Advertisements: Diavici LLC reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

Attribution. Diavici LLC reserves the right to display attribution links such as ‘Blog at http://diavici.com,’ theme author, and font attribution in your blog footer or toolbar.

Changes. Diavici LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Diavici LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

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Termination. Diavici LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your http://diavici.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Diavici LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Diavici LLC’s notice to you thereof; provided that, Diavici LLC can terminate access to the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Event refund policy: All Diavici LLC events (live and online) are non-refundable and non-transferable. The only exception is for an Act of God or Covid-19 travel restrictions and mandates prohibiting you from traveling.

Disclaimer of Warranties. The Website is provided “as is” with all faults and no warranties. Diavici LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible pursuant to applicable law. Neither Diavici LLC nor its suppliers and licensors, makes any warranty that the Website: i) will meet your requirements; ii) will be error free or that errors will be corrected; iii) that access thereto will be continuous or uninterrupted; iv) will be free of viruses or other harmful components; v) will have security employed that will be sufficient against interference with your enjoyment of the website or against infringement; vi) will result in any specific health related outcome; vii) will be accurate or reliable. You understand that the Website, the products and/or services offered on the Website may contain bugs, errors, problems or other limitations; therefore you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Diavici LLC is not liable for the availability of the underlying Internet connection associated with the website. No advise or information whether oral or written obtained by you from this Website shall create any warranty not expressly stated in the Agreement.

 

No Guarantee of Earnings: While Diavici LLC strives to provide accurate and immediately actionable information, nothing on the Website or in our trainings has any guarantee of earnings. Your results will be based on the effort you put into your marketing efforts. Use of this Website is subject to Diavici LLC’s Earnings Disclaimer.

 

Limitation of Liability: In no event will Diavici LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental, consequential or exemplary damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) loss of profit, goodwill, use, data or other intangible losses; (v) for any amounts that exceed the fees paid by you to Diavici LLC under this agreement during the twelve (12) month period prior to the cause of action. Diavici LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. No action, regardless of form, arising out of the use of the Website may be brought by you more than One (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Diavici LLC. Access to the Website would not be provided without such limitation. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty: You represent and warrant that (i) your use of the Website will be in strict accordance with the Diavici LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification: You agree to indemnify and hold harmless Diavici LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, products purchased there from, including but not limited to your violation of this Agreement and the violation of any rights of another individual and/or entity.

 

Binding Arbitration & Choice of Law: All access to or use of the Website shall be governed by the laws of the state of Texas, United States, excluding its conflict of law provisions.

Any dispute arising under this Agreement or otherwise regarding your relationship with Diavici LLC shall be decided exclusively through binding arbitration conducted by the American Arbitration Association (“AAA”), and shall be decided by a single arbitrator who will apply the AAA’s Commercial Arbitration rules. The arbitrator does not have authority to make an order for costs or attorney’s fees, and will only award contract damages if any. If, however, a party files a suit in Court in violation of this written arbitration agreement, the party that is made to defend the suit in Court is entitled to an immediate stay and dismissal of such Court proceeding, and shall be entitled to an award of all reasonable attorney’s fees and costs in connection with such Court proceedings. In order to keep costs down, the arbitration will be conducted through written submissions only, and the arbitrator will not require any live hearings. By entering into this Agreement you waive all rights to class arbitration. The arbitration shall take place in Texas, in the English language and the arbitral decision may be enforced in any court. Each party will pay their costs and attorneys’ fees incurred in connection with the AAA arbitration proceeding.

 

Miscellaneous: This Agreement constitutes the entire agreement between Diavici LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Diavici LLC, or by the posting by Diavici LLC of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Diavici LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns