This Terms of Use Agreement ("Agreement") is a contract between you and DIYCOSTSEG, LLC Prior to using our website and online cost segregation tools at www.diycostseg.com ("Website"), you must read carefully review this Agreement. DIYCOSTSEG, LLC agrees to provide you with access to its Website only on the condition that you accept all of the terms and conditions contained in this Agreement. By accessing or using the Website, you agree to be bound by this Agreement and all of its terms, as they may be amended from time to time. Any user of the Website on behalf of a company, organization or other legal entity, that company, organization or other legal entity will also be considered a party to this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE WEBSITE OR ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.
Your use of the Website is subject to the additional disclaimers and notices that may appear and be disclosed on the Website. If you use any of our products or services, you are subject to any applicable agreements (including, but not limited to, any End User License Agreement for our software) ("Supplemental Agreements") and any posted guidelines or rules applicable to such products or services. All such guidelines, or rules, are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern. DIYCOSTSEG, LLC, its agents, representatives, officers, directors, shareholders, employees, and/or attorneys assume no responsibility for any losses or damages arising from or related to information, services or other material on the Website. DIYCOSTSEG, LLC makes every effort to keep the information on its Website accurate, complete and up-to-date, however, DIYCOSTSEG, LLC its agents, representatives, officers, directors, shareholders, employees, and/or attorneys cannot and do not guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information or services on the Website. If at any time you are dissatisfied with the Website or object to any content within the Website, your sole remedy is to immediately stop using the Website.
(a) Diycostseg, LLC doing business as Diycostseg.com reserves the right to amend your report if deemed necessary based on our experience, your type of building, and any updated IRS guidelines. If changes are made you understand by agreeing to the terms and conditions that no refund of any kind will be issued. You will be notified within 2 business days at the most if any changes need to be made to any reports you have completed on diycostseg.com. If we determine a change is necessary, there will be no additional fee required from you. You will receive an updated report no later than 2 business days from the time you are notified of the needed changes.
(b) DIYCOSTSEG, LLC may provide its users with online tax preparation products, services, calculators, software and tax preparation information ("Services and Information") for personal use, including DIYCOSTSEG.COM, cost segregation estimating software allows the user to complete a cost segregation report for residential rental, or commercial property that is listed in the estimating program. The Cost Segregation Savings Estimator allows the user to enter building details and instantly receive a detailed report showing potential tax savings from a cost segregation study. DIYCOSTSEG, LLC grants you a personal, limited, non-exclusive, non-transferrable, royalty-free license to access and use the Software (one or more based on the specific software you elect to access) only on your internal computer system, along with any modifications and upgrades thereof, if any, and any related manuals, documents, user guides, and/or other items (collectively hereinafter the "Materials"), provided by or on behalf of DIYCOSTSEG, LLC, solely for your use of the Software and for no other purpose.
(c) DIYCOSTSEG, LLC grants you user access to the Website during the term of this Agreement solely to receive the services and information. These services and information may be available only in certain jurisdictions and are void where prohibited by law. Your eligibility for any of our particular products and services is subject to DIYCOSTSEG, LLC's final approval and acceptance. Except as expressly provided otherwise in an applicable Supplemental Agreement, DIYCOSTSEG, LLC grants you a limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that is made available to you on the Website, solely for your own purposes necessary to receive the services and information provided on the Website, provided: (i) you do not (and do not allow any third party to) modify or create a derivative work of any such content and (ii) you include with and display on each copy of such content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not: (i) include such content in or with any product or service that you create or distribute; (ii) include such content on another Internet website; (iii) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Website, use of the Website, or access to the Website; or (iv) establish hyperlinks to any page other than the home page of the Website or create any frame containing any portion of the Website, on any other website or text document with hyperlink capabilities. Further, you may not direct any other person to do any of the foregoing. You agree not to access the Website by any means other than through a commercially available web browser. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws.
