Terms And Conditions

By visiting and using diydreamsite.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions, including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.

The term “you” refers to anyone who uses, visits, and/or views the website. DIY Dream Site, a product of Boykin Consulting, LLC (“Company”, “we”, or “us”) reserves the right to amend or modify these Terms and Conditions as described in the Modifications section below.

Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

Age and United States Use Only

All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this website. We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website, including any products and/or services, are available or appropriate for use in other locations, including but not limited to the European Union as outlined in the General Data Protection Regulation.

Privacy Policy

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

Disclaimer

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.

Theme, Template, and Membership Usage Limits

Theme Purchases

Each DIY Dream Site theme purchase is for use on one website that you personally own and actively manage. One purchase equals one site. If you’d like to use the theme on additional websites, whether for your own projects or for a client, you’ll need to purchase a separate theme for each site.

Kadence Blocks Template Purchases

Each Kadence Blocks template collection purchase is for use on one website that you personally own and actively manage. One purchase equals one site. If you’d like to use the templates on additional websites, whether for your own projects or for a client, you’ll need to purchase a separate collection for each site.

Site Success Academy Template Library Licenses

Site Success Academy members receive template library licenses based on their membership plan.

The Creator plan includes licenses intended for a single website that you personally own and actively manage, plus a staging site or subdomain associated with that primary brand.

The Business plan or higher includes additional licenses that may be used on client projects and builds. Each license may be activated on one website at a time. You may deactivate a license from one site and reactivate it on another at any time. Only sites with an active, connected license may access the template library.

For All Products (Themes, Template Collections, and Membership)

You may not resell, redistribute, share, transfer, or sublicense theme or template files in any way. Theme and template files should not be shared across projects outside of an active license connection.

If you’re building a multi-site network, designing for multiple brands, or running an agency, feel free to reach out to us at support@diydreamsite.com to explore extended licensing options.

Site Success Academy Membership

Membership

By purchasing and enrolling in our paid membership program (“Site Success Academy” or “Membership”), you become a “Member” and agree that your use of our content and materials is considered an ongoing Membership until your subscription is cancelled or terminated by either party.

All content and materials provided as part of your Membership shall be the sole property of the Company. You are only granted a limited-use license as defined in these Terms and Conditions.

Membership Plans and Fees

Site Success Academy offers multiple membership plans with varying levels of access. Current plans, pricing, and billing intervals are displayed on the Site Success Academy sales page at the time of purchase.

All membership plans are billed on a recurring basis at the interval selected at checkout until your subscription is cancelled or terminated.

Members may upgrade or downgrade their plan at any time from their account dashboard. Plan changes may result in a new license key being issued, which would require reconnecting the template library on any active websites.

From time to time, we may update the pricing of our Membership plans. We will give you advance notice of such changes so you can decide whether to keep your Membership. Should you continue to stay as a Member after a price change, you will be charged the updated rate accordingly.

Founding Member Pricing

Members who join during a founding member enrollment period receive a discounted rate that is locked in for the duration of their continuous membership. If a founding member cancels their membership and later wishes to rejoin, they will not be eligible for the founding member rate and will need to purchase at the then-current pricing.

What Happens When You Cancel

You may cancel your Site Success Academy membership at any time from your account dashboard. Upon cancellation, you will retain access to the membership through the end of your current billing period. On the date your subscription would have renewed, you will lose access to all membership content, including the template library, courses and trainings, community forums, coaching, and any other member resources.

Templates you have already imported to your website will continue to function on your site. Your template library license(s) will be deactivated at the end of your billing period. You shall cease all use of any Content that requires an active membership to access.

In cases of poor conduct, breach of these Terms and Conditions, or other circumstances at the Company’s sole discretion, your membership may be revoked immediately without waiting for the end of your billing period.

The Relationship of the Parties, Confidential Information, Intellectual Property, Media Release, Limitation of Liability, and Indemnification sections will survive cancellation or termination of your subscription.

Educational Content and Coaching

Site Success Academy provides educational content and personalized feedback through a variety of formats, including but not limited to courses, trainings, the Ask the Expert coaching feature, community discussions, and other resources. All guidance, recommendations, and feedback provided through any of these formats is educational in nature and does not constitute professional advice. We are not acting as your website designer, developer, or consultant. Results are not guaranteed, and you are solely responsible for how you implement any recommendations.

