer 4.0 or above, Netscape Navigator 4.0 or above or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. If these software or hardware requirements change, FixMate® will provide you with prior notice of such change and the opportunity to withdraw your consent via electronic mail. Your submission of an online application shall constitute your acknowledgment that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements.

4. It is your responsibility to contact FixMate® immediately if your electronic or postal mail address changes. You can contact FixMate® to inform FixMate® of such changes by calling 613.792.4443. FIXMATE® MEMBER REPRESENTATION AND OBLIGATIONS In return for the Services or Benefits available under the FixMate® Home Club™, each Member acknowledges such Member's obligations to FixMate® as follows: (1) you have read the FixMate® Home Club™ Terms and Conditions carefully, and understand the provisions of the FixMate® Home Club™, and fully and unconditionally accept and agree to all such Terms and Conditions; (2) You may cancel your membership in the FixMate® Home Club™ at any time prior to the conclusion of the then current Membership Term and be entitled to the refund of the pro rata unused portion of the Membership Fee subject to the terms of this Agreement, (3) the Membership Term will renew automatically effective the first day following the conclusion of the existing
Membership Term unless you elect to cancel in accordance with this Agreement; (4) the benefits of membership in the FixMate® Home Club™ are not assignable without the expressed written consent of FixMate® and you will use your membership only for personal, non-commercial use or for the benefit of your immediate family. For purposes of this Agreement, "Immediate Family" shall be limited to the Member, and his or her spouse and children residing in the same house. A violation of this provision will result in your forfeiture of membership in the FixMate® Home Club™; and (5) FixMate® assumes no responsibility for the payment of or contribution to any goods, service, use or sales tax on Services, Products, or Benefits that may be imposed by any provincial, state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Services, Products, or Benefits, as the case may be.

GOVERNING LAW
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the Province of Ontario.

DISCLAIMER OF LIABILITY AND WARRANTIES
FixMate® shall have no liability in regard to any Services or Benefits provided, or to be provided, by any non-affiliated third party Home Service or Building Professional. All Home Service or Building Professionals are independent contractors and not employees, partners or joint venture partners with FixMate®. You agree that claims with regard to any Services or Benefits shall be made against the Home Service or Building Professional providing or performing such product services and not FixMate®. FixMate® is not a merchant, manufacturer, or direct provider for any of the services, products, or benefits made available to members. Accordingly, all products, services, advice, merchandise and information available to Members are provided on an "AS IS", "AS AVAILABLE" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guaranty is given regarding the completeness, accuracy, reliability or quality of any information, content, data, advice, service, product or merchandise provided or available to, or purchased by Members through the website or otherwise through his or her membership in the FixMate® Home Club™. Although FixMate® upon request by the Member, will endeavor to intervene in conjunction with a Member experiencing a problem or discrepancy with a Home Service or Building Professional, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim.

AGREE TO RELEASE
You hereby agree to release FixMate® (and our Officers, Directors, Affiliates, Employees and Agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with Home Service or Building Professionals.

GENERAL RELEASE
Each Member, for himself/herself, and on behalf of any person who uses the Services, Products, or Benefits available through the FixMate® Home Club™, hereby forever releases, acquits and discharges FixMate® from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the
use of any and all Services, Products, or Benefits available through the FixMate® Home Club™. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership and the refund of the Membership Fee.

ENTIRE AGREEMENT
The foregoing Terms and Conditions contain the entire Terms and Conditions and Agreement in connection with Member's participation in the FixMate® Home Club™ and no representations, inducements, promises or agreement, or otherwise, between FixMate® and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof
shall not be affected thereby.

BINDING EFFECT
The foregoing Terms and Conditions and Agreement shall be binding upon and inure to the benefit of FixMate® and the Member as well as their respective successors and permitted assigns.

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FixMate® Terms and Conditions

CONTRACTOR CLUB™

The following Terms and Conditions govern the FixMate® Contractor Club™ and the benefits available thereunder. All persons subscribing to the FixMate® services or products are urged to read the Terms and Conditions carefully and if there are any questions to contact a FixMate® representative, at www.fixmate.com, or at 613.792.4443, 8am - 6pm EST Monday-Friday. This Agreement (the "Agreement") is made between ABSTRACT TO EARTH CONSULTANTS INC., carrying on business as FixMate® ("FixMate®"), an Ontario, Canada corporation with executive offices at 23161 - 2121 Carling Avenue, Ottawa, Ontario, Canada, K2A 4E2, and the company or person specified as the FixMate® Contractor Club™ member ("you" or the "Member"). FixMate® is a registered trade mark used by Abstract to Earth Consultants Inc. under license.

