Terms And Conditions
Updated: April 8, 2024
Introduction
The Site ("Do It Yourself Solid State Drive", "Do it Yourself SSD", "diySSD") is owned and operated by John Baer ("I", "we," "us" or "our") and is found on the web at "diyssd.com". The registered domain is "diyssd.com" and the Site is hosted internationally by Hostinger. By accessing or using the Site, you agree to be bound by these Terms and Conditions and our Privacy Policy (collectively, these "Terms"). If you do not agree to these Terms, you may not access or use the Site.
We may revise these Terms at any time by posting an updated version on the Site. By using the Site, you accept and agree to be bound by the current version of these Terms.
Use of Site
Subject to your compliance with these Terms, diySSD grants you a limited, personal, non-exclusive, non-transferable, freely revocable license to use the Site solely for your personal, noncommercial use. We reserve all rights not expressly granted in these Terms.
Restrictions on Use of Site
You agree not to:
use the Site for any illegal purpose or in violation of any local, state, national, or international law;
harass, threaten, demean, embarrass, or otherwise harm any other person through your use of the Site;
impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
engage in spamming, phishing, or otherwise transmitting any malicious code or virus via the Site;
infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party through your use of the Site;
attempt to obtain unauthorized access to the Site or user accounts;
interfere with the proper operation of the Site;
make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable load on our servers or network infrastructure;
bypass any measures we take to restrict access to the Site; or
copy, modify, distribute, sell, lease, loan, or create derivative works from any aspect of the Site.
User Content
If you submit, post, upload, or otherwise make available any text, images, audio, video, or other content (“User Content”) on or through the Site, you grant diySSD a perpetual, worldwide, non-exclusive, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Content in connection with operating and providing the Site and related services.
You represent and warrant that your User Content, and diySSD’s use of such User Content pursuant to these Terms, will not violate any law or infringe any third party rights (including intellectual property rights and privacy rights).
diySSD takes no responsibility for, and expressly disclaims any and all liability for, content submitted by users. If you believe that any User Content violates your intellectual property or other rights, please follow our Copyright Policy and Infringement Notification Procedure outlined below.
Data
This site participates in affiliate marketing programs from vendors like Amazon. The Site takes no responsibility for the accuracy and quality of data it receives and if errors are discovered, remedies will have to be addressed by the source.
Product Images
In most cases we pull images from our affiliates but in the circumstance the image is of very poor quality we may have to use an alternate image from the web. This scenario presents a risk the image may not exactly match the item. Always refer to the spec to ensure you are ordering the desired product.
Cookies
This Site uses cookies and more information is available in our cookie policy.
Accounts
You may be required to register for an account in order to access certain features or functions of the Site. You agree to provide accurate and complete information when registering for an account, and to promptly update your account information to maintain its accuracy.
You are solely responsible for maintaining the confidentiality of your account credentials, and for any activities or actions that occur through your account. You agree to immediately notify diySSD of any unauthorized use of your account. The Site will not be liable for any losses caused by any unauthorized use of your account.
Copyright Policy and Infringement
diySSD respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted the following policy to respond to claims that content hosted on the Site infringes the copyright or other intellectual property rights of a third party.
If you believe your intellectual property rights are infringed by any content hosted on the Site, please submit a written notification to our designated copyright agent containing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Our designated copyright agent to receive notifications of claimed infringement can be reached as follows:
By Email:
Subject: Copyright Infringement Notice
To: john.baer@diyssd.com
Upon receipt of a valid notice, I will promptly remove or disable access to the infringing material and notify the affected user(s) of the Site. We will also take reasonable steps to notify the user who uploaded the affected content material that we have removed or disabled access to the material.
If you receive multiple claims of infringement, we reserve the right to terminate your access to the Site upon reasonable notice.
If you believe content that you posted to the Site was wrongfully removed in response to a copyright or trademark infringement notification, you may submit a counter-notification to our copyright agent containing the following information:
Your physical or electronic signature;
Identification of the content that was removed and the location on the Site where it previously appeared;
A statement under penalty of perjury that you have a good faith belief that the content was removed as a result of mistake or misidentification;
Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal court for the judicial district in which your address is located (or the federal district courts located in New York County, NY if your address is outside the U.S.), and that you will accept service of process from the complainant.
If we receive a valid counter-notification, we will promptly provide the complainant with a copy, inform them we will replace the removed content within 10-14 days from receipt of the counter-notification unless we receive notice that the complainant has filed a court action seeking injunctive relief.
Modifications to Site
We reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features or functionality) without notice or liability to you or any other user. We will have no obligation to maintain, store, or transfer to you any User Content.
Minors
You must be at least 18 years old to use the Website without parental consent. If you are under 18, you may only use the Website with the express permission and supervision of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.
Disclaimers
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations of Liability
IN NO EVENT WILL diySSD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE LAST 12 MONTHS.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY OUR COMPANY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Indemnity
You agree to defend, indemnify and hold harmless diySSD, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida (USA) without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by diySSD of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of diySSD to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms, and our Privacy Policy constitute the sole and entire agreement between you and diySSD regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Your Comments or Concerns
This Site is operated by diySSD located in the State of Florida USA. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: john.baer@diyssd.com.
Thank you for visiting this Site.