Community Conduct

Site Success Academy includes access to a member community. By participating in the community, you agree to the following conduct standards:

You will not post content that is harassing, bullying, threatening, discriminatory, or personally attacking toward other members or the Company’s team.

You will not share, distribute, or screenshot membership content, trainings, templates, or other proprietary materials outside of the membership.

You will not promote, advertise, or solicit business for your own products, services, or affiliate links unless explicitly permitted by the Company.

You will not spam, post repetitive content, or use the community for any purpose unrelated to website building, design, or the topics covered within Site Success Academy.

You will not impersonate another member or misrepresent your identity or affiliation.

You will not share another member’s personal information, website details, or business information without their explicit consent.

We reserve the right to remove any content and to revoke community access or membership for any member who violates these standards. Depending on the severity of the violation, action may be taken immediately and without warning.

Website Hosting and Care Plan Services

We provide managed WordPress hosting and website maintenance services (“Care Plan”) fulfilled using SiteGround. SiteGround’s terms of service can be found at https://www.siteground.com/viewtos/siteground_terms_of_service.

If you have questions about what our Care Plan provides, email support@diydreamsite.com.

Service Availability

In the unlikely event of an interruption in service, you understand there may be possible downtime while we work to restore service. Our hosting provider guarantees 99.9% uptime. However, we cannot guarantee uninterrupted service and are not liable for downtime beyond our control.

Backups

We create daily backups of your website and store them offsite for 30 days. In most cases, we can restore your site quickly if something goes wrong. However, due to the nature of technology, we cannot guarantee that every backup will be complete or recoverable in every situation. For added peace of mind, we recommend keeping your own periodic backups as well.

Prohibited Content

Pornography, adult-related content, promotion of adult services, illegal content, malware, phishing, and spam are not permitted on websites we host. We reserve the right to remove such content or refuse/terminate hosting without notice.

Security

You are responsible for keeping your website secure by using strong passwords and vetting any plugins or third-party tools before installation. We are not liable for any website that is hacked by a third party. Malware cleanup and hack recovery are not included in the Care Plan and will be billed separately if needed.

Updates

We perform weekly updates to WordPress core, plugins, and themes. You understand that updates may occasionally cause unexpected issues. While we inspect your site after updates, it is your responsibility to alert us of any issues in a timely manner. We are not liable for any direct or indirect loss resulting from updates.

Email Hosting

Our Care Plan does NOT include email hosting. We recommend using Google Workspace or another dedicated email provider.

Your Site Ownership

You retain full ownership of your website content, files, and data. You maintain full admin access to your WordPress site at all times. Our access is limited to maintenance and support tasks.

Healthcare Data

Our Care Plan services are not HIPAA compliant. You may not use our hosting services to store or transmit protected health information (PHI).

Auto-Renewal and Payment Authorization

Your Care Plan subscription will automatically renew monthly until cancelled. By subscribing, you authorize DIY Dream Site to charge your payment method on file for each renewal period.

Care Plan Cancellation

You may cancel your Care Plan subscription at any time with 30 days written notice to support@diydreamsite.com. Upon cancellation, we will provide a final backup of your site files and database. Migration to a new host is your responsibility (or available for an additional fee). We reserve the right to terminate your Care Plan immediately for violation of these terms, non-payment, or prohibited content.

Refund Policy

Site Success Academy Membership

Site Success Academy includes a 30-day money-back guarantee. If within 30 days of your initial purchase you don’t feel your membership is worth what you paid, email us at support@diydreamsite.com to request a refund. We will refund your first payment in full and cancel your membership.

After the initial 30-day period, all membership payments are final. No refunds will be issued for recurring payments.

Website Hosting and Care Plan Services

Hosting and Care Plan customers may request a full refund within the first 30 days of service if not satisfied.

All Other Digital Products

All sales of themes, Kadence Blocks template collections, and other digital products on this website are final. No refunds will be issued.

We truly believe in giving more than receiving, and each of our products and services is designed with this core principle in mind. Our prices are intentionally kept reasonable compared to market value to give you the tools and information you need at an affordable price.

Failed Payments

This section applies to all recurring subscriptions and services, including but not limited to Site Success Academy memberships, Website Hosting and Care Plan services, SEO services, and any other ongoing subscription or service agreement with the Company.

