Indemnification Policy

Effective Date: January 1, 2024 | Version: 2.1 | Applies to: All Users, Contributors & Purchasers

            Important Notice: This Indemnification Policy outlines your legal obligations when using Automotive DIY’s platform, tools, guides, and community features. By accessing or using our services, you agree to hold harmless and indemnify Automotive DIY against claims arising from your use of our materials.
        

1. Definitions & Scope

For purposes of this agreement, "Automotive DIY" refers to the company, its affiliates, officers, directors, employees, and agents. "You" or "User" refers to any individual or entity accessing our website, purchasing our products, utilizing our digital guides, or participating in our community forums.

This indemnification obligation applies to all interactions with our platform, including but not limited to: downloading instructional content, purchasing or renting tools, submitting user-generated content, and participating in community discussions.

2. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Automotive DIY and its related parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from:

Your use of, or inability to use, our platform, tools, or instructional materials;
Your violation of this policy or any related terms of service;
Your violation of any third-party right, including intellectual property or privacy rights;
Any modifications, repairs, or maintenance performed on vehicles using our guides, tools, or community advice;
Your use of our platform contrary to applicable laws, regulations, or safety standards.

3. Vehicle Modifications & DIY Repairs

Automotive DIY provides educational content, tool recommendations, and diagnostic guidance for informational purposes only. You acknowledge that:

Performing vehicle repairs or modifications involves inherent risks, including potential injury, property damage, or vehicle malfunction;
You are solely responsible for evaluating the safety, legality, and compatibility of any procedure you attempt;
Any claim arising from vehicle damage, warranty voidance, regulatory non-compliance, or personal injury resulting from DIY work shall be your exclusive responsibility;
Automotive DIY shall not be liable for mechanical failures, recall issues, or insurance complications stemming from user-implemented modifications.

4. User-Generated Content & Community Participation

When you submit tutorials, forum posts, reviews, photographs, or other materials to our platform, you grant Automotive DIY a perpetual, non-exclusive license to use, reproduce, and distribute such content. You further agree to indemnify us against any claims arising from your submissions, including allegations of defamation, copyright infringement, or inaccurate technical advice.

5. Cooperation Requirements

In the event of a claim subject to indemnification, you agree to:

Provide Automotive DIY with prompt written notice of the claim;
Allow Automotive DIY to control the defense and settlement negotiations, at our discretion;
Provide reasonable cooperation, including documentation, witness access, and technical clarification, at your expense.

Automotive DIY reserves the right to engage independent legal counsel and coordinate defense strategies. Settlements requiring admission of liability or restrictive covenants on Automotive DIY shall require our prior written consent.

6. Exclusions & Limitations

Your indemnification obligations under this policy shall not apply to claims resulting from:

Gross negligence or willful misconduct by Automotive DIY;
Defects in products manufactured or directly sold by Automotive DIY that violate express warranties;
Claims arising from our breach of applicable consumer protection laws.

This indemnification clause is in addition to, and does not replace, the Limitation of Liability provisions outlined in our Terms of Service.

7. General Provisions

Severability: If any provision of this policy is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law: This indemnification agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles.

Amendments: Automotive DIY reserves the right to modify this policy at any time. Continued use of our services following posted revisions constitutes acceptance of the updated terms.

8. Contact & Legal Inquiries

For questions regarding this Indemnification Policy, or to exercise your rights under this agreement, please contact our Legal Department:

Automotive DIY Legal & Compliance
Email: legal@automotivediy.com
Mailing Address: 742 Gearbox Lane, Motor City, MI 48201
Phone: 1-800-DIY-CARS (Press 0 for Legal)