(d) To use the Website, you must have access to the internet. System availability and access to the services and information available on the Website may be limited or unavailable for reasons which may include, but are not limited to and without limitation: system performance, telecommunications failure, hardware failure or software failure. DIYCOSTSEG, LLC makes no representations, warranties or assurances as to the availability of the Website. You are responsible for your use of your internet access and browser, the Website, and the services and information provided on the Website. DIYCOSTSEG, LLC is not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.
(e) We may make improvements or changes in the information, services, products, and other materials on this Website or terminate this Website at any time for any or no reason and without notice.
(a) All content on the Website, including but not limited: text, graphics, logos, button icons, images, audio clips, trade names, trademarks, service marks, trade dress, digital downloads, data compilations, software, and the compilation of any of the foregoing, is DIYCOSTSEG, LLC property, the property of DIYCOSTSEG, LLC's licensors and is protected by United States and international patent, copyright, and trademark laws. The display and availability of the content on the Website does not convey or create any license or other rights in the content. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without DIYCOSTSEG, LLC's prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, patent and copyright laws and may subject such a violator to legal action. The use of content from the Website on any other website or networked computer environment is similarly prohibited.
(b) Requests for permission to reproduce or distribute materials found on the Website can be made by contacting DIYCOSTSEG, LLC in advance and in writing. You are also strictly prohibited from creating works or materials that derive from or are based on the Website content or other materials contained in the Website including, without limitation: fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
There may be portions of the Website requiring you to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, you agree not disclose your username and password to any person, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify DIYCOSTSEG, LLC of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. DIYCOSTSEG, LLC may, in its sole and absolute discretion, terminate your password, account (or any part thereof) or use of the Website at any time and for any or no reason. DIYCOSTSEG, LLC will not be liable to you or any third party for any termination of your access to the Website. If your status as a user of this Website is terminated, you will (i) stop using the Website and any information obtained from the Website and (ii) destroy all copies of your account information, password and any information obtained from this Website. You agree that any information you provide to DIYCOSTSEG, LLC through the Website will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or DIYCOSTSEG, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DIYCOSTSEG, LLC has the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Website (or any portion thereof) and the services and information provided on the Website "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the Website or (ii) (A) is marked "Confidential," "Restricted," or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment. You agree you will not disclose DIYCOSTSEG, LLC's Confidential Information to any person or entity, other than as necessary to use the services and information provided on the Website. You will not use or permit the use of any Confidential Information except as necessary in connection with the services and information. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care.
(a) You agree to follow the instructions provided from time to time for the access use, and cessation of use of the Service and Information and DIYCOSTSEG, LLC's services. DIYCOSTSEG, LLC may, from time to time and at its sole and absolute option and discretion and using whatever means, make available updates, bug-fixes, patches, upgrades, and/or other modifications to the Services and Information.
(b) You must obtain access to the Internet and pay any one time and/or ongoing service fees associated with such access to access the Services and Information.
(c) You will not use the Services and Information in such a manner that adversely affects the functionality of DIYCOSTSEG, LLC's services.
(d) This Agreement does not include, and DIYCOSTSEG, LLC is not obligated to provide, any integration services, technical support, updates, upgrades, bug-fixes, patches, and/or other modifications to the Software, unless DIYCOSTSEG, LLC elects to in its sole and absolute discretion.
(e) All businesses, organizations and other legal entities, upon request from DIYCOSTSEG, LLC, must provide information requested by DIYCOSTSEG, LLC concerning compliance of its use of the Services and Information to the terms of this Agreement.