TERMS AND CONDITIONS - ACCEPTANCE, AGREEMENT
The access and use of any FixMate® services or products, including the Internet Web site, is offered strictly on the condition that you accept and agree to, without modification, the Terms and Conditions. Indeed, your access and use of the FixMate® services or products, including the Internet Web site, constitutes your full and unconditional acceptance of and agreement to all such Terms and Conditions and notices in effect at such time. If
you have any questions regarding these Terms and Conditions or this Agreement, you may contact us at www.fixmate.com, or at 613.792.4443, 8am - 6pm EST Monday-Friday. FixMate® may amend these Terms and Conditions or this Agreement at any time; changes or amendments will be posted at the bottom of the Internet version of this page for public view and be considered effective 30 days from the date such changes take place.

REFERRAL SERVICES
FixMate® provides a referral service as a key activity. To be eligible to participate in such service, you must register with FixMate® by providing key details and information, including, but not limited to proof of professional qualifications, licensing, experience, and insurance, along with business references; plus pay any applicable fees. Provision of these elements does not assure full and final registration with FixMate®. FixMate® reserves the right to register a Home Service or Building Professional at its sole discretion. FixMate® has the absolute discretion to accept or reject the registration of any Home Service or Building Professional. Successful registration of any Home Service or Building Professional does not constitute an offer of any nature or kind whatsoever by FixMate® to any or to all Home Service or Building Professionals. FixMate® will not be responsible for any expense incurred by any Home Service or Building Professional preparing an application for registration or membership, or fulfilling any subsequent requirement. Member agrees that FixMate® may conduct a background check through a credit reporting agency, clearinghouse of revoked and suspended licenses, or such other reasonable background check on Member as permitted by law. Upon successful registration, FixMate® will try to provide you with contact information for a FixMate® Home Club™ member in your area, if any, who may be interested in procuring your service or product. However, FixMate® does not guarantee to be able to match your service or product with a FixMate® Home Club™ member or that there are FixMate® Home Club™ members identified in your area that are in need of your service or product. Although FixMate® takes certain steps to examine the validity of any FixMate® Home Club™ member's request, FixMate® makes no guarantees or representations regarding the integrity of any FixMate® Home Club™ members or request or their financial resources and ability to compensate or pay for your service or product. Member agrees to perform all services resulting from FixMate® referrals in a workmanlike manner and will hire subcontractors as necessary who shall be appropriately licensed and bonded and who shall be competent to perform the task for which the subcontractor is hired. FixMate® reserves the right to cancel this agreement at any time if Member does not exhibit a commitment to quality and customer service. FixMate® is not a general contractor and does not employ any independent contractors or represent independent contractors exclusively. FixMate® does not endorse or recommend the services of any particular Home Service or Building Professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement
with a FixMate® Home Club™ member. FixMate® does not guarantee or warrant the cooperation or performance on the job of the FixMate® Home Club™ member or their ability or willingness to provide any reimbursement, compensation, consideration or payment for your service or product. The Home Service or Building Professionals are not employees or agents of FixMate®, nor is FixMate® an agent of the Home Service or Building Professionals. FixMate® does not perform, and is not responsible for, any of the services requested by a FixMate® Home Club™ member. Your rights under contracts you enter into with a FixMate® Home Club™ member are governed by the terms of such contracts and by applicable federal, provincial, state, and local laws. Should you have a dispute with any FixMate® Home Club™ member, you must address such dispute with the member directly.

ELECTRONIC DISCLOSURE AND CONSENT
Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. FixMate® will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. 1. At your request, FixMate® agrees to provide you with a paper copy of any amendments to this Agreement but FixMate® may charge you a fee for such service. You may request paper copies of required notices by calling 613.792.4443

2. You have the right to withdraw this consent, but if you do FixMate® will immediately terminate this Agreement and/or the benefits available thereunder. To withdraw your consent, please contact FixMate® by calling 613.792.4443

3. In order for you to access and retain this information, your system must meet the following requirements: (1) An IBM or Macintosh compatible computer, (2) Internet Access, (3) An Internet browser such as Internet Explorer 4.0 or above, Netscape Navigator 4.0 or above or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. If these software or hardware requirements change, FixMate® will provide you with prior notice of such change and the opportunity to withdraw your consent via electronic mail. Your submission of an online application shall constitute your acknowledgment that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements.

