By clicking the “Purchase” button, you, the purchaser of a product or other service from www.diabetichealthjournal.com (hereinafter “Customer”) acknowledge the terms as outlined herein. You agree you are voluntarily entering into a binding legal agreement with Lauren Bongiorno, Incorporated (hereinafter “Company”), inclusive of the following terms and conditions mutually agreed upon:
Company may allow customers to post reviews of our Products, to be published on Company’s website, or on various sales materials for website or other products created by Company. Customer understands that he or she is not required to give a review, and understands that the choice to do so is freely up to Customer. If Customer provides Company with a review, Customer understands the material will likely be published on Company’s website and used in various social media channels. No payment or additional services will be provided in exchange for a review, and Customer understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or re-purpose any information provided to Company in any review provided.
Payment and Payment Plans
Customer understands the cost of the product being purchased is payable in full, and must be successfully processed before Company or the relevant third party will ship the purchased product(s). No payment plan is currently available, and Company must receive an acceptable form of payment from Customer before the transaction will be completed.
Applicable estimated shipping charges will appear and automatically populate on website prior to customer’s purchase. The cost of shipping goes towards shipping the item only and not towards any additional customs fees and/or taxes that may be charged for international delivery. The Customer is liable for any additional customs fees and taxes necessary to receive the package. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine these additional costs prior to purchasing.
Company reserves the right to adjust any shipping costs, methods, or couriers at its sole discretion, and does not constitute a breach or entitle customer to a refund of products. International purchases may take longer to update and ship, and may include amended charges for shipping if third-party carrier makes changes. If customer enters address wrong, or otherwise makes an error, it is up to the customer to contact the applicable third-party and track down the order using the tracking number. Please allow up to 24 hours for an order to be processed.
Refunds / Exchanges / Returns
Unless item is damaged, or order was incorrect, please note all sales are final and may not be returned, cancelled, or exchanged. If the item is damaged, or the incorrect item was received, please email us within seven (7) days of the date your order is received email@example.com and provide your name, order number, and describe the issue with your order. If possible, please also attach a photograph of the incorrect or damaged item received. The item may only be returned if unused - including damaged or incorrect orders, so if you notice any issues with the order, please DO NOT USE it, and contact us immediately. If your order qualifies for a return or exchange, and you are within the United States, we will send you a prepaid shipping label for you to return the damaged or incorrect item to us. Once we receive the item(s), we will ship out the correct or replacement item(s) as soon as possible. If the item(s) are out of stock, we will ship them to you as soon as inventory is restocked.
Technology / Inventory
Company is not responsible for any specific technology you may need in order to adequately view and utilize our website. Customer’s inability to access the website or the relevant purchase page(s) due to a technology issue on Customer’s end does not qualify Customer for a refund, nor does it alleviate Customer of his or her responsibility to make monthly payments, unless or until Customer’s subscription is properly canceled in accordance with the cancelation policy above. Company reserves the right to limit product quantities, and/or to revise, suspend, or terminate any promotion, sale, product, or offering at any time with or without notice.
Customer also agrees to receive any communication from Company - whether in regards to a pending order, customer service inquiry, or otherwise - electronically via email to the email address provided by Customer at checkout, or when the inquiry was made, and such communication shall be considered “in writing” to ensure compliance with any legal requirements, as applicable.
If Customer is making an online subscription purchase, Customer has the responsibility and burden to ensure all information provided to Company is truthful, accurate, and updated. Should Customer fail to enter accurate information, either intentionally or in error, Customer shall bear the responsibility to discover and fix such issue. Company shall not be responsible for any interruption in service or product shipment due to Customer information error. To the extent necessary, Company may cancel, suspend, or otherwise cancel an order if Company feels (in its sole and exclusive right) that any information is suspected fraud, or otherwise incorrect.
Customer understands and agrees that he/she is voluntarily choosing to subscribe and/or purchase from Company and is solely responsible for any outcomes or results. While Company believes in the products offered, Customer acknowledges and agrees that Company is not responsible nor liable to Customer should Customer sustain any injuries, incur harm, or encounter any negative ramifications, other than that which is required by law. Customer agrees that he/she is fully responsible for his/her own decisions, including the decision to purchase any one or more product(s) from Company, and has independently decided that such product is right for him/her.
Disclaimer /No Guarantees
Company cannot guarantee results or satisfaction from any product offered, and cannot make any representations or guarantees regarding individual results. Customer will hold Company harmless if he or she does not experience the desired results, or if product is not as he/she desired, as long as the product received is that which was advertised on website, and that which was ordered by customer..
Customer understands that all products provided by Company herein are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Customer is choosing to purchase the relevant product from Company on a purely voluntary basis and does not hold Company responsible should Customer become dissatisfied with any portion of his/her purchase.
Customer agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following use of Product, other than any such guarantees made by Company, as long as Company delivers the product as described and pictured on website.
Customer also agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of the product purchased. The product(s) offered for sale are those which may or may not be useful to Customer in his/her personal business or life. Customer understands Company cannot guarantee results from use of a product, and has no expectation of a specific result that he or she holds Company responsible for.
Customer agrees that while product may be used to support individuals with certain diagnoses or health needs, any and all products for sale are offered as support tools that may or may not be useful to individuals working toward health-related goals. Company does not offer any products meant to serve as substitutes for medical treatment, working with a physician or other professional in a personalized capacity, or other similar medical needs. The products offered here may or may not work for everyone and you as the customer must independently research, discuss with your medical provider, and do any additional research before deciding whether or not any product available here may be right for you. Company does not make any claims or guarantees regarding health improvement or benefit, and any decision to purchase a product herein is solely that of the customer.
Unless otherwise noted, Company maintains all copyrights and other intellectual property rights in all original work associated with or included in the products for sale, including but not limited to: artwork, design, documents, processes, worksheets, copy for website or sales pages, and any other original work created by Company. Customer agrees he or she may be granted a limited right to use selected materials with his/her purchase, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Customer, nor grant any license to use the information.
Customer agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately terminate customer’s account without refund, as well as access to any other materials Customer may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Customer agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Customer’s use of Company’s product(s), as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Customer’s purchase. Should Company be required to defend itself in any action directly or indirectly involving Customer, or an action where we decide Customer’s participation or assistance would benefit Company’s defense, Customer agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
Should a dispute arise between Company and Customer, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Customer agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other Customers of Company.)
If unable to reach a resolution informally, Customer and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in New York, New York within a reasonable amount of time. Customer and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
This Agreement shall be governed by and under control of the laws of New York regardless of conflict of law principles, and regardless of location of Customer. Customer understands this and agrees that the laws of New York are to be applicable here.