Terms And Conditions

(Terms of Service)

By accessing and using this website (this “Site”) and purchasing products or services on it, you agree to abide by these Terms & Conditions (“Terms”). If you do not agree with these Terms, you may not access the Site. This Site is operated by DR. DIOL® or one of its affiliates (“the Company,” “us,” “our(s),” or “we”). We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of these Terms you will have your access canceled and you may be permanently banned from accessing the Site. If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.

By accessing, using, or placing an order on this Site, you certify that you are at least eighteen (18) years of age.

FDA Disclosure:

The content of this website has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat or cure any disease. Always check with your physician before starting a new dietary supplement program.

Any advice or recommendations given through this website or by phone, email, in-person, or otherwise, is at the reader’s sole discretion and risk. Information presented on this website is not to be interpreted as an attempt to prescribe or practice medicine. Always consult with a medical professional when making decisions regarding your health.

User Agreement:

You must read and agree to these Terms and Conditions before ordering any products from this website. By placing your order you agree to be bound by the following Terms and Conditions

Product Disclaimer:

I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. I understand the information on this website or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.

I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that the products listed on this website are not intended or to be used to treat any type of medical condition. You hereby acknowledge and represent that you understand and agree to these terms and conditions, and you are warranting DR. DIOL® that you are intentionally and knowingly seeking access to products for your own personal use.

You hereby further affirm and warrant that you are currently over the age of eighteen 18 years and are capable of lawfully entering into and executing the terms of this agreement.

Product and Pricing Information:

All prices and products advertised are subject to change. Although the website is composed with care, it may happen that the pricing information on the website contains errors. We are not bound by our offer or any prices on the website and we, therefore, reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the website.

Payment and Processing:

All online orders must be made via credit or debit card and will be processed through Square®, which is mandatory for all transactions conducted through this Site. We begin shipment of your order after the payment has been processed.

If you subscribe to the services for a term (the “initial term”), then the terms of service will be automatically renewed for additional periods of the same duration as the initial term at company’s then-current fee for such services unless you opt out of the auto-renewal / decline to renew your subscription.

Once orders are submitted, we can not apply any discounts or coupons. Please ensure that your order is correct before submitting, including the items, quantity, pricing, and discounts.

Sales Tax:

You are responsible for all sales tax or other applicable taxes, other than income taxes, as well as necessary shipping, storage, or handling costs, if any, incurred in connection with your order.

Chargebacks:

By utilizing a credit card or debit card (“Card”) to pay for the products, you authorize the Company to charge the full amount reflected on your purchase order to the Card that you provide in connection with the sale. You agree that, except as otherwise provided herein, all Card payments to the Company are nonrefundable. You further agree that you shall not initiate or request any chargeback or associated amounts (a “Chargeback”) from the Card issuer, the issuing bank, or the Card processor. In the event you violate this provision, you shall be solely and exclusively responsible for any Chargeback and for reimbursing the Company in full, within seven (7) days, in the event of any Chargeback.

Shipping, Delivery, and Returns:

Refund Policy: Please see our Shipping and Returns policy.

Timeframes: Please note that shipping dates, delivery dates, and processing time for returns and refunds are estimates only and not guaranteed.  Your acceptance of the terms of purchase means you agree to and understand the refund policy.

Damage During Shipping:

We take customer satisfaction seriously. All of our products are tested for quality, and all shipments are carefully inspected before leaving our hands to you. Please check your shipment carefully upon arrival to ensure it has not been damaged during shipping. All claims for damaged products must be made with 72hrs.

Please contact us and provide detailed information (including pictures if possible) about any product damaged during shipping within that time.

Records:

You agree to maintain all records necessary to comply with all applicable laws relating to the sale, storage and shipment of the products in your order. The Company will do the same. All such records shall be maintained for such a period as may be required by applicable law.

Use of Images and Marks:

You may not use, or authorize others to use, the name, symbols, or marks of the Company in any advertising, marketing, or publicity material or make any form of representation or statement with regard to the services provided hereunder which would constitute an express or implied endorsement by the Company.

