Using the Site
You understand that the Site is directed only to residents of the United States who are at least 18 years of age and who have authority to enter into binding agreements. Subject to compliance with this Agreement, you have a limited and revocable license to access and use the Site for its intended purpose, which shall be for your personal use and not for any commercial purpose such as for purposes of resale or operating a service bureau or data center. (See also “Prohibited Conduct” below). You may print copies of Site materials as reasonably necessary for permitted use of the Site, but such copies shall not be distributed to others. The Company provides this Site for informational purposes only.
Disclaimer of Warranties
PLEASE NOTE: WE ARE NOT A FINANCIAL ADVISOR AND DO NOT PURPORT TO OFFER FINANCIAL ADVICE. THE MATERIALS CONTAINED ON THE SITE OR THAT YOU RECEIVE FROM THE SITE DO NOT REFLECT THE VIEWS OF THE COMPANY AND WE DO NOT ENDORSE ANY JUDGMENT ORRECOMMENDATION CONTAINED IN ANY OF THE MATERIALS SO PRESENTED. YOU AND YOUR TAX AND OTHER PROFESSIONAL ADVISORS SHOULD EXERCISE INDEPENDENT JUDGMENT AS TO THE APPROPRIATENESS OF ANY COURSE OF ACTION FOR YOU. WE ENCOURAGE YOU TO ADDRESS YOUR PARTICULAR FINANCIAL CIRCUMSTANCES, AND THE APPLICATION OF ANY MATERIALS ON OUR SITE AS IT PERTAINS TO YOUR CIRCUMSTANCES, WITH YOUR TAX ADVISORS AND OTHER PROFESSIONALS. ANY ACTION YOU TAKE IN RELIANCE ON ANY SUCH MATERIALS IS AT YOUR OWN RISK. WE MAKE NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES AS TO THE EFFICACY, CORRECTNESS, VALUE, VALIDITY, USEFULNESS, OR APPROPRIATENESS OF FINANCIAL ADVICE OR OPPORTUNITIES PRESENTED ON THE SITE.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION, AND/OR USE OF THE SITE, AND ANY OFFERINGS THEREON, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), OR OTHERWISE MEET YOUR REQUIREMENTS. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO VIDEOS, USER CONTENT, AND ALL OTHER CONTENT, STATEMENTS, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR USER CONTENT WILL BE UNINTERRUPTED, FULLY SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE COMPANY OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN
Disclaimers Relating to Third Party Content and Links to Third Party Sites
We may display on the Site content, information, advice, instructions, videos, statements, services, products, and other materials from third parties, and links to third-party sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by the Company or its affiliates of any content of the linked third-party website, and the Company does not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither the Company nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL THE COMPANY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD-PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED WITHIN A LINKED SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, EMPLOYEES, DIRECTORS, MEMBERS, OFFICERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, AND SUPPLIERS (COLLECTIVELY, “COMPANY-RELATED PARTIES”) SHALL NOT BE RESPONSIBLE FOR AND NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS OR DOCUMENTS OR CONDUCTING ANY TRANSACTION THROUGH THE SITE. ADDITIONALLY, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE COMPANY-RELATED PARTIES SHALL BE LIMITED TO $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.
Release and Indemnity
You agree to defend, indemnify, and hold harmless the Company, its employees, directors, officers, managers, representatives, agents, suppliers, or service providers from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site (but excluding claims resulting from our breach of this Agreement), including, without limitation, any information or content you post and/or submit to the Site or any interference with the operation of the Site.
You agree not to:
- Access or attempt to access any information, documents, images, software, or materials (individually and collectively “Materials”) that you are not authorized to access or through any means you are not authorized to access;
- Disrupt or interfere with the security of, or otherwise cause harm to the Site, or to any Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
- Access or use the Site in any manner that could damage, disable, overburden, or impair any server or network used by the Company in connection with the Site;
- Use any Materials from the Site in any manner that infringes upon any intellectual property rights or other rights of any party;
- Transmit unsolicited or bulk communications to any email addresses associated with the Company;
- Post or otherwise submit any software, programs, or files via the Site that are harmful or disruptive of another’s equipment, software, or other property, including any corrupted files, time bombs, Trojan Horses, viruses, or worms;
- Disrupt, interfere with, or inhibit any other user from using and enjoying the Site or other websites, Materials, or services associated with the Company;
- Violate any applicable laws or regulations related to the access to or use of the Site, and/or engage in any activity prohibited by this Agreement;
- Compile, scrape, use, download, or otherwise copy any Site Materials (except as expressly permitted by the Agreement), or transmit, provide, or otherwise distribute (whether or not for a fee) such Materials to any third party;
- Use the Site to engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys, or any other duplicative or unsolicited messages (commercial or otherwise);
- Use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site;
- Frame, mirror, or use framing techniques on any part of the Site without the Company’s express prior written consent;
- Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site Materials, or otherwise scrape, collect, store, or use any Materials, except pursuant to the limited license granted by this Agreement;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
- Remove any trademark, copyright, or other proprietary rights notice from the Site or Materials; and/or
- Use any Company domain name as a pseudonymous return email address.
