Your use of this website, www.DiabeticDivas.com (hereinafter "Diabetic Divas website"), and the products offered herein is subject to these Terms & Conditions. Please review these Terms & Conditions (hereinafter "T&C"). Your use of this website indicates your agreement with these rules and to be bound by them. If you do not agree with these T&C, your only remedy is to exit this website and do not use it. These T&C are binding upon users of this website.
These Terms & Conditions may change. ComSpark reserves the right to update or modify these T&C at any time without notice. Your use of this website following any such change indicates your agreement to follow and be bound by the modified T&C. For this reason, please review these T&C each time you use this website.
Copyright Notice - The content on Diabetic Divas website, such as images, graphics, design layout, and descriptions, are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by ComSpark, one of its affiliates, or by third parties who have licensed their materials to ComSpark. This website is copyrighted as a collective work under U.S. copyright laws and international treaties, and ComSpark owns a copyright in the selection, coordination, arrangement and enhancement of the content.
The content of this website is intended for personal use only by the users of this site. You may not download, print and/or store selected portions of the content unless you use these copies of the content for your own personal, non-commercial use only; do not copy, post, broadcast, distribute, or sell any of the content online or offline; and do not change the content in any way, including deleting or modifying copyright or trademark notices.
ComSpark retains intellectual property rights in any content you download from this website.
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Regarding Diabetic Divas Online Store:
Gift Services - We request that you do not use profane, libelous, fraudulent, defamatory, obscene, harassing, threatening, abusive, provocative or otherwise objectionable content in gift messages. We may remove any or all content from a gift message that we determine, at our sole discretion, violates this request or is otherwise harmful or offensive to us, other viewers, gift recipient(s), or any third party.
Colors - We have endeavored to display product colors on this website as accurately as possible. However, due to monitor variations, image processing for the Web, and variations from the factory, the colors you see may be different from the actual product colors. Therefore, we cannot guarantee product color accuracy.
Corrections - Although we endeavor to keep the information on the Diabetic Divas website accurate and current, this website may contain typographical errors, inaccuracies, and outdated information. Therefore we reserve the right to correct errors, inaccuracies or omissions and to change or update information at any time without notice, including after you have submitted your order. Such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
Quantity Limitations - We also reserve the right to limit quantities, including after you have submitted your order. We apologize for any inconvenience this may cause you.
Gift Certificates - Diabetic Divas Gift Certificates are considered purchased in and issued from the State of California. Gift Certificates are not returnable or refundable for cash except in states where required by law, and they must be redeemed withing nine (9) months of issuance. Gift certificates are not transferable. Resale of Gift Certificates is strictly prohibited.
By purchasing a Gift Certificate, you are certifying and representing that the Gift Certificate will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. In addition, you agree to defend and indemnify ComSpark and its subsidiaries and affiliates, including, but not limited to, the Diabetic Divas website (hereinafter collectively "we", "our" and "them") from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Certificate or violation of any of these T&C.
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Disclaimers, Limitation of Liability, and Enforcement of Terms & Conditions:
Disclaimers - The Diabetic Divas website is operated on an as-is, as-available basis, without representations or warranties of any kind. To the full extent permitted by law, we disclaim any and all representations and warranties regarding this site and its contents, whether expressed, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.
We disclaim any and all warranties, expressed or implied, for any merchandise offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the item.
We do not represent or warrant that the information and scripts in use on this website are accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.
We disclaim any liability as to the accuracy or completeness of each item description. All product descriptions originate from the manufacturer and/or supplier of the item.
We do not endorse nor make any warranties or representations about any website you may access through this website. You need to make your own decisions regarding your viewing, interaction, or communication with any other website.
We make no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States.
We assume no risk or responsibility for your use of any of the content provided on this website.
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Limitation of Liability - Under no circumstances shall we or any of our employees, officers, agents, vendors or suppliers (hereinafter collectively "we") be liable for any direct or indirect losses or damages arising out of or in connection with the use of, or inability to use, this website. Under no circumstances shall we be liable for any direct or indirect losses or damages arising out of or in connection with the use or possession of, or inability to use, any product sold on this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if any of our authorized representatives have been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this website or any content on the site, or with these T&C, your only remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of this site is at your sole risk.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, including local or state laws, then our aggregate liability under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).
Enforcement of Terms & Conditions - By accessing and using the Diabetic Divas website, you agree that your access to and use of this website is subject to these Terms & Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of California, United States of America.
Updated 7/9/08
