These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Homestead Alliance LLC d.b.a. OurHomeDIY.com (“OHDIY,” “us,” “our,” or “we”). These Terms of Service set forth the terms and conditions that apply to your access to and use of www.ourhomediy.com and our related technology systems (collectively, the “Website”). These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription to OHDIY’s newsletter or purchase of any online service or product offered by OHDIY (collectively, “Online Services”).

Please read these Terms of Service and our Privacy Policy carefully prior to your use of our Website and/or your registration for, purchase, or use of any of our Online Services. By submitting information to OHDIY, either by using our Website or registering for, purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions of these Terms of Service and the Privacy Policy, including any changes or revisions which OHDIY, in its sole discretion and from time to time, may make to these Terms of Service and/or the Privacy Policy. If you do not agree with all of the terms and conditions of these Terms of Service and the Privacy Policy you are not authorized to use our Website or register for, purchase, or use any of our Online Services, and your sole remedy is to stop using our Website and our Online Services.

Compliance with These Terms of Service

You agree to comply with all federal, state and local laws, rules and regulations regarding online conduct and transmission of information. To determine your compliance with these Terms of Service, the Privacy Policy and any applicable laws, OHDIY reserves the right, but not the obligation, to monitor your use of the Website and our Online Services. OHDIY reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of these Terms of Service, the Privacy Policy and/or any applicable laws.

Using our Website and Online Services

You are only entitled to use our Website for lawful purposes and pursuant to the terms and conditions of these Terms of Service, the Privacy Policy, and applicable laws. Your use of our Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website, or other actions that OHDIY, in its sole discretion and from time to time, may elect to take. OHDIY reserves the right to suspend or discontinue the availability of our Website and/or any portion or feature of our Website at any time in our sole discretion and without prior notice.

You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of OHDIY.

You shall not be permitted to do any of the following, as determined by OHDIY, in its sole discretion, each of which may result in your loss of the right to access and use our Website and/or Online Services: (a) violate the terms and conditions of these Terms of Service, our Privacy Policy, or applicable law; (b) restrict, inhibit, or prevent any access to, use, or enjoyment of our Website or any Online Service; or (c) through the use of our Website or any Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.

You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.

Intellectual Property Rights

The name “OHDIY", www.ourhomediy.com, and other trade names, URLs, and Website domain names owned and/or operated by OHDIY, and OHDIY’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of OHDIY (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of OHDIY, which permission may be withheld in OHDIY’s sole discretion. OHDIY makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.

The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, OHDIY or its Content suppliers. All software used for our Website (the “Software”) is the property of OHDIY or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.

You shall be solely responsible for any damage resulting from your infringement of OHDIY’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by OHDIY or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.

Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by OHDIY and OHDIY has not reviewed, and is not responsible for, the content of any such third party websites. OHDIY makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.

Electronic Communications

By using our Website or using an Online Service, you consent to receive communications from OHDIY electronically. Although OHDIY may choose to communicate with you by other means, OHDIY may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that OHDIY sends to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

ALL CONTENT CONTAINED ON OHDIY’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH OHDIY OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. OHDIY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. OHDIY HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.

Refund Policy

OHDIY’s Return Policy applies to your purchase of any materials or products from the OHDIY through the Website (collectively, the “Product”). If you ordered an incorrect Product or need to return a Product for other reasons, you may return the Product to the Company for a refund within thirty (30) days of delivery of the Product to you, subject to the following terms and conditions:

You must first contact OHDIY by e-mail at support@ourhomediy.com to request a Returned Material Authorization (RMA) number. Write the RMA number on the shipping label of each box to be returned. Please be advised that any Product returned without an RMA number or returned beyond 30 days of delivery of the Product to you, will not be accepted and will be returned to you at your expense.

Products must be un-opened in their original packaging to be accepted for return. If OHDIY elects to accept the return of an opened Product (which it may decline in its sole discretion), such opened Products are subject to a 20% restocking fee.

OHDIY does not reimburse shipping costs to return an item.

Return packages with insufficient postage will not be accepted.

Products must be returned and received by OHDIY in original condition. We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the package.

No returns/refunds/exchanges on discontinued items and clearance items.

If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher will be given as payment for return.

OHDIY’s refund policy only applies to Products, and does not apply to any memberships, registrations or subscriptions to Online Services.

Users may cancel their subscription for Online Services at any time upon the delivery of written notice to the following: (a) by e-mail to support@ourhomediy.com, or (b) by U.S. mail or other delivery to Our Home DIY, Attn: President, 341 Pine St. #721, Abilene, TX 79601.

Affiliate Disclaimer

From time to time, OHDIY may endorse, promote or suggest services and/or products. OHDIY’s recommendations will be based solely on OHDIY’s determination that the service/product is of value to Users based on a review thereof by OHDIY, and/or OHDIY’s relationship with the provider/producer of such service/product and/or OHDIY’s prior usage of such service/product. OHDIY may be compensated for its recommendations. OHDIY may receive sample services/products for the purpose of conducting a review thereof. OHDIY’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet OHDIY’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which OHDIY provides a review shall be solely the responsibility of the person utilizing such service/product and OHDIY shall not be liable in any way as a result of any such person’s use of any such service/product. By entering this survey, you agree that you are subscribing to the OurHomeDIY.com email newsletter and granting your approval for Sponsors to contact you regarding offers, information on giveaways and special promotions.

Limitation on Liability of OHDIY

Any liability of OHDIY, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by OHDIY from any User in connection with such use of, registration for and subscription to any Online Services. OHDIY will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, OHDIY shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of OHDIY to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.

Amendments

We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.