Terms and Conditions of Sale

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OVERVIEW

This website is operated by DiaVibra. Throughout the site, the terms "we," "our," and "us" refer to DiaVibra. This website, including all information, tools, and services available through it, is provided by DiaVibra to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms of Service"), including the terms and policies referenced in this document and/or accessible via hyperlink. These Terms of Use apply to all site users, including but not limited to visitors, vendors, customers, merchants, and/or content providers. Please read these Terms of Use carefully before accessing or using our website. By accessing any part of the site or using it, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Use constitute an offer, acceptance is expressly limited to these terms.

Any new tools or features added to this store are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. By continuing to access or use the website after the posting of changes, you agree to those changes.
Our store is hosted by Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are of legal age in your region, province, or state and that you have given us permission to allow any minor under your care to use this site.

You must not use our products for any illegal or unauthorized purpose, nor violate the laws of your jurisdiction while using the service (including but not limited to copyright laws).

You must not transmit any worms, viruses, or destructive code.

Any breach or violation of any of the terms will result in the immediate termination of services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, and for any reason.

You understand that your content (excluding credit card information) may be transferred unencrypted, which includes (a) transmissions over various networks; and (b) changes made to conform and adapt to technical requirements of networks or connection devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, use of the service, or access to the service, or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is inaccurate, incomplete, or outdated. The content on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting more comprehensive, accurate, complete, or timely sources of information. If you rely on the content of this site, you do so at your own risk.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

This site may contain historical data. By definition, historical data is outdated and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information it contains. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATION OF SERVICES AND PRICES

Our product prices may change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time and without notice.

We will not be liable to you or any third party for any change in prices or any modification, suspension, or discontinuation of the service.

**SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)**

Certain products or services may be available only online through the website. These products or services may have limited quantities and their return or exchange is strictly subject to our return policy.

We have made every effort to display as accurately as possible the colors and images of the products that appear in the store. However, we cannot guarantee that the colors displayed on your computer screen are accurate.

We reserve the right, without obligation, to restrict the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or services we offer. All product descriptions and prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please refer to our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not control. If, upon our request, you submit specific content (e.g., as part of your participation in contests) or if, without our request, you submit creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), whether online, via email, postal mail, or otherwise, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to edit, copy, publish, distribute, translate, and use in any medium the comments you provide. We have no obligation (1) to maintain the confidentiality of comments; (2) to pay compensation for comments provided; or (3) to respond to comments.

We may, but are not obligated to, remove content and accounts containing content that we, in our sole discretion, deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that infringes upon a third party's intellectual property rights or these terms of service.

You agree that your comments will not infringe on the rights of third parties, including copyright, trademark, privacy, personality, or other personal or intellectual property rights. You also agree that your comments will not contain unlawful, offensive, or obscene material, or any viruses or other malware that might affect the operation of the service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of your comments. You are solely responsible for all comments you make and their accuracy. We take no responsibility for comments posted by you or any third parties.

SECTION 10 - PERSONAL DATA

The transmission of your personal data on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our Site or Service that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, prices, promotions, offers, shipping, delivery times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time and without prior notice (including after you have submitted your order).

We are under no obligation to update, amend, or clarify information in the service or on any related website, including, but not limited to, pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you may not use the site or its content:
(a) for any illegal purpose; (b) to induce others to commit or participate in illegal acts; (c) to violate any local or international, federal, provincial, or state law or regulation; (d) to infringe or violate our or any third party’s intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other code that is harmful or that could compromise the functionality or operation of the service or any related website or the internet; (h) to collect or track the personal information of others; (i) to send spam, phishing, divert, extort, scrape, or crawl the web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of the service or any related site, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that the use of our service will be uninterrupted, secure, timely, or error-free.

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, express or implied, including all implied warranties or conditions of merchantability or fitness for a particular purpose, durability, title, and non-infringement.

DiaVibra, its directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, or data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any service or product using the service, or any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if you have been advised of the possibility of such claims.

Since some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability in such states or jurisdictions shall be limited to the fullest extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DiaVibra and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 15 - SEVERABILITY

If any provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION

The obligations and responsibilities undertaken by the parties prior to the termination date shall remain in effect after the termination of this agreement for all purposes.

These Terms of Service will remain in effect until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our site.

If we determine or suspect, at our sole discretion, that you have not complied with or have not adhered to any term or provision of these Terms of Service, we may also terminate this agreement at any time and without notice. You will remain liable for all amounts due up to and including the date of termination, after which we may deny you access to our services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Use and any other policies or rules published by us on this Site or related to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 18 - GOVERNING LAW

These Terms of Use and any separate agreement under which we provide you services shall be governed and interpreted in accordance with the laws of 2105 Vista Oeste St Nw, Suite E - 1890, Albuquerque, NM, 87120, UNITED STATES.

ARTICLE 19 - CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and/or modifications to our website. It is your responsibility to check our website periodically for changes. Your continued access to or use of our website and the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 20 - CONTACT INFORMATION

Questions about the Terms of Use should be sent to contact@diavibra.com.