You agree that the Company is free to use any communication, comments, information, ideas, concepts, reviews, techniques, content, or any other material you may send to us, including, without limitation, surveys, responses to questionnaires, or through postings and/or submissions to the Site without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, creating, modifying, or improving the Site and its services. By submitting any comment or other material to the Site, submitting information to us, or in responding to questionnaires, petition forms, or contact forms, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of such material or information submitted in any media, software or technology of any kind now existing or developed in the future. By posting or providing any such material or information, you represent and warranty that public posting and use of such material or information by the Company will not infringe on or violate the rights of any third party.
The Company does not moderate or pre-approve comments you elect to post on the Site. However, the Company reserves the right to edit, alter, or remove any comment posted by you on the Site which the Company determines, in its sole discretion, is harmful, offensive, or in violation of the Agreement.
Trademarks and Copyrights
The DIY Capitalism trademark, DIY Capitalism logo, and other marks, logos, and graphics are the Company’s trademarks or the trademarks of third-party affiliates, and may not be used without our prior written approval. Unless otherwise indicated, content included on the Site, including text, images, video, and other material, is owned by the Company. Unauthorized use of these materials may violate trademark, copyright, patent, or other laws. You agree not to modify, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such materials except as permitted in the Agreement.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to the Company shall be sent by email and regular mail at the addresses listed below. You consent to receive notices or other communications from the Company by posting of the notices on the Site or by email address provided by you to us. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you in accordance with the previous sentence satisfy the legal requirement that such notices be provided in writing. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Choice of Law/Limitations of Actions
This Agreement shall be governed and interpreted in accordance with the laws of the State of Indiana, without regard to its conflicts of law provisions. You agree that in any action arising out of this Agreement or relating to the operation of the Site or content appearing therein, you irrevocably submit to the jurisdiction of a state or federal court covering the County of Johnson, Indiana, and, to the maximum extent permitted by law, agree that those courts shall be the exclusive venues of choice for any such action.
Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between you and the Company with respect to the subject matter hereof.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its term as if the invalid or unenforceable provision was not contained therein. No delay or failure by the Company to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement. The Company may assign its rights or duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement without the prior written consent of the Company.
Digital Millennium Copyright Act Notice Policy
We respect the intellectual property rights of others, and ask you to do the same. If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of the copyrighted works that you claim have been infringed via the Site; (b) identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site, such as the URL where such material may be found on the Site); (c) your street or mailing address, telephone number, and, if available, email address; (d) the following affirmation (if true): “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use).”; (e) the following affirmation (if true): “I hereby state that the above information in this notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed.”; (f) electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
Our designated agent for notice of copyright infringement can be reached at:
PO Box 8054
Greenwood, IN 46142-6429
DIY Capitalism Website Privacy Statement
Scroll down for full Statement. Immediately below is a Summary of the information we collect and the ways in which we use and/or disclose it. PLEASE READ OUR FULL POLICY BELOW THE SUMMARY.
Summary of Privacy Statement
- We collect personal information you provide to us. By “personal information” we mean information that is reasonably identifiable to you or to a particular device, such as name, email address, and zip code. You should be aware of consequences of social media comment features. Read More
- We may automatically collect information related to your use of the Site, such as IP address, and time and date of access. We may use a third-party, such as Google Analytics, to aggregate this data. Read More
- We use information we collect to improve our Site, to enhance system performance, and to offer commercial and non-commercial promotions and opportunities. Read More
- We may transfer personal information to third parties who may send you information. Read More
- We may disclose information to third parties, such as our parent, subsidiaries, and corporate affiliates, service providers, when under legal compulsion, if the Company undergoes a reorganization or sale, or as otherwise allowed by law. Read More
- We attempt to implement reasonable security procedures to protect your information, and we try to contract with vendors who do the same. Read More
- We may link to third party sites. Read More
- We keep your information for as long as we believe we need it, and for as long as the law permits us to keep it. Read More
- Under certain circumstances, you can access and make changes to your personal information. Read More
- Certain rights apply to California residents. Read More
- We notify you of changes to the Privacy Statement by posting them on the Site. Read More
- You may contact us at firstname.lastname@example.org. Read More
“Personal information” is information that is reasonably identifiable to you or to a particular device or that allows you or it to be so identified. Personal information we collect includes information you voluntarily provide to us such as your name, email address, telephone number, address, and zip code.