(f) All rights to use the Services and Information are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
(g) You consent to DIYCOSTSEG, LLC collecting and using technical data and related information including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services and Information. DIYCOSTSEG, LLC may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
(a) DIYCOSTSEG, LLC is committed to your privacy and security, and to providing the best possible user experience for our users and online customers. DIYCOSTSEG, LLC also strives to protect the personal and confidential information of those who use its on-line services and website. DIYCOSTSEG, LLC's Privacy Policy may be updated or amended from time to time. We are committed to maintaining the confidentiality, integrity, and security of personal information entrusted to us by current and prospective clients. We want you to know how we protect your information and how we may use it. We will protect all information collected from you or obtained with your authorization on your behalf. We will restrict access to non-public personal information by maintaining physical, electronic, and procedural safeguards. We restrict access to protect data only to individuals who must use it in the performance of their job related duties. We retain records of your non-public personal information. The purpose of this record retention is to comply with established guidelines, and to facilitate delivery of services and to maintain the client relationship. Employees who violate our Privacy Policy and our commitment to client confidentiality will be subject to disciplinary action which may include termination. Above all, we value your trust and your confidence in our ability to manage and protect your important personal information
(b) Here is our Privacy Policy required by the Gramm-Leach-Bliley Act of 1999: We collect nonpublic personal information about you from the following sources:
(a) This Agreement, as may be amended from time to time by DIYCOSTSEG, LLC, is effective until terminated by either you or DIYCOSTSEG, LLC. This Agreement will terminate independently without notice if you fail to comply with any provision of this Agreement or any instructions regarding the Services and Information, the Marks, the Materials and/or the Limited Technical Support Services, if any.
(b) Upon termination of this Agreement for any reason, you must cease all use of the Services and Information, the Marks, the Materials, and the Limited Technical Support Services, if any, and return to DIYCOSTSEG, LLC all services and information, marks, and all materials provided to you in connection with the services and information and all copies thereof.
(c) DIYCOSTSEG, LLC reserves the right to unilaterally terminate this Agreement and the use of the Services and Information, the Marks, the Materials, and/or the Limited Technical Support Services, if any, at any time and for any reason.
(d) Rent, lease, lend, sale, redistribution, sublicense or any other temporary or permanent transfer of rights given by this Agreement is prohibited unless explicitly approved by DIYCOSTSEG, LLC in advance and in writing. Use of the Services and Information, Marks, the Materials, and/or Limited Technical Support Services, if any, by your subcontractors requires a separate license given directly by DIYCOSTSEG, LLC to those subcontractors.
(e) Transfer of the rights is allowed only after notifying DIYCOSTSEG, LLC in writing about such proposed transfer and on a permanent basis provided that You don't possess any copies of the Services and Information received under the terms of this Agreement if such proposed transfer is approved by DIYCOSTSEG, LLC in advance in writing in its sole and absolute discretion and under DIYCOSTSEG, LLC's then current terms.
You are solely responsible for payment of any fees or costs generated through Your use of the Services and Information. Generally, all fees and charges for the Services and Information are nonrefundable and there are no refunds or credits for partially used periods. Except as otherwise noted herein, all paid products including subscriptions, documents, files, etc, are nonrefundable after purchase and delivery. An exception we may consider is providing a refund when we've updated your payment information and there are good reasons to believe that you did not intend for an update to be made. Also, under the laws applicable in your jurisdiction, subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. By accessing and/or using the Services and Information, you agree that you are required to pay the one-time per property fee, as applicable, and as indicated during the Services and Information registration and access process.
(a) This website is provided on an "as is" and "as available" basis. Use of this website is at your own risk. We and our suppliers disclaim all warranties. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, ALL SERVICES AND INFORMATION OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. DIYCOSTSEG, LLC AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED ON THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND INFORMATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
(b) Except as expressly provided otherwise in an applicable Supplemental Agreement, DIYCOSTSEG, LLC disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Website. The Website may contain inaccuracies or typographical errors. DIYCOSTSEG, LLC disclaims any and all responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material in respect of the Website or the use thereof. Any communications sent to you via the Website or otherwise from DIYCOSTSEG, LLC (including without limitation in the form of newsletters, electronic mail or via telephone), and the contents of the Website (including without limitation any financial market data and tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, tax or accounting advice and should not be relied upon in that regard. Your financial and tax situation may be unique and therefore you should independently consult a tax advisor.