Recalls:

The Company, in the Company’s sole discretion, shall determine whether or if any products placed in the market by any party must be withdrawn or recalled from the market. In the event that the Company determines a recall is necessary, you agree to comply with the Company’s recall procedures.

Limited Warranty and Acknowledgment

The Company warrants that the products will comply with the Company’s specifications as of the date they are shipped to you. Except for the foregoing, you acknowledge that you have not relied on, and the Company has not made, any representations or warranties with respect to the quality or condition of the products. You acknowledge that you are purchasing the products on an “as is” basis. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, GUARANTEES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE PRODUCTS.

Products manufactured by a third party (“Third Party Product(s)”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third Party Products are not covered by the warranty set forth in Section 11(A). For the avoidance of doubt, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

The Company shall not be liable for a breach of the warranty set forth in Section 11(A) unless: (i) you give written notice of the defect, reasonably described, to the Company within 3 days of the time when you discover or should have discovered the defect; (ii) the Company is given a reasonable opportunity after receiving the notice to examine the products and you (if requested to do so by us) return the products to our place of business at your sole cost; and (iii) we reasonably verify your claim that the Products are defective.

The Company shall not be liable for a breach of the warranty set forth in Section 11(A) if: (i) you use the products after giving notice of an alleged warranty breach; (ii) the defect arises because you failed to follow any applicable instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you alter or repair the products without our prior written consent.

Subject to the provisions set forth in this Section, with respect to any such products entitled to warranty coverage by the Company, we will, in our sole discretion, either: (i) repair or replace the products (or the defective part), and you will pay for all applicable shipping costs, or (ii) credit or refund the price of the products (excluding any shipping costs) at the pro rata contract rate; provided that, if we so request, you shall, at our expense, return the products to us. THE REMEDIES SET FORTH IN SECTION 11(E) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(A).

Statements Regarding Products

All information provided by the Company, through the Site, or from other information provided over the phone, email, or any other transmission is purely for educational and informational purposes. This should never be interpreted as a recommendation to undertake a specific action or as a claim to any particular product. Using the information for legal or illegal activities is at your own risk. The Company does not guarantee that any information on the Site is up-to-date or otherwise accurate.

Our products do not have any medical value. Our products may not be used as a medicine or as a replacement for medicines.

All graphics on this site are for illustration purposes only.  We reserve the right to change branding and packaging without notice.  All illustrations, pictures, design, text, marks, and logos on this Site are copyrighted. Any commercial use of any of these contents is strictly prohibited without the written permission of the Company.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE GOODS EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU FOR THE PRODUCTS SOLD HEREUNDER. The limitation of liability shall not apply to liability resulting from the Company’s willful or intentional misconduct.

Force Majeure

The Company shall not be liable or responsible for any failure or delay in fulfilling or performing any these Terms when and to the extent the failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company, including, but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage; provided that, if the event in question continues for a continuous period in excess of 30 days, you will be entitled to terminate your purchase with the Company.

Governing Law/jurisdiction

These Terms and the Privacy Policy, and any dispute arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than the State of Colorado. Any legal suit, action, or proceeding arising out of or related to Terms or the Privacy Policy or the matters contemplated hereunder shall be instituted exclusively in a state or federal court located in Denver, Colorado that has subject matter jurisdiction over the dispute, and you and the Company irrevocably consent to the jurisdiction of such courts and agree that venue in such courts shall be and is proper and exclusive. In addition to any other fees, costs, or damages to which the Company is entitled, in the event of any dispute arising out of or relating to the Terms, the Company shall be entitled to recover from you all reasonable attorneys’ fees, costs, and other expenses it incurs in such a dispute, through all appeals.

Third-party Content:

Any content, products, or services posted on, transmitted through, or linked to by third parties from the website are the sole responsibility of the third-party originator of such content. DR. DIOL® does not control, approve, sponsor, or endorse any third-party content, products or services on, or linked, through the website, and we make no representations regarding and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party content, products or services. Links to any third- party content are provided for your convenience only. If you choose to access any third-party content, you agree that you do so at your own risk and DR. DIOL® is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party content, products or services.

Any concerns regarding any such link should be directed to the particular third party website.

Last Modified: 6/28/21