||Web Site User Agreement
The DIYonline.com web site (the "Site") is an online software and information service provided by DIYonline.com, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. DIYonline.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents, graphics, site design, logos, icons and images of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are DIYonline.com, Inc., its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to DIYonline.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as Bulletin Boards, Forums and Chat Rooms) or by e-mail to DIYonline.com by all means and in any media now known or hereafter developed. You also grant to DIYonline.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DIYonline.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DIYonline.com.
DIYonline.com, Design It Yourself. Do It Yourself, Do-It-Yourself Online, I Did It Online, Designs At The Speed of Thought, Taking Do-It-Yourself Home Improvement to the Next Level, We have Built Something Revolutionary Into the Do-It-Yourself Market, Designer Series Software, e-Draw, Deck Designer, Gazebo Designer, Kitchen Designer, Sprinkler Designer, Workbench Designer, Craft Bench Designer, Fence Designer, Paint Calculator, Wallpaper Calculator, Ceiling Tile Calculator, Bath Designer, Mini Greenhouse Designer, Garden Toolbox Designer, Bookshelf Designer, Deck Bench Designer, Coffee Table Designer, Table Terrarium Designer, Floor Tile Designer, Concrete Designer and/or any other names of DIYonline.com or its publications, products, content, software or services referenced herein or on the Site are the exclusive trademarks or service marks of DIYonline.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Service
You understand that, except for information, products or services clearly identified as being supplied by DIYonline.com, DIYonline.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for DIYonline.com, identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with DIYonline.com. You also understand that DIYonline.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the Internet generally. DIYonline.com provides the site and all related information, products and services (collectively, the "service") "as is" and does not make any express or implied warranties, representations or endorsements of any kind (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any use of the service, and any merchandise information provided by or through the service or on the Internet generally.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. The information, products, and services published on this site may include inaccuracies or typographical errors. DIYonline.com does not warrant that the service will be uninterrupted or error-free or that defects or errors in the service will be corrected.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. DIYonline.com has no control over and accepts no responsibility whatsoever for such materials.
Limitation Of Liability
In no event shall DIYonline.com be liable for (1) any death or personal injuries suffered and losses arising there from, (2) any property or economic losses, or (3) any damages of any kind whatsoever, including any direct or any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of or in any way connected with the service, any use of the service, use of the software, any merchandise information or services provided by or through the service, any information downloaded from the service or the Internet generally, and any transactions provided on or resulting from the service or the Internet generally including without limitation any errors, omissions or other inaccuracies, delays, or the ability to use any of the aforementioned, whether based in contract, tort, strict liability or otherwise, even if DIYonline.com or its authorized representatives have been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you. In such states, DIYonline.com's liability is limited to the greatest extent permitted by law. In no event shall DIYonline.com's liability to you or any other party exceed the amount paid by you under this agreement.
DIYonline.com makes no representations whatsoever about any other web site which you may
access through www.DIYonline.com, or which may link to this Site. When you access a non-DIYonline.com web site, please understand that it is independent from DIYonline.com, and that DIYonline.com has no control over the content on that web site. In addition, a link to a DIYonline.com web site does not mean that DIYonline.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless DIYonline.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of DIYonline.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement and the resolution of any dispute related to the Agreement or the Service shall all be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between DIYonline.com and you for any purpose concerning this Agreement, the parties' obligations hereunder, or the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state of Arizona. You agree that regardless of any statute or law to the contrary, any cause of action or claim arising out of or related to use of the Service or this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DIYonline.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DIYonline.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this web site may contain projections or other forward-looking statements regarding future events or the future financial performance of DIYonline.com Corporation. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. The company files documents from time to time with the Securities and Exchange Commission, specifically, our most recent prospectus. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel; dependence on Internet advertising and a limited number of advertisers, rapid technological and market change, competition, risks associated with Internet infrastructure, volatility of stock price, limited protection of intellectual property, and future growth subject to risks.