(c) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL DIYCOSTSEG, LLC OR ANY OF ITS DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THE WEBSITE (COLLECTIVELY THE "WEBSITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, ANY COMMUNICATIONS SENT TO YOU VIA THE WEBSITE OR OTHERWISE FROM DIYCOSTSEG, LLC (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE WEBSITE, EVEN IF ANY ONE OF OR ALL OF THE WEBSITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(d) This Website may contain hyperlinks to websites operated by parties other than DIYCOSTSEG, LLC or its affiliates. Such hyperlinks are provided for your reference only. DIYCOSTSEG, LLC does not control such websites and are not responsible for their content. If DIYCOSTSEG, LLC posts hyperlinks to other websites, this does not mean DIYCOSTSEG, LLC endorses the material on such websites or associate itself with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because DIYCOSTSEG, LLC's Privacy Policy (Section 4) is applicable only when you are on our Website, once linked to another website, you should read that site's privacy policy before disclosing any personal information. Where DIYCOSTSEG, LLC is offering its own content on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement unless a specific Supplemental Agreement is applicable to the use or display of that content.
(e) DIYCOSTSEG, LLC grants you a personal, limited, revocable, nontransferable and nonexclusive right to create a hyperlink to the home page of the Website provided: (i) the link or your linking website does not portray DIYCOSTSEG, LLC or any of its services or information in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than DIYCOSTSEG, LLC's Privacy Policy. You may not use any of DIYCOSTSEG, LLC's logos or other proprietary graphic or trademarks as part of the link without its express, advanced and written permission. DIYCOSTSEG, LLC may revoke this license at any time, with or without cause, in which case you agree to immediately remove such hyperlink. You may not link to any page other than the home page of this Website. Any link to our Website should be a full forward link that passes the client browser to our home page without barriers. The "back" button should return the visitor to original site if the visitor wishes to back out.
(f) DIYCOSTSEG, LLC may offer you the opportunity to contribute ideas, comments, questions, feedback and other communications to or from the Website (collectively, the "User Content") in other blogs, message boards, chat rooms, e-mail, Q&A section and other features of the Website ("User Areas") which DIYCOSTSEG, LLC may offer from time to time and may be operated by DIYCOSTSEG, LLC or by a third party on its behalf.
(g) You shall not (nor cause any third party to) use the Website or information provided through the Website to perform any activities, in DIYCOSTSEG, LLC's sole and absolute discretion an opinion, which are: illegal (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights, such as rights of privacy, of others) or immoral or constitute any of the following, without limitation,: (a) disseminating libelous, harmful, vulgar, pornographic, obscene or otherwise objectionable material, (b) containing nudity, violence of offensive subject matter, or are deemed exploitive in any way, (c) promoting racism, prejudice, bigotry, hatred, harassment or physical harm of any kind against any individual, group or individual, (d) promoting illegal activities or abusive, threatening, obscene, defamatory or libelous conduct; promoting any criminal activity or enterprise or provide instructional information about illegal activities, such as making or buying illegal weapons or violating someone's privacy, (e) using any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Website or accessed through the Website, (f) transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (g) transmitting any material containing software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (h) impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, (i) advertising or posting any commercial content, (j) interfering with or disrupting the Website, (k) disrupting the activities or enjoyment of the Website for other users and/or (l) collecting, or storing personal data about other users.
(h) You agree that all User Content you provide will be on-topic, relevant and will not include profanity or any other disruptive or disrespectful behavior. Individual concerns or specific customer support issues must be addressed to the online customer support pages of the Website. You agree to evaluate and assume all risks associated with the use of User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of User Content. We assume no responsibility for User Content or for the use of any User Area. You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload. You acknowledge that User Content is not endorsed by DIYCOSTSEG, LLC and such user content should not be considered to have been reviewed, screened or approved by DIYCOSTSEG, LLC You should exercise discretion before relying on information contained in user content. We may, in our sole and absolute discretion, remove any User Content from a User Area at any time and for any or no reason. DIYCOSTSEG, LLC will not be liable to you or any third party for any deletion of any User Content on the Website. You acknowledge that we may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of DIYCOSTSEG, LLC, any users of the Website, and the public. You also acknowledge that the technical processing and transmission of the Website, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We will not be liable for the collection, use or disclosure of any personal information by, in or through a User Area offered by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party offering the User Area. You agree to indemnify and hold DIYCOSTSEG, LLC harmless from and against any Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Website; and (ii) your violation of any rights of any other person in connection with the Website, information you post on the Website, information you receive from the Website, or the services or information provided on the Website.
