TERMS OF USE

These Terms of Use (the "Terms of Use") govern the use of DIY Design School (the "Site"). This Site is operated on a platform owned by Thinkific.com Inc. (“Thinkific”), a subsidiary of Thinkific Labs Inc., a Canadian company. Lilacs on York Creative Studios LLC (“we,” “our,” “us,” or “the Company”), is a Florida limited liability company, and holds an account through Thinkific to provide users with branding tools and courses on the Site.
 
 By using this Site, you indicate that you have read and understand these Terms of Use and agree to abide by them at all times. The Company incorporates by reference the Terms of Service by Thinkific (“Terms of Service”), which are available on Thinkific's website. Users are encouraged to also read the Terms of Service.
 
 THESE Terms of Use CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Age Restrictions
 The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

General Conditions of Use
 As a user of the Site, you agree to use the Site legally, not to use the Site for illegal purposes, and not to:

If we believe you are using the Site illegally or in a manner that violates these Terms of Use, we reserve the right to limit, suspend or terminate your access to the Site. We also reserve the right to take any legal steps necessary to prevent you from accessing the Site. 

You will immediately contact us when you see any possible violation of the Terms of Use by anyone.

All the products or services made available on the Site are intended solely for personal or small business use. You may not transfer, re-sell, assign, or dispose of any service without the prior written consent of the Company. Prices, promotions, and campaigns are subject to change without prior notice. 

Sale of Services
 These Terms of Use govern the sale of services available on the Site. The services will be paid for in full when the services are ordered.

These Terms of Use apply to all the services that are displayed on the Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from the Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
 We accept the following payment methods on our Site: Credit/Debit Card, Affirm, Cash App Pay, Klarna, After Pay, and PayPal.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
 
 If we believe your payment has violated any law or these Terms of Use, we reserve the right to cancel or reverse your transaction.

Refunds
Refunds for Services
 Due to the inherent irrevocability of the transmission of knowledge, refunds will not be rendered for any information products purchased through the Site, regardless of your financial situation, viewing of the information product, following of the advice contained therein, or of any other factor. The Company strongly believes in the value of the advice found within its information products; however, results are not guaranteed.

Consumer Protection Law
 Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Use will not limit your legal rights and remedies under that legislation. These Terms of Use will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Use and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
 Both the Company and Thinkific, including their directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, liabilities, expenses, and damages,  including but not limited to loss of business, profits, revenues, opportunities, anticipated savings, goodwill, use, data, or other intangible or economic losses arising out of your use or inability to use the Site. 

Indemnity
 Except where prohibited by law, by using this Site you agree to indemnify and hold harmless both the Company and Thinkific, including their directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the Site, your violation of these Terms of Use, or your violation of the Terms of Service.

Intellectual Property

Rights of the Company

All content published and made available on the Site is the property of the Company. This includes, but is not limited to images, text, logos, documents, forms, worksheets, downloadable files and anything that contributes to the composition of the Site. You acknowledge and agree that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. If no specific restrictions are displayed, users may make copies of select portions of the content, provided that the copies are made only for user’s personal use and that user maintains any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), user may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software content shall be governed by the software license agreement accompanying such software.

We may add some third party products/services on our website and in that case, the product copyrights belong to the creator or successor in interest of the creator. We may also sell products/services as an affiliate so some of the products will be added to our website from other companies. We are not liable for any problem arising out of their contents, description, products etc. Under no circumstances shall the Company, its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a user’s reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Site.

This Site itself or any section of the Site may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the Site or Company owner(s). You may not utilize “hidden text,” including but not limited to metatags, without the company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the Company and associated companies and voids these Terms of Use. You may be prosecuted for such actions.

Notwithstanding the foregoing, the Company does not claim intellectual property rights over content (including but not limited to images, text, logos, documents, downloadable files, notes, and mental impressions) created by users who have purchased access and use of the Site through the Company.

Rights of Thinkific

As the owner of the Site, Thinkific maintains the right to modify, terminate, or refuse your access to the Site for any reason, without notice at any time. Thinkific may refuse or remove any content containing material that, in its sole discretion, is determined is unlawful, harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious, or otherwise objectionable, or violates any party’s intellectual property or the Terms of Service.

Applicable Law
 These Terms of Use are governed by the laws of the State of Florida.

Disclaimer

The Site is provided on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, both the Company and Thinkific disclaim all implied warranties. 

We make no representation or warranty of any kind, expressed or implied: (i) as to the operation of the Site, or the information, content, materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Site; or (iv) that the Site, its servers, or e-mail sent from or on behalf of the Company are free of viruses or other harmful components. We do not guarantee the continuous, uninterrupted or secure access to the Site or any related services. The operation of the Site may be interfered with by numerous factors outside the control of the Company.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the foregoing disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.

Dispute Resolution
 Subject to any exceptions specified in these Terms of Use, if you and the Company are unable to resolve any dispute through informal discussion, then you and the Company agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and the Company. The costs of any arbitration will be paid by the unsuccessful party.

Notwithstanding any other provision in these Terms of Use, you and the Company agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Privacy Policy

We respect the privacy of our users and hereby incorporate by reference our Privacy Policy, which may be found here: http://diydesignschool.thinkific.com/pages/privacy.

Severability
 If at any time any of the provisions set forth in these Terms of Use are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Use. All other provisions will not be affected by the removal and the rest of these Terms of Use will still be considered valid.

Changes
 These Terms of Use may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms of Use or post a notice on our Site.

Contact Details
 Please contact us if you have any questions or concerns. Our contact details are as follows:

Acknowledgment

These Terms of Use, including all documents referenced herein, represent the entire understanding between you and the Company, and supersedes any prior statements or representations. When visiting the Site or making a purchase therefrom, you agree to be bound by these terms of use


Effective Date: 31st day of July, 2023.