Terms of Use

Last Updated March 1, 2023

Please review these Terms of Use carefully.

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND THE DIYBOOK ENTITIES ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. Introduction

Welcome to the family of websites and applications provided by DIYBook. These Terms of Use govern your access to and use of all DIYBook Sites among other things. By using the DIYBook Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the DIYBook Sites is unauthorized. Additional terms and conditions apply to some services offered on the DIYBook Sites or through other channels. Those terms and conditions can be found where the relevant service is offered on the DIYBook Sites or otherwise and are incorporated into these Terms of Use by reference.

DEFINED TERMS: In these Terms of Use:

• When we say “DIYBook,” we mean DIYBook LLC (including any subsidiaries that DIYBook LLC may form or acquire in the future), and its affiliates, directors, officers, members, managers, employees and agents. We also refer to DIYBook as “we,” “us” and “our.” But when we say “DIYBook Entities,” we mean DIYBook; its suppliers, vendors, contractors, and licensors.
• When we say “DIYBook Sites,” we mean any domain or subdomain of DIYBook.us, the DIYBook Apps, and all related functionality, services, and Content offered by or for DIYBook on or through any domain or subdomain of DIYBook.us, and the DIYBook Apps or the systems, servers, and networks used to make the DIYBook Sites available.
• When we say “DIYBook Apps,” we mean any of the functionalities on the DIYBook Sites.
• When we say “you” or “your” we mean any user (like you!) of any DIYBook Site and any person who has notice of these Terms of Use.
• When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by DIYBook on the DIYBook Sites (and any updates by DIYBook to these Terms of Use and those terms and policies).
• A few other key terms used in these Terms of Use:
  • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
  • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the DIYBook Sites.
  • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the DIYBook Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the DIYBook Sites through the tools offered by such social media platforms).
  • When we say “Materials,” we mean Content that DIYBook Entities make available on or through the DIYBook Sites.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on DIYBook’s liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the DIYBook Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it is your responsibility to regularly check the DIYBook Sites for any updated Terms of Use.  In addition, by continuing to use or access any of the DIYBook Sites or otherwise engaging with DIYBook after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

Your Use of the DIYBook Sites

You certify that the Content you provide on or through the DIYBook Sites is accurate and that the information you provide on or through the DIYBook Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, and password. DIYBook is not responsible for any losses arising out of the unauthorized use of your account. You agree that DIYBook does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the DIYBook Sites. You agree that DIYBook is not a party to any such agreement, nor is DIYBook responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the DIYBook Sites or any portion of the DIYBook Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the DIYBook Sites or any portion of the DIYBook Sites.

• In connection with the DIYBook Sites, you will not:
  • Make available any Content through or in connection with the DIYBook Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
  • Make available through or in connection with the DIYBook Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Use the DIYBook Sites for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the DIYBook Sites.
  • Interfere with or disrupt the operation of the DIYBook Sites or the systems, servers, or networks used to make the DIYBook Sites available, including by hacking or defacing any portion of the DIYBook Sites; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the DIYBook Sites.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the DIYBook Sites except as expressly authorized in these Terms of Use, without DIYBook’s express prior written consent.
  • Reverse engineer, decompile, or disassemble any portion of the DIYBook Sites, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary rights notice from the DIYBook Sites.
  • Frame or mirror any portion of the DIYBook Sites, or otherwise incorporate any portion of the DIYBook Sites into any product or service, unless you obtain DIYBook’s express prior written consent to do so.
  • Systematically download and store any Materials.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the DIYBook Sites, without DIYBook’s express prior written consent.
  • Cause injury to any person or entity.
  • Violate any law, rule, or regulation, or these Terms of Use.
• You will not use the DIYBook Sites or DIYBook’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a DIYBook trademark, logo, URL, or product name without DIYBook’s written consent;
• You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3. Content and Ideas

A. Submitting Content and Ideas

DIYBook provides functionality that enables users to make available Content and Ideas in connection with the DIYBook Sites. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any DIYBook Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. Content and Ideas

You grant to DIYBook a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that DIYBook is free to use any Ideas for any purpose. DIYBook may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. DIYBook is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to DIYBook the right to use any name associated with any Content or Idea that you make available to DIYBook, although DIYBook has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea. Notwithstanding the foregoing, DIYBook will not copyright any material you may generate on the DIYBook Sites and any such material shall be your property and not the property of DIYBook.