4. It is your responsibility to contact FixMate® immediately if your electronic or postal mail address changes. You can contact FixMate® to inform FixMate® of such changes by calling 613.792.4443.

FIXMATE® MEMBER REPRESENTATION AND OBLIGATIONS
In return for the Services or Benefits available under the FixMate® Contractor Club™, each Member acknowledges such Member's obligations to FixMate® as follows: (1) you have read the FixMate® Contractor Club™ Terms and Conditions carefully, and understand the provisions of the FixMate® Contractor Club™, and fully and unconditionally accept and agree to all such Terms and Conditions; (2) you may cancel your membership in
the FixMate® Contractor Club™ at any time prior to the conclusion of the then current Membership Term and be entitled to the refund of the pro rata unused portion of the Membership Fee subject to the terms of this Agreement; (3) the Membership Term will renew automatically, subject to remaining in good standing and current with all qualification, licensing and insurance requirements, effective the first day following the conclusion of the existing
Membership Term unless you elect to cancel in accordance with this Agreement; (4) the benefits of membership in the FixMate® Contractor Club™ are not assignable without the express written consent of FixMate®. A violation of this provision will result in your forfeiture of membership in the FixMate® Contractor Club™; and (5) FixMate® assumes no responsibility for the payment of or contribution to any goods, service, use or sales tax on Services, Products, or Benefits that may be imposed by any provincial, state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Services, Products, or Benefits, as the case may be. Member authorizes FixMate® and its affiliates to contact Member using telephone, fax, and email addresses provided, and any additional telephone, fax, and email addresses the Member may provide in writing or verbally in the future.

GOVERNING LAW
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the Province of Ontario.

DISCLAIMER OF LIABILITY AND WARRANTIES
FixMate® shall have no liability in regard to any Services or Benefits provided, or to be provided, by any non-affiliated third party Home Service or Building Professional. All Home Service or Building Professionals are independent contractors and not employees, partners or joint venture partners with FixMate®. You agree that claims with regard to any Services or Benefits shall be made against the FixMate® Home Club™ member who engaged or procured the product or services and not FixMate®. FixMate® is not a merchant, manufacturer, or direct provider for any of the Services, Products, or Benefits made available to Members. Accordingly, all products, services, advice, merchandise and information available to members are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guaranty is given regarding the completeness, accuracy, reliability or quality of any information, content, data, advice, service, product or merchandise provided or available
to, or purchased by members through the website or otherwise through his or her membership in the FixMate® Contractor Club™.
Although FixMate® upon request by the Member, will endeavor to intervene in conjunction with a Member experiencing a problem or discrepancy with a FixMate® Home Club™ member, in the event any dispute or conflict arises with a FixMate® Home Club™ member, the Member will look solely to the FixMate® Home Club™ member for any compensation, resolution or satisfaction of claim.

INDEMNIFICATION
Member agrees that FixMate® shall bear no responsibility for payment of Member for work performed. Member and FixMate® are acting as independent companies/entities and no employee of either shall be deemed to be in the employ of the other, nor shall either party have any right or authority to act on behalf of the other beyond that expressly granted herein. Member agrees to maintain the proper bonding, licensing, and insurance as needed for each project performed, and notify FixMate® of any changes in members bonds, licenses or insurance status. Member agrees to defend, indemnify and hold FixMate®, inc. harmless from and against any demands, claims, charges, or liability of any kind arising out of any work performed by Member, including, without limitation, claims by any customer, client, subcontractor or supplier of Member.

AGREE TO RELEASE
Member hereby agrees to release FixMate® (and our officers, directors, affiliates, employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with FixMate® Home Club™ members.

GENERAL RELEASE
Each Member, for himself/herself, and on behalf of any person who uses the Services, Products, or Benefits available through the FixMate® Contractor Club™, hereby forever releases, acquits and discharges FixMate® from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Services, Products, or Benefits available through the FixMate® Contractor Club™. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership and the refund of the Membership Fee.

ENTIRE AGREEMENT
The foregoing Terms and Conditions contain the entire Terms and Conditions and Agreement in connection with Member's participation in the FixMate® Contractor Club™ and no representations, inducements, promises or agreement, or otherwise, between FixMate® and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.

BINDING EFFECT
The foregoing Terms and Conditions and Agreement shall be binding upon and inure to the benefit of FixMate® and the Member as well as their respective successors and permitted assigns.

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