If your payment fails after two attempts, your access to the applicable service will be immediately revoked and you will lose access to all content and services in the applicable program. For hosting and care plan customers, services may be suspended until payment is received, and we are not responsible for any downtime or issues that occur while your account is past due.

You are not permitted to use any content, materials, or services until full payment is tendered as per the terms of this Agreement.

In the event that a PayPal or any other legal dispute is filed against the Company, or a payment is overdue, Company reserves the right to revoke all rights to use and access the applicable program, and all such content shall remain Company’s intellectual property until the dispute is resolved.

Company reserves the right to use any and all means of collection available under applicable law to collect any amount past due. Company may refer collection of the unpaid amount to an attorney or collections agency. If unpaid invoices are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.

Intellectual Property

All content on this website, within any membership, and in any product (whether free or paid), including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information (collectively, the “Content”) is owned by us and is protected by copyright, trademark, and other intellectual property and unfair competition laws, with the exception of any content from others that we are lawfully permitted to use.

You are granted a limited revocable license to print or download Content from the website, membership, or digital products for your own personal, non-commercial, non-transferable, informational, and educational use only, while ensuring it is not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our Content for other than personal use is expressly prohibited without our prior written consent.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone, without our prior written consent. You cannot sell or redistribute any of our products, whether free or paid, without our express written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these Terms and Conditions.

User Content and Lawful Use

For any Content or information that you upload, display, post, transmit, send, email, or submit to us on the website, within any membership, or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.

You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website, within any membership, and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark, or other proprietary rights of any Content or information that you provide to us.

You agree not to upload, display, post, transmit, distribute, send, email, or submit to us on the website, within any membership, or on any of our social media sites any information or Content that is:

(a) illegal, violates or infringes upon the rights of others;

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, or disparaging;

(c ) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law;

(d) distributes material including but not limited to spyware, computer virus, any kind of malicious computer software, or any other harmful information that is actionable by law;

(e) any attempts to gain unauthorized access to any portion or feature of the website or membership; and

(f) unsolicited or unauthorized material or causes disruption in the operation of the website or membership.

You agree to use the website and any membership for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.

Media Release

You grant the Company and its affiliates, agents, employees, officers, successors, shareholders, joint venture partners, or anyone else working with the Company a non-exclusive, worldwide, royalty-free, perpetual irrevocable right and license to reproduce, edit, reformat, publish, broadcast, distribute, post your images, name, videos, recordings, statements, and testimonials (the “Work”) in all forms and media in relation with Company’s advertising, publicity, promotional, and marketing activities including, but not limited to, those directed to the public and existing and prospective customers on social media channels, websites, newsletters, emails, commercial products, education, course materials, video footage, sales marketing, or any other business purpose. We may display your geographic location when using the Work.

You waive the right to inspect, approve, or restrict the use of the Work as described herein and agree that such conveyance to us will be without compensation to you.

You are granting us a non-exclusive license to use the Work, which means you are free to continue using the Work for your own purposes without any restrictions. We will maintain your privacy and personal information in accordance with Company’s Privacy Policy.

You agree that your Work does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and does not contain any offensive, unlawful, or obscene material.

Confidential Information

Both parties agree to keep all confidential information obtained about each other strictly confidential. Confidential information is any non-public information that relates to the actual business, finances, or research and development of each party, technical data, trade secrets, know-how, including, but not limited to, research, product plans, or any other information about each other’s products and services.

Confidential information does not include information that is (a) publicly known and made generally available through no wrongful act of each other, (b) has been rightfully obtained from a third party who is authorized to make such disclosure, or (c ) requires disclosure to comply with law.

This section will survive the cancellation or termination of your subscription.

Relationship of the Parties

Nothing contained herein shall be construed to constitute the parties as partners, joint venturers, or either as an agent of the other. You may not act on behalf of, represent, or bind the Company in any way, including entering into agreements, incurring obligations, or using the Company’s name.

Third-Party Links

The website and membership may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our Terms and Conditions.

We may also recommend other products, services, coaches, and consultants, but no such reference is intended to be an endorsement or statement that such information is accurate. We recommend these based on our personal experiences, but it is still your responsibility to conduct your own due diligence.

As part of your membership, you may receive special perks such as free access to plugins or other products we are an affiliate for, but you are still responsible for renewing your licenses to continue using those products. You agree to ensure continued uninterrupted access to those third-party products or services by purchasing your own license as needed.

