Terms and Conditions
First things first, thanks for choosing DIYtheLAW® to be your go-to resource to help you understand the legal ins and outs of running your own web-based business. The law can definitely get complicated, but when it comes to the daily operation of your biz, it doesn’t have to be. DIYtheLAW® is here to help you save money by teaching you how to legally protect your business all by yourself.
As you’ll come to learn, one of the more important things to remember in drafting a legal document is to do your best to make it easy to understand. This cuts down on confusion and ensures that everyone is on the same page. To that end, I’ve done my best to make sure these terms and conditions use clear and concise language to ensure you know what you are consenting to and agreeing to througg your use of the DIYtheLAW® website.
Also, while I am fond of these terms and conditions, they were drafted specifically for the DIYtheLAW website. If you are in need of terms and conditions for your website feel free to reach out to me about purchasing such a template.
To be clear, by using DIYtheLAW.com and LegallyLegit.com, also referred to collectively as the “website” or the “site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to DIYtheLAW, LLC. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
II. NO ATTORNEY-CLIENT RELATIONSHIP / NO LEGAL SERVICES
DIYtheLAW, LLC does not provide legal services or legal advice. Through the Site DIYtheLAW, LLC provides general legal information and templates to web-based entrepreneurs. DIYtheLAW, LLC guarantees no particular outcome, and by visiting this site you agree that you will not hold Sean Tshikororo or DIYtheLAW, LLC liable for anything that may happen as a result of you relying on the information or templates provided to you by DIYtheLAW, LLC. You further acknowledge that none of the information or templates provided to you by DIYtheLAW constitute legal advice and that no Attorney-Client relationship is formed through your use of the Site, including as a result of any purchase you may make through the Site.
DIYtheLAW, LLC cannot and will not act as your lawyer or legal representative.
DIYtheLAW, LLC is a teacher and you are a student. DIYtheLAW, LLC is going to give you the general legal information and templates you may need to start your business and keep it running. It’s up to you to take the general information and templates that DIYtheLAW, LLC provides to you and apply them to your specific situation.
III. RELATIONSHIP OF THE SITE TO SEAN TSHIKORORO, ATTORNEY AT LAW
DIYtheLAW, LLC is owned and operated by Sean Tshikororo. In his capacity as owner and operator of DIYtheLAW, LLC, Sean Tshikororo acts on behalf of DIYtheLAW, LLC. This said, you acknowledge that Sean Tshikororo, Attorney at Law, is a separate legal entity from DIYtheLAW, LLC. You acknowledge that when Sean Tshikororo is acting on behalf of DIYtheLAW, LLC, he is not acting on behalf of Sean Tshikororo, Attorney at Law. And vice versa, you acknowldge that when Sean Tshikororo is acting on behalf of Sean Tshikororo, Attorney at Law, he is not acting on behalf of DIYtheLAW, LLC.
From time to time Sean Tshikororo, Attorney at Law, may make use of the Site to advertise Attorney services pursuant to the Maryland Bar Rules for Attorney Advertising. If you do engage Sean Tshikororo, Attorney at Law, for attorney services, you acknowledge that the terms of any such agreement will be set forth separately and explicitly from these terms and that by entering into such an agreement for legal services you would not be entering into an agreement for legal services with DIYtheLAW, LLC.
IV. USE OF THE SITE
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The Site may offer goods or services (“product”) for sale on behalf of DIYtheLAW, LLC through both DIYtheLAW.com and LegallyLegit.com (collectively the Site). By placing an order through the Site you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability. Delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which DIYtheLAW, LLC will not be responsible. In order to contract with DIYtheLAW, LLC through the Site you must be over 18 years of age and possess either an account with Paypal, Stripe, or a valid credit or debit card issued by a bank acceptable to us. DIYtheLAW, LLC and the Site retain the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the Paypal account or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the product(s). All prices advertised are subject to such changes. Prior to placing any order you will be asked to accept these terms and conditions. A contract between us will be formed after you have clicked the appropriate box to indicate your acceptance of the terms and conditions and tendered your payment. While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Otherwise, ONCE THE PRODUCT YOU HAVE PURCHASED HAS BEEN DELIVERED TO YOU, NO REFUNDS WILL BE MADE AVAILABLE. For Digital Goods, you agree that Delivery is effected upon the completion of your purchase. Delivery costs, if any, will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Any additional charges such as taxes, if any, will also be displayed before you are asked to submit payment. Upon receiving your order we carry out a standard authorization check to ensure your payment method is valid and your payment will be processed. Once we are certain of your payment being processed your order will be fulfilled.
VI. INTELLECTUAL PROPERTY
Copyright of all DIYtheLAW templates, webinars, explanatory/informational materials, and course materials belongs solely to DIYtheLAW, LLC. With your purchase of any DIYtheLAW materials or templates you are granted a license to use the materials and templates for your own use. This license does not give you a right to share the materials or templates with anyone else. Any such sharing would be considered copyright infringement.
Furthermore, the website contains intellectual property owned by DIYtheLAW, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the DIYtheLAW, LLC name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.
VII. LIMITATION OF LIABILITY
We will do our best to ensure all facts and statements on this site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party. However, DIYtheLAW, LLC and Sean Tshikororo can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which may arise from your use of this site or your relationship with DIYtheLAW.
DIYtheLAW does not guarantee your business will be in compliance with the GDPR or any other law as a result of any purchase you make through the Site. Ultimately it is up to you to ensure your business is compliant with the GDPR and any other law in all respects.
ADDITIONALLY, SEAN TSHIKORORO AND DIYTHELAW, LLC ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SEAN TSHIKORORO OR DIYTHELAW, LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SEAN TSHIKORORO OR DIYTHELAW, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
VIII. THIRD PARTY RESOURCES
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with DIYtheLAW, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
X. GOVERNING LAW; VENUE; MEDIATION
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Maryland as applied to contracts that are executed and performed entirely in Maryland. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Maryland. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
XII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and DIYtheLAW, LLC pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by DIYtheLAW, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by DIYtheLAW, LLC. The subject headings of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Last Updated: Janaury 6, 2018