Welcome to the DIY Genius website (“Website”). Please read these terms and conditions carefully before using this Website.
This Website is offered to you by DIY Genius LLC(“DIY Genius”) on the condition that you accept the terms, conditions, and notices hereunder (“Terms”) without modification. Your use of this Website constitutes your agreement to all such terms, conditions and notices. This site is intended only for access from other countries where there are no country specific websites for DIY Genius products, and where access to such sites and/or the contents of the site are not prohibited by law.
Your use of particular services or areas of the Website may also be subject to additional terms outlined elsewhere on the Website (the "Additional Terms"). You agree to be bound by these Additional Terms, and in the event that any of the Terms conflict with the Additional Terms, then the Additional Terms shall control to the extent of such conflict.
DIY Genius reserves the right to change the Terms under which the Website is offered. You are responsible for regularly reviewing these Terms to ensure your continuing compliance with these Terms.
DIY Genius grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DIY Genius. This license does not include any resale or commercial use of this Website or its contents.
The following activities are also specifically prohibited:
- any collection and use of any product information, listings, descriptions, prices or any other materials made available on the Website;
- any derivative use of this Website or its contents; or
- any downloading or copying of account information;
No part of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trade mark (including without limitation “DIY Genius” and derivatives), logo, or other proprietary information (including images, text, page layout, or form) of DIY Genius and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing DIY Genius's or its affiliates' names or trademarks (including without limitation “DIY Genius” and derivatives) without the express written consent of DIY Genius. Any unauthorized use terminates the permission or license granted by DIY Genius.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main Welcome page of DIY Genius as long as the link does not portray DIY Genius, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DIY Genius logo or other proprietary graphic or trade mark as part of the link without our express written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
Certain portions of the website will allow you to forward material via email to addressees specified by you. By using this facility, you warrant and confirm that you have the consent of the recipient to send such emails.
If you post or upload content, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".
Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a DIY Genius employee, host, or representative or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
The entire content included in this Website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted and is the property of DIY Genius or its licensors.
All trade marks, service marks, and trade names (including without limitation “DIY Genius” and derivatives) are trade marks or registered trade marks of and are proprietary to DIY Genius, or other respective owners that have granted DIY Genius the right and license to use such trade marks.
All of the aforesaid rights are retained by DIY Genius and its licensors.
Users of this Website may be permitted to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, but we reserve the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, you represent and warrant that:
a) you own or otherwise control all of the rights to the content or material that you post;
b) the content and material is accurate;
c) use of the content and material you supply does not breach any applicable laws and will not cause injury to any person or entity (including that the content or material is not defamatory).
You further grant DIY Genius and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and material throughout the world in any media (whether now known or in the future invented); and the right to use the name that you submit in connection with such content.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to DIY Genius, including the execution of deeds and documents, at the request of DIY Genius.
DIY Genius does not and cannot review all communications and materials posted to or created by users accessing the Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, DIY Genius is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.
Any material, information or other communication you transmit, upload or post to this Website will be considered non-confidential and non-proprietary. DIY Genius will have no obligations with respect thereto. DIY Genius and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
DIY Genius reserves all rights to deny or restrict access to this Website to any particular person, or to block access from a particular Internet address to this Website, at any time, without ascribing any reasons whatsoever.
In the event a DIY Genius product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, DIY Genius shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. DIY Genius shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DIY Genius shall issue a credit to your credit card account in the amount of the incorrect price.
This Website may contain hyperlinks to web sites which are not maintained by DIY Genius. Hyperlinks to other web sites are provided as a convenience. Use of the hyperlinks and access to such web sites are entirely at your own risk. DIY Genius is not responsible for the contents of those web sites and shall not be liable for any damages or loss arising from access to those web sites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those web sites or the activities of the people, organizations and/or businesses responsible for those web sites.
DIY Genius reserves the right to disable any links or frames from this Website, and disclaims any responsibility for the content available on any other site reached by links to or from this Website.
THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, PRODUCT LISTINGS, NEWS, ARTICLES AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) DIY Genius HEALTHCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES ON THE PART OF DIY Genius ARE EXPRESSLY DISCLAIMED; (C) DIY Genius DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (D) DIY Genius DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL DIY Genius BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DIY Genius HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE.
YOU ALSO AGREE THAT DIY Genius SHALL ALSO NOT BE LIABLE FOR ANY CLAIM, DAMAGE OR LOSS OF ANY KIND OF ANY NATURE WHATSOEVER CAUSED AS A RESULT (DIRECT OR INDIRECT) OF OR OTHERWISE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGE OR LOSS SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY RELIANCE ON ANY CONTENT CONTAINED IN OR AVAILABLE FROM THE WEBSITE.
You agree to indemnify, defend, and hold harmless DIY Genius, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.
These Terms and your use of this Website shall be governed in all respects by the laws of United States. The U.N. Convention on contracts for the International Sale of Goods shall not apply. You irrevocably submit to the exclusive jurisdiction of the United States courts.
This privacy statement applies to the DIY Genius website (the “Website”) maintained by DIY Genius Limited (“DIY Genius”). By accessing and using this Website, you shall be deemed to have accepted and agreed to the terms hereafter set forth (the “Privacy Terms”). If you do not agree to these Privacy Terms, please do not use this Website.
These Privacy Terms may be changed from time to time. Changes will be posted on this page and your use of this Website after such changes have been posted will constitute your agreement to the modified Privacy Terms and all of the changes.
- The information collected by DIY Genius about you may include one or more of the following:
- any information you enter on the Website or give us in any other way (including by e-mail);
- certain types of information whenever you interact with this Website. For example, "cookies" are used on this Website and DIY Genius obtains certain types of information when your Web browser accesses the same. Cookies may be stored on your computer's hard drive through your Web browser to enable our systems to recognize your browser, identity and other information;
- your IP address, geographic location, user preferences and activities whilst at our Website.
- You agree to our collection of such information and you also agree that DIY Genius may disclose to its third party service providers information collected about you.
- You agree to protect against unauthorized access to your password and to your computer, and to sign off when you are no longer accessing the Website.
- The Website may include third-party advertising and links to other websites, which may cookies or employ certain technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites. This Privacy Statement accordingly does not apply to these advertisers and websites, and please contact them directly for more information about their privacy practices.
- The Website may contain links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and encourage you to consult the privacy notices of those sites.
- These Privacy Terms and your use of this Website shall be governed in all respects by the laws of United States. You irrevocably submit to the exclusive jurisdiction of the United Statescourts.