This Agreement sets forth the legal terms and conditions governing your use of this website (referred to herein as the "Website") as well as for your purchase and/or use of any DiaVita goods or services through the Website (collectively referred to hereinafter as, the “Offers”).
If you are dissatisfied with the Website or other Offers, your sole and exclusive remedy is to stop using the Website or Offers, except for the limited warranties that may apply to DiaVita's product Offers or as otherwise expressly stated in Section 4 of this Agreement (the DiaVita Customer Guarantee).
The information and features included in this Website are subject to change at any time without notice. By accessing or linking to this Website (to the extent linking is permissible), you assume the risk that the information on this Website may be changed or removed.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Enhance, add to, modify, or discontinue the Website or other Offers or any portion of the Website or other Offers, at any time based on our sole discretion.
From time to time, we reserve the right, based on our sole discretion, to modify, update, add to, discontinue, remove, revise, or otherwise change any portion of this Agreement, in whole or in part, at any time. If you provide information to us, access, or use the Website or participate in any Offer in any way after this Agreement has been changed, you will be deemed to have read, understood, and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Website and will supersede all previous versions of this Agreement.
The Website or the Offers, in whole or in part, may be enhanced, modified, or discontinued at our sole discretion. Any improvements, extensions, or modifications to the Website or Offers will be subject to this Agreement.
You must obtain access to the Internet and pay any service fees associated with such access to use the Website. In addition, you must provide all equipment necessary for your Internet access. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation, and maintenance of any hardware, software, telephone (cable, or other) service, and the Internet access service to your personal computer and all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software associated with the use of the Website or Offers.
You hereby declare and confirm that you are eighteen (18) years of age or older and that you are the authorized user of any and all credit cards used to purchase DiaVita® products through the Website.
DiaVita® products and the DiaVita business opportunity cannot be offered, shipped into or sold in any country outside of those countries that have been previously authorized by DiaVita. DiaVita is expanding its sales into other markets. Please check for updates periodically.
4. SALES THROUGH THIS WEBSITE & THE DiaVita CUSTOMER GUARANTEE
DiaVita products and services are sold through a network of DiaVita Members. To purchase DiaVita goods or services you need not become a DiaVita Member.
By placing an order on this Website, you agree that this transaction may be conducted electronically. Once you place an order on the Website, your DiaVita member may accept your order and choose for it to be fulfilled in one of two ways: 1) your DiaVita Member will complete your order from his own personal product inventory; 2) DiaVita will fulfill your order from one of our warehouses on behalf of your Member.
Your credit card statement will read ALW*diavita.com442032907714
DiaVita guarantees the quality of any product bearing the DiaVita name and certifies that the components manufactured for it are in accordance with the high freshness and purity standards for customer use. We are confident that our customers will find our products satisfactory in every regard. However, if for any reason, a retail customer is not completely satisfied with any DiaVita product purchased from DiaVita.com, we offer an exchange or a full refund (excluding shipping charges). Simply request a refund from DiaVita within thirty (30) days after your receipt of the product by contacting our Customer Service Department at DiaVita.com. This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.
5. YOUR INFORMATION AND PRIVACY
6. OUR PROPERTY RIGHTS
This Website and all of the content it contains, or may contain in the future, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips, and advertising copies, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying, and dissemination by copyright, trademark, publicity, and other laws as well as by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the Website is to be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without our prior written consent or the prior written consent of such a third party that may own the Material or intellectual property displayed on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement shall constitute a violation of this Agreement and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Website by other members, including without limitation by attempting to access administrative areas of the Website. You agree to report any violation of this Agreement by others in the event that you become aware of them. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove, or suspend any of the Material at any time, without notice and without liability. DiaVita, our logo, and the name of the products manufactured, marketed, sold, or distributed by DiaVita are trademarks and/or service marks of DiaVita or its affiliates. All other trademarks, service marks, and logos used on the Website or other Offers are trademarks, service marks, or logos of their respective owners.
7. MEMBERSHIP AND REGISTRATION
If you register for the Website, you willingly assume responsibility for all activities that occur under your account, email, and password, if any, and agree that you will not sell, transfer, or distribute your membership, any membership rights, or any email address issued by the Website. You are responsible for maintaining the confidentiality of your password, if any, as well as for restricting access to your computer so that others may not access the password protected portion of the Website or your Website issued email account using your name in whole or in part. If you feel that your password has been compromised, it is your responsibility to change your password.
We may, based on our sole discretion, at any time, and with or without notice, terminate your password and membership, for any reason or no reason at all.
Although we attempt to maintain the integrity of the Website and other Offers, we make no guarantee as to the accuracy or completeness of the Website or other Offers. If you believe that you have discovered an error on the Website or other Offers, please contact us at email@example.com and include, if possible, a description of the error, its URL location, and your contact information. We will make reasonable efforts to address your concerns.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS WARRANTIES FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT WE AND OUR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, LICENSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE OFFERS, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT, OR THE DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE, OR ITS ASSOCIATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER FOR AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR DISCLAIMERS FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on this Website, in any Offer, and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by us. The views and opinions of the users of this Website do not necessarily state or reflect those of DiaVita. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice, or content available on this Website.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Website. This Website may be temporarily unavailable due to maintenance or computer equipment malfunction.
BY USING THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES IMMUNE FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATING TO: YOUR BREACHING OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, WHICH INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY, OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY AS REQUIRED IN THE COMPANY'S DEFENSE OF ANY CLAIM. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT.
11. TERMINATION; MODIFICATION
We will determine your compliance with this Agreement at our sole discretion and our decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the Website (including any Web Property or email address provided by the Website) and may be referred to law enforcement authorities. No waiver of any of this Agreement shall be of any force or effect unless completed in writing and signed by a duly authorized DiaVita officer. We reserve the right to modify or discontinue this Website or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the Website or upon DiaVita’s request, you must destroy all materials obtained from this Website as well as all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.
If any provision of this Agreement is found to be invalid by any court with competent jurisdiction, the invalidity of such a provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. The section titles in this Agreement are for your convenience only and do not bear any legal or contractual effect.
The laws of the United Kingdom and Wales apply to this Agreement (without regard to conflict of law principles that would entail the application of any other jurisdiction's laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any dispute between you and us must be brought before a court of general jurisdiction of London, UK, within ninety (90) days after the occurrence of the facts giving rise to the cause of action; otherwise such a dispute shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in London, UK for any cause of action relating to or arising under this Agreement or the Website.