C. Prohibited Content

You agree that you will not make available Content in connection with the DIYBook Sites that:

• is false, fraudulent, inaccurate, or misleading;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including DIYBook), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable;
• is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DIYBook in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from DIYBook;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including DIYBook, its related entities, employees, and agents;
• violates any policy posted on the DIYBook Sites; or
• is intended to cause harm, damage, disable, or otherwise interfere with the DIYBook Sites or our partners.

4. Monitoring by DIYBook

DIYBook will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the DIYBook Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by DIYBook from time to time. DIYBook will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the DIYBook Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify DIYBook for all claims resulting from any Content you make available.

5. Materials Available on the DIYBook Sites

DIYBook and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The DIYBook Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the DIYBook Sites, we would appreciate it if you let us know by contacting us on the Contact US page.  (Your feedback is a big part of what helps DIYBook to get better at helping you!)

THE DIYBOOK ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

6. Merchandise

Once you approve your manuscript for publication, DIYBook is not responsible for any errors in your manuscript. DIYBook will publish it as you have provided it to DIYBook.

7. Third Party Sites

References on DIYBook Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. DIYBook is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the DIYBook Sites operate or otherwise interact, nor is DIYBook responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

8. Placing an Order

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your DIYBook account, including on DIYBook affiliated sites and properties which you access via your DIYBook account credentials.

All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or other problems. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. DIYBook may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

DIYBook reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. DIYBook also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from DIYBook for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, DIYBook may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of these Terms of Use.

B. Pricing Information; Availability

DIYBook cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the DIYBook Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. DIYBook reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from DIYBook. DIYBook may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

D. Gift Cards

The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards.  

9. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the DIYBook Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the DIYBook Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States.

10. Export Policy

You acknowledge that goods sold on the DIYBook Sites may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws.

11. Intellectual Property

The DIYBook Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to DIYBook, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by DIYBook to use the DIYBook Sites, you may access, view, download, and print the Materials.

No license, right, title, or interest in the DIYBook Sites or any Materials is transferred to you as a result of your use of the DIYBook Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the DIYBook Sites. Notwithstanding the foregoing, you shall own the copyright to any manuscript, and all parts thereof, you generate using the DIYBook Sites.

DIYBOOK names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the DIYBook Sites are trademarks or trade dress of DIYBook in the U.S. and other countries. All other marks are the property of their respective companies. The foregoing does not pertain to Materials that you purchase from DIYBook.

12. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the DIYBook Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at __) for instructions on how to contact us to report possible copyright infringement.

13. Privacy

You acknowledge that any personal information that you provide through the DIYBook Sites will be used by DIYBook in accordance with DIYBook’s Privacy Policy (available at __), which may be updated by DIYBook from time to time.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to DIYBook and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the DIYBook Privacy Policy for how DIYBook treats your data.

14. Third-Party Software & Licensing Notices

The DIYBook Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties.

15. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the DIYBook Sites may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

16. Shipping and Handling

• Once you have placed an order, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
• For delivery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
• We will not provide you a refund for goods purchased as the items purchased on DIYBook Sites are, by their nature, not items that can be resold to other customers.  
• Notwithstanding the foregoing, all refunds will be subject to our discretion.
• We aim to deliver your goods within the delivery window you selected when placing your order, but do not guarantee that goods will be delivered on or by a certain date. DIYBook will not be liable for delivering the goods outside of the requested delivery slot or failing to deliver all or any of the goods in your order.
• We can only deliver to an address stored in your address book in your account.