Our Site may permit you to comment on our posts or perform other functions through your Facebook or other social media account. We do not collect personal information from you through your social media account if you elect to take advantage of these features. Depending on your Facebook privacy settings, comments you post on our Site through the Facebook comment feature may be visible to the public through your Facebook account.
We may automatically collect some information related to your use of the Site. This information may include your Internet protocol address, location-based information, browser type, time and date of access, pages accessed, linking information, click-stream, page visits, page views, and website log files. If this information becomes reasonably identifiable to you or is reasonably identifiable to a particular device, it will be deemed personal information for the purposes of this Privacy Statement.
We use the information we collect from visitors who read and browse information from the Site to improve the Site’s design and presentation, and to enhance system performance. We may also transfer personal information to third parties, as described below. We may also use information to send you information about commercial and non-commercial promotions and opportunities that we may think you might be interested in. Third parties to whom we transfer information, as described below (e.g., our parent and/or our affiliates), may send you information regarding commercial promotions and opportunities that may be of interest to you. These may also include communications relating to non-commercial issues of public interest.
If you elect to contact us and provide personal information to us through the Site, we may use your personal information to respond to requests for information and services, to process administrative or technical issues or communicate regarding those issues, to accomplish any other purpose for which the information was collected, and as permitted by law.
Under what circumstances does the Company disclose or transfer personal information to others?
The Company may transfer or disclose personal information to others in certain circumstances. Those circumstances, subject to the limits of applicable law, are as follows:
- Parent, Subsidiaries and Affiliates: the Company may transfer personal information to its parent, subsidiaries and corporate affiliates, including advertisers, for purposes related to Company offerings as such offerings may change and develop over time.
- The Site Consultants and Service Providers: the Company transfers personal information to third party service providers that may be hosting or housing data on behalf of the Company or otherwise acting on its behalf as a datacenter (such as providers of hosting, cloud, technology outsourcing and support services). Additionally, the Company may disclose personal information to the extent that our service providers require access to our databases, or the information contained in our databases, to service the Company and the Site. Information obtained using the Site’s web analytics tools may be shared with our vendors and other service providers for the purpose of maintaining or improving the Site.
- Legal Compulsion and the Company’s Protection: the Company reserves the right to release personal information in response to a subpoena or otherwise when we believe that the law requires us to do so or when we believe it is necessary to resolve disputes or to protect and/or enforce the rights, property interests, or safety of the Company, our users or others.
- Reorganization or Sale of the Company: In the event that the Company is merged with or becomes part of another organization, or in the event that the Company is sold or it sells all or substantially all of its assets, or a brand or line of its business, the information you provide may be one of the transferred assets for use by the acquiring entity.
- As Otherwise Allowed by Law: We may transfer personal information to third parties where we are expressly authorized by applicable law to do so.
Although we cannot guarantee that our or our vendors’ servers are impenetrable, we have attempted to establish and implement reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Where we use outside vendors to collect, store, or process data, we have attempted to use vendors who also establish and implement reasonable procedures.
The Site may link to third-party sites. When using third-party sites, you should review the privacy policies of such parties’ sites to understand how they collect and use personal information.
How long do you keep my information?
The Company keeps personal information for as long as we deem it useful to use, and for as long as applicable law allows us to maintain it. Visitors to our site who elect to provide us with personal information always have the right to request that their information be deleted from our files. We will attempt to honor these requests, subject to applicable law and our judgment that the information is not important for us to maintain for our internal record-keeping purposes.
A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:
Privacy Officer: Jennifer Harrington
Mailing Address: PO Box 8054, Greenwood, IN 46142-6429
Email Address: email@example.com
Subject to applicable law and the Company’s need to maintain such information, you can change or request removal of any of the personal information we maintain about you by contacting us as directed below.
Changes and updates to this Privacy Statement will be posted on the Site. Your continued use of the Site following the posting of a revised and/or updated Privacy Statement will constitute your acceptance of its terms.
If you have any comments, questions, or concerns regarding this Privacy Statement or the Company’s privacy practices at the Site, please contact us at firstname.lastname@example.org.