(i) Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Website, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on DIYCOSTSEG, LLC You agree DIYCOSTSEG, LLC is not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind ("Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Website, and you agree to indemnify DIYCOSTSEG, LLC from and against any Claims incurred as the result of any such dealings.
(j) The information contained within this website is provided for informational purposes only and is not intended to substitute for obtaining accounting, tax, or financial advice from a professional accountant. Presentation of the information via the Internet is not intended to create, and receipt does not constitute, an accountant-client relationship. Internet subscribers, users and online readers are advised not to act upon this information without seeking the service of a professional accountant. Any U.S. federal tax advice contained in this website is not intended to be used for the purpose of avoiding penalties under U.S. federal tax law.
(k) While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information contained in or made available through this website is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any errors or omissions in the content of this website or such other materials or communications. If you wish to contact the webmaster of this website, please contact DIYCOSTSEG, LLC
(l) TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES AND IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL DIYCOSTSEG, LLC NOR ANY OF ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SERVICE PROVIDERS, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSITUTUE GOODS OR SERVICES, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, DAMAGE TO YOUR INTERNAL COMPUTER SYSTEM(S), OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES AND INFORMATION, MARKS, MATERIALS, AND/OR LIMITED TECHNICAL SUPPORT SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE) RESULTING FROM THE ACCESS, USE, OR REMOVAL OF THE SERVICES AND INFORMATION, THE MARKS, AND/OR THE MATERIALS OR RESULTING FROM THE LIMITED TECHNICAL SUPPORT SERVICES, IF ANY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES IS EFFECTIVE EVEN IF THE EXCLUSIVE REMEDY STATED ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall DIYCOSTSEG, LLC's total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Fifty Dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree at Your sole cost and expense to indemnify, defend, and hold DIYCOSTSEG, LLC, its affiliated entities and their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, suits, actions, losses, damages, costs, fines, judgements, and expenses (including reasonable attorneys' fees) (collectively hereinafter "Claims"), arising out of or relating to Your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and/or (d) Your access, use, alteration, cessation of use, or export of the Services and Information, Materials, Marks, and/or Limited Technical Support Services, if any (or any component or element thereof). DIYCOSTSEG, LLC reserves the right to assume the exclusive defense and control of any claims or actions subject to indemnification by You and all negotiations for its settlement or compromise, and You agree to fully cooperate with DIYCOSTSEG, LLC upon DIYCOSTSEG, LLC's request. You may not settle any such Claims involving DIYCOSTSEG, LLC without the explicit advance written consent of DIYCOSTSEG, LLC
In the event of a breach of the express warranty provided herein, DIYCOSTSEG, LLC's total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) shall not exceed Fifty Dollars (US$50.00) in total. You acknowledge that this Section sets forth Your SOLE AND EXCLUSIVE remedy and DIYCOSTSEG, LLC's SOLE AND EXCLUSIVE liability, for breach of warranty or any other duty. Should DIYCOSTSEG, LLC hired an attorney to represent it in regard to any matter arising from or related to this Agreement, DIYCOSTSEG, LLC is entitled to reimbursement of all costs it incurs, including court costs and attorney fees.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida, excluding its conflict of laws provision. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties and the remainder of the provision and this Agreement shall remain in full force and effect. Any cause of action with respect to or arising from this Agreement, if any, provided hereunder must be instituted with one (1) year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Pasco County, State of Florida.
(a) If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should immediately notify DIYCOSTSEG, LLC of your copyright infringement claim in accordance with the procedures outlined herein. DIYCOSTSEG, LLC will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Pursuant to the DMCA, all notifications of claimed copyright infringement on the Website should be sent ONLY to our Designated Agent.
