IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER DIABTESHEALTHSHAKES.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 10 through 13). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of www.diabeteshealthshakes.com (hereafter “Website”), which is owned and maintained by No Supps No Gain (“Diabetes Health Shakes,” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information and products available, to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE AND SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY AND RETURN/REFUND POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU”) AND PRESTIGE LABS. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED BY PRESTIGE LABS, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 14 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 14 BELOW, WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

Diabetes Health Shakes reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://diabeteshealthshakes.com/terms-of-use-agreement/. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

TABLE OF CONTENTS

1) Website Use
2) Website User Conduct and Restrictions
3) Our Privacy Policy and Your Personal Information
4) Accuracy, Completeness, and Timeliness of Information
5) Order Placement and Acceptance; Method of Payment
6) SUBSCRIPTION PLAN, AUTOMATIC PAYMENT, AND CANCELLATION
7) Accuracy of Billing and Account Information
8) Shipping Fees
9) Products and Prices Available on the Website
10) NO MEDICAL DIAGNOSIS OR TREATMENT
11) FOOD ALLERGY DISCLAIMER
12) DISCLAIMERS OF WARRANTIES
13) LIMITATIONS OF LIABILITIES
14) DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
15) Third-Party Links
16) Testimonials, Reviews, and Pictures/Videos
17) Indemnification
18) Notice and Takedown Procedures; Copyright Agent
19) Electronic Communications
20) Severability
21) Termination
22) Entire Agreement
23) Contacting Us

SECTION 1 - WEBSITE USE

By using the Website, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 - WEBSITE USER CONDUCT & RESTRICTIONS

All aspects of our Website are protected by the Australian. and international copyright, trademark, and other intellectual property laws, including all content, information, product labels, product design and formulation, design elements, text material, logos, taglines, meta tags, hashtags, photographic images, video and audio clips, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Diabetes Health Shakes™ and www.diabeteshealthshakes.com™ are proprietary trademarks of Diabetes Health Shakes, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Diabetes Health Shakes.

Subject to your continued strict compliance with all Terms, Diabetes Health Shakes provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

SECTION 3 - OUR PRIVACY POLICY & YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public personal information. Your submission of personal information through the Website and online store is governed by our Privacy Policy. Our privacy policy may be viewed at https://diabeteshealthshakes/privacy-policy-2/. Diabetes Health Shakes reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our privacy policy is incorporated into this Agreement by reference.

SECTION 4 - ACCURACY, COMPLETENESS, & TIMELINESS OF INFORMATION

While we endeavour to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

The material on the Website is provided as general information only. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The statements made on this Website have not been evaluated by the Food and Drug Administration. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website.

SECTION 5 - ORDER PLACEMENT & ACCEPTANCE; METHOD OF PAYMENT

If you are ordering a product or enrolling in our subscription plan, payment must be received by Diabetes Health Shakes before your order or enrolment is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us at support@diabeteshealthshakes.com immediately in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order, and if previously charged, your payment card will be fully refunded for that specific order.

We do not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website without an executed Distributor Agreement. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

STILL HAVE QUESTIONS?

If you still have questions feel free to contact us!