Your Files

• DIYBook claims no ownership rights to the photos, photo files, albums, projects, captions, writings or prints (collectively defined as “Printed Materials”), that you place in your DIYBook Account. However, by uploading Printed Materials into your DIYBook Account, you agree to waive all moral rights to those images. In addition, you grant to DIYBook a nonexclusive, worldwide, royalty-free, sublicensable license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit, distribute, and otherwise make available the Printed Materials included in your DIYBook Account for the following purposes: (1) fulfilling orders; (2) improving tDIYBook; and (3) developing new technologies and services for DIYBook. We will not use or modify your Printed Materials for any purposes other than the foregoing without your permission.
• You are responsible for monitoring and creating backup copies of the Printed Materials stored in your account. DIYBook is not provided to you under any warranty. DIYBook will not be liable for any damage to your Printed Materials, photos, albums, rolls, or uploads, including but not limited to loss, deletion or alteration.
• DIYBook may terminate your service or access to the DIYBook and delete any and all information, including but not limited to your Printed Materials, without notice, for any reason including, but not limited to (1) your violation of these Terms of Use or other policies set by DIYBook elsewhere on the DIYBook Sites; (2) online conduct that DIYBook believes is harmful to other customers, the business of DIYBook, or other third-party information providers; and (3) failure to access your account for one (1) year after the expiration of your subscription.
• DIYBook reserves the right to disclose any Printed Materials made available by you or any other customers as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to submit or to remove any Photos, in whole or in part, that in DIYBook’s judgment are unsuitable or in violation of these Terms of Use or other policy set by DIYBook elsewhere on the DIYBook Sites. DIYBook may delete, move, and edit Printed Materials for any reason, at any time, without notice.
• By making available Printed Materials, you warrant that you are the sole author and owner of the Printed Materials, or that you have obtained all required releases or permissions to permit copying, printing, licensing of the Printed Materials, and your use of DIYBook, as set forth in these Terms of Use.
• DIYBook reserves the right to require that you obtain a signed copyright release form from the photographer or studio for photographs or writer of any of the Printed Materials not owned by you that are signed, stamped, or otherwise identified as copyrighted material, or any Printed Materials that appear to have be owned by someone other than you, even if not marked with any sort of copyright.
• DIYBook will not assist in the copying of any state or federal document, including but not limited to driver’s licenses, passports, and social security cards.
• DIYBook will not be liable to you for any unexpected outage or disruption of service.
• Making available any Printed Materials to DIYBook for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Printed Materials or computer system, or any loss of data, by DIYBook, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will not generate any liability for DIYBook. To the fullest extent provided by applicable law, the handling of any Printed Materials is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.
• You understand and agree that any Content, including but not limited to Printed Materials and software, downloaded or otherwise obtained through the use of DIYBook is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material.

17. Disclaimer of Warranties

THE DIYBOOK SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIYBOOK SITES ARE PROVIDED BY DIYBOOK ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO DIYBOOK ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIYBOOK SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DIYBOOK ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE DIYBOOK ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE DIYBOOK SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE DIYBOOK SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE DIYBOOK SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO DIYBOOK ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE DIYBOOK SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, DIYBOOK ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A DIYBOOK ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO DIYBOOK ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE DIYBOOK SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

19. Indemnification

You agree to defend (at DIYBook’s option), indemnify, and hold the DIYBook Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the DIYBook Sites or any breach by you of these Terms of Use. DIYBook reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with DIYBook if and as requested by DIYBook in the defense and settlement of such matter.

20. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the DIYBook Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and DIYBook will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND DIYBOOK, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT DIYBOOK AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration. The parties to any such arbitration will split the fees and expenses to JAMS and any arbitrator(s). In the event of any conflict between the JAMS Rules and these Terms of Use, these Terms of Use will control.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Westchester County, New York.

The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the State of New York, without regard to conflicts of law principles.

21. Termination

These Terms of Use are effective unless and until terminated by either you or DIYBook. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the DIYBook Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the DIYBook Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.

The following sections will survive any termination of these Terms of Use: “Your Use of the DIYBook Sites,” “Content and Ideas,” “Monitoring by DIYBook,” “Merchandise,” “Third Party Sites,” “Placing an Order with DIYBook,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

22. General

These Terms of Use represent the complete agreement and understanding between you and DIYBook and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and DIYBook. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of DIYBook to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit DIYBook’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the DIYBook Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23. Filtering

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

24. How to Contact Us

If you have any questions or comments, please contact us by using the Contact Us page.  

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. DIYBook Sites: © 2023 DIYBook All Rights Reserved.