(b) Under the DMCA, the notification of claimed infringement must include the following: (a) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) identification of the copyrighted work (or works) that you claim has been infringed, (c) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.), (d) a clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material, (e) your name, address, telephone number, and e-mail address, (f) a statement you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (g) a statement by you, made under penalty of perjury, the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
(d) NOTE: THE DESIGNATED AGENT IS PROVIDED SOLELY TO NOTIFY DIYCOSTSEG, LLC YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE DESIGNATED AGENT AS YOU WILL NOT RECEIVE A RESPONSE. DIYCOSTSEG, LLC CAUTIONS YOU THAT, UNDER FEDERAL LAW, KNOWINGLY MISREPRESENTING THAT ONLINE MATERIAL IS INFRINGING, MAY SUBJECT YOU TO HEAVY CIVIL PENALTIES. INCLUDING MONETARY DAMAGES, COURT COSTS, INCLUDING ATTORNEYS FEES, INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE INJURED AS A RESULT OF DIYCOSTSEG, LLC'S RELIANCE ON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
(e) DIYCOSTSEG, LLC will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact DIYCOSTSEG, LLC and provide information sufficient to verify the account holder or subscriber is a repeat infringer.
If DIYCOSTSEG, LLC fails to give notice to or enforce any right under this Agreement, such failure shall not constitute a waiver of the same, unless reduced to writing and signed by DIYCOSTSEG, LLC. The waiver of any provision shall not constitute a waiver of the same or any other provision of this Agreement in the future.
By agreeing to this Agreement and accessing and using the Services and Information, You acknowledge and agree that You assume all responsibility for compliance with, and are in compliance with all applicable laws and regulations of the United States or the country in which You received the Services and Information regarding export, import, and re-export of the Services and Information or the Materials and any related or underlying information, technology, process, product, or service. As required by the laws of the United States and other countries, You represent and warrant that you: (a) understand that the Services and Information and their components may be subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations (subject to change as posted by the United States government); (c) will not export, re-export, or transfer the Services and Information to any prohibited destination, persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorizations(s); (d) will not use or transfer the Services and Information for use in connection with any nuclear, chemical or biological weapons, missile technology, or military end-uses where prohibited by an applicable arms embargo, unless authorized by the relevant government agency by regulation or specific license; (e) understand and agree that if You are in the United States and export or transfer the Programs to eligible end users, You will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the Commerce Department's Bureau of Industry and Security, which include the name and address (including country) of each transferee; and (f) understand that countries including the United States may restrict the import, use, or export of encryption products (which may include the Services and Information and the components) and agree that You shall be solely responsible for compliance with any such import, use, or export restrictions.
The Services and Information are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All rights reserved under the copyright laws of the United States.
(a) This Agreement, along with any Supplemental Agreements, constitutes the entire agreement between you and DIYCOSTSEG, LLC with respect to the Services and Information and supersedes any prior or contemporaneous understandings, representations, statements, or agreements, written or oral. No amendment to or modification of this Agreement will be binding on DIYCOSTSEG, LLC without DIYCOSTSEG, LLC's explicit advance written consent. All provisions of this Agreement that by their nature are intended to survive termination or expiration shall so survive. DIYCOSTSEG, LLC may modify this Agreement at any time for any reason.
(b) You acknowledge your agreement to this Agreement as set forth out above on behalf of myself and the entity, if any, with whom I am employed or represent, and further acknowledge that I am the same person identified on the registration screen and that the information provided in the registration screen or otherwise provided to DIYCOSTSEG, LLC in connection with the Services and Information is true and accurate.
(c) This Agreement shall be governed by the laws of the State of Florida, without regard to conflicts of law provisions. Any legal action or proceeding between DIYCOSTSEG, LLC and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Florida, Pasco County. Should DIYCOSTSEG, LLC hired an attorney to represent it in regard to any matter arising from or related to this Agreement, DIYCOSTSEG, LLC is entitled to reimbursement of all costs it incurs, including court costs and attorney fees.
(d) Please check the Terms of Use periodically for changes. Your subsequent use of the Website, or any content, products, services or materials provided through the Website, will be subject in all respects to the terms of service in force at the time of such subsequent use.
(e) If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
(f) You agree that regardless of law or any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(g) We may assign our rights and duties under this Agreement to any party at any time without notice to you.