Terms of Use

Terms of Use

Welcome to the DIANA’S website at diana-nutritiongoherbalife.com (the “Site”), owned and operated by DIANA’S (“DIANA’S,” “we,” “us,” “our”). Please read the following information carefully. Your access and use of the Site and use of goods and services offered therein (collectively, the “Service”) are subject to the terms and conditions in these Terms of Use (these “Terms”). 

You must agree to these Terms to use the Service. If you use the Service, or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept these Terms, then you may not use the Service.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

  Your Access to the Site

  1. Internet Access. When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.
  2. Your Device. DIANA’S is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
  3. No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

  Permitted Use and Restrictions

  1. License Grant. Subject to the terms and conditions of these Terms, DIANA’S hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
  2. Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit, or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by DIANA’S in its sole discretion.
  3. Eligibility. You may only use the Service if you are 16 years of age or older. To register for an account, purchase products via the Service, or subscribe to receive any content or other marketing or promotional material from us through the Service (in any form and via any media) you must be an individual at least 18 years of age and able to enter into legally binding contracts.
  4. Investigations. We may, but are not obligated to, monitor, or review the Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion immediately terminate your license to use the Service pursuant to Section 17 (Termination) below.
  5. Violation of these Terms. You must not use (or permit a third party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service, other than as permitted by the robots.txt file for the Site; (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and DIANA’S has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

  User Accounts

  1. Accounts. To use certain features of the Service, you may be required to create a DIANA’S account and provide us with a username, password, and certain other information about yourself. You may also create an account by logging in through certain third-party authentication platforms (e.g., Facebook OAuth, Twitter OAuth). By logging in through a third-party authentication platform, you authorize us to collect your name, email address, language preference, and access token. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete.
  2. Fees. You agree to pay all applicable charges, fees, and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
  3. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify DIANA’S immediately if you become aware of any unauthorized use of your password or of your account.
  4. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
  5. Account Cancellation by You. You may cancel your account by logging into your account and selecting the cancellation option. You may also contact us at the information in Section 23 (Contact Us) below.
  6. Account Cancellation by Us. DIANA’S may terminate your account at any time for any reason or no reason, including if: (i) we determine that you are (A) in breach of or otherwise acting inconsistently with these Terms or (B) engaging in fraudulent or illegal activities or other conduct that may result in liability to DIANA’S; (ii) DIANA’S determines it is required by law to terminate your account; or (iii) DIANA’S decides to stop providing the Service or critical portions of the Service. When terminating your account, DIANA’S may cancel your account and delete the information in it. You have no ownership rights in your account.

  Terms of Sale and Payments

  1. Payment Method. If you choose to purchase products, you will be required to provide a current, valid, accepted method of payment (“Payment Method”). You may choose to have your Payment Method saved for easier subsequent checkouts.
  2. Payment. If you choose to purchase goods from us, you agree that we may charge your credit card, or other chosen Payment Method, and you understand that all payments must be in U.S. dollars. DIANA’S uses authorized third parties for the purpose of processing your transactions, credit card authorization, order fulfillment, and shipping. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) DIANA’S the right to store and process your information with such third parties. You agree that DIANA’S will not be responsible for any failures of such third parties to adequately protect your information.
  3. Product Availability. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings through the Service, without notice, at any time. All prices displayed through the Service are quoted in the selected currency (USD, CAD, EUR, GBP, AUD) and are exclusive of taxes, foreign exchange fees, and delivery charges.
  4. Personal Use. Unless you are an authorized retailer, all products sold by or received from DIANA’S are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise received from DIANA’S. DIANA’S reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by DIANA’S in its sole discretion.
  5. Product Returns. Our return and exchange policy is available at https://diana-nutritiongoherbalife.com/pages/returns-exchanges, which is incorporated herein by reference.