You agree that we are not responsible or liable for the accuracy, content, or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources, and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.

Assumption of Risk

You agree that by using our website, purchasing our products, or participating in any membership program, you assume all financial and business risks involving tangible and intangible harm. These risks may result not only from your own actions but also from the actions of others. You agree to assume such risks and continue participating at your own will and volition without holding us liable for any damages.

Errors and Omissions

We do not guarantee that the Content appearing on the website or in any membership is free from errors or omissions or accurate at all times. This Content may include technical, typographical, or photographic errors. You agree and understand that the Content may not be current or complete, and we reserve the right to update it at any time without notice. It is your responsibility to check the website and membership for any updates.

Termination

General

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke, and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

Site Success Academy Membership

Cancellation and termination of Site Success Academy memberships, including what happens to your access and content, is described in the “What Happens When You Cancel” section above.

Care Plan

Cancellation and termination of Care Plan services is described in the “Care Plan Cancellation” section under Website Hosting and Care Plan Services above.

No Warranties

ALL CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES ON THE WEBSITE AND IN ANY MEMBERSHIP PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON THIS WEBSITE OR IN ANY MEMBERSHIP. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE OR MEMBERSHIP WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED WILL BE COMPLETE, CURRENT, OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

Limitation of Liability

You agree that under no circumstances shall we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary, or any other damages resulting from your use of this website or any membership program, including but not limited to all the content, information, products, services, and graphics presented here.

You expressly agree that your use of the website and any membership program is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website and membership. No results are promised to you.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall not be liable to you for any damages resulting from: (1) any errors or omissions on the website or in any membership, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; (2) any loss of income, use, data, revenue, profits, business, or any goodwill related to the website or membership; (3) any theft or unauthorized access by third party of your information from the website or membership regardless of our negligence; (4) any use or misuse of the information, products, and/or services offered here; and (5) any discontinuance of any membership program for any reason.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

In no event shall our total liability exceed the fees actually paid by you to DIY Dream Site in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners, or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings, or judgments, including costs, expenses, and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees, or representatives; (b) all your actions and use of the website and any membership program, including purchasing products and services; (c ) violation of any laws, rules, regulations, or ordinances by you; (d) violation of any terms and conditions of this Agreement by you or anyone related to you; and (e) infringement by you or any other user of your account of any intellectual property or other rights of anyone.

The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

Mandatory Arbitration and Governing Law

You expressly waive your right to bring any legal claims, now or in the future, arising out of or related to the website and our products/services. In the event of any dispute, claim, or controversy arising out of or relating to your use of this website, the Terms and Conditions shall be construed in accordance with the rules and regulations of the state of Texas and the United States.

You agree to consent and submit to the jurisdiction of the state and federal courts located in Texas without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.

Any dispute between the Parties under this Agreement shall be first submitted to mediation and then, if still unresolved, to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the provisions of the laws of the State of Texas unless the Parties stipulate otherwise.

You agree to resolve any disputes or claims first through mandatory arbitration in the state of Texas and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

Force Majeure

Neither Party will be deemed in default of its obligations to the extent that the performance of any such obligation is prevented or delayed by war, insurrection, fire, flood, riot, acts of terrorism, strikes, acts of God, telecommunications failures or errors, systematic internet failure, including but not limited to interruptions by service providers, or any similar event or circumstance not caused, in whole or part, by such Party, and which is beyond the reasonable control of such Party.

Entire Agreement

These Terms and Conditions, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to this website and any membership program. It supersedes all prior or contemporaneous communications, discussions, negotiations, or proposals we may have had with you, whether electronic, oral, or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

Modifications

Company may modify these Terms and Conditions at any time in its sole discretion without further notice. Such changes will take effect as stated, and it is your responsibility to keep yourself updated with those changes, which will be made available on our website.

Severability

If any provision in these Terms and Conditions is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

Electronic Signatures

These Terms and Conditions are an electronic contract with full force and effect of a handwritten signature. By using our website or participating in any membership program, you fully accept our terms and conditions set forth herein.

Notices

Any notice or communication given or made by either Party under this Agreement shall be in writing to the email address provided. Both Parties agree to keep each other informed about their current email address.

Contact

For any questions, please contact us at support@diydreamsite.com