  Discounts and Promotions

  1. From time to time, DIANA’S may, in its sole discretion, run online discounts and promotions on products purchased through the Site (a “Promotion”). Promotions are subject to both these Terms and any additional Promotion-specific terms (“Specific Promotion Terms”) which are incorporated into these Terms by reference. You should ensure that you read the Specific Promotion Terms that apply to each Promotion.
  2. Promotions are redeemable on online purchases through the Site only.
  3. Promotions cannot be applied to previous purchases nor combined with any other Promotions, discounts, coupons, or offers including, without limitation, any reward program(s), unless otherwise expressly indicated by DIANA’S. Only one Promotion may be applied per order. Promotions may not be applied to gift cards, taxes, or shipping and delivery fees, unless otherwise expressly indicated by DIANA’S. Promotions are not valid for cash, cash equivalent, or credit.
  4. Promotions are only available for a limited time. Please see the Promotion period in the Specific Promotion Terms.
  5. Promotions are subject to product availability and product quantities may be limited. DIANA’S cannot guarantee the availability of any product at any time.
  6. DIANA’S reserves the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, involved or may result in the violation of these Terms, any applicable Specific Promotion Terms, or the law. We further reserve the right to cancel or modify any Promotion or Specific Promotion Terms at any time without notice and in our sole discretion.
  7. If you have questions concerning any Promotion or Specific Promotion Terms, please contact us at the contact details below in Section 23 (Contact Us).

  Third-party Links

  1. The Service may contain links to website operated by other parties (“Third-Party Sites”). DIANA’S provides these links to Third-Party Sites as a convenience and use of the Third-Party Sites is at your own risk. The Third-Party Sites are not under the control of DIANA’S and DIANA’S is not responsible for the content available on the Third-Party Sites. Such links do not imply DIANA’S’s endorsement of information or material on any Third-Party Site and DIANA’S disclaims all liability with regard to your access to and use of such Third-Party Sites. Your use of Third-Party Sites is governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

  Submitted Content

  1. We may elect to accept user-generated material, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, information, or other materials submitted or made available through the Service via any function that allows a user to message, chat, comment, post, or share content.
  2. DIANA’S does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant DIANA’S (and our assigns, agents, and licensees) a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive, and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and DIANA’S’s (and its successors’, parents’, subsidiaries’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 9 (Submitted Content).
  3. You are responsible for the content you choose to communicate and access using the Service. In particular you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets, or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person. DIANA’S may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce these Terms. Further, DIANA’S may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of these Terms.
  4. You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and DIANA’S has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) DIANA’S does not guarantee any confidentiality with respect to your Submitted Content; and (iv) DIANA’S is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You further acknowledge and agree that (v) DIANA’S is not the source of, does not verify or endorse, and takes no responsibility for the Submitted Content; (vi) Submitted Content may be protected by intellectual property rights owned by third parties, (vii) DIANA’S has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (viii) DIANA’S may not be able to remove Submitted Content that is downloaded onto a user’s Device. DIANA’S does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
  5. You acknowledge and agree that DIANA’S has the right to pre-screen your Submitted Content but has no obligation to do so. In DIANA’S’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, DIANA’S and its designees shall have the right, but not the obligation, in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property or other rights.
  6. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will DIANA’S be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

  DMCA Notice

  1. DIANA’S has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of DIANA’S or of a third party, or otherwise violated any intellectual property laws or regulations. DIANA’S’s policy is to investigate any allegations of copyright infringement brought to its attention.
  2. Take-Down Notice: If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want DIANA’S to delete, edit, or disable the material in question, you must provide DIANA’S with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”)) to our designated copyright agent set forth below:
  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • Identification of the copyrighted work (or works) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit DIANA’S to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
  • Information reasonably sufficient to permit DIANA’S to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the person authorized to act on the copyright owner’s behalf, or the law; and
  • A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or you are authorized to act on the copyright owner’s behalf.
  • See 17 U.S.C 512(c)(3) for further information.
  • For this notification to be effective, you must provide it to DIANA’S’s Designated Agent by email at [email protected].
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