This website is operated by Divino Skincare & Wellness. Throughout the site, the terms “we,” “us,” and “our” refer to Divino Skincare & Wellness. Divino Skincare & Wellness provides this website, including all the information, tools, and services available on this site, to the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

**SECTION 1 – ONLINE STORE TERMS**

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

**SECTION 2 – GENERAL CONDITIONS**

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (except for credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

**SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION**

We are not responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

**SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES**

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

**SECTION 5 – PRODUCTS OR SERVICES (if applicable)**

Some items or services might be exclusively accessible online through our website. These items or services may have limited availability and are eligible for return or exchange as per our Return Policy. We have made every effort to present the colors and images of our products in our store as accurately as possible. However, we cannot guarantee that your computer monitor will accurately display the colors.

We retain the right, though we are not obligated, to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services made on this site are void where prohibited. We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.

**SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION**

We maintain the right to decline any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions might include orders placed under the same customer account, the same credit card, or orders using the same billing and/or shipping address. In case we modify or cancel an order, we will make an effort to notify you by using the email address or billing address/phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide accurate, current, and complete purchase and account information for all purchases made at our store. You also agree to update your account and other information promptly, including your email address and credit card numbers and expiration dates, to ensure we can complete your transactions and reach out to you when necessary. For more details, please review our Returns Policy.

**SECTION 7 – OPTIONAL TOOLS**

We may provide access to third-party tools through our website, but we neither monitor nor have any control or input over these tools. You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without any endorsement. We shall not be liable for any issues arising from or related to your use of optional third-party tools. The use of any optional tools provided through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and agree to the terms under which these tools are provided by the relevant third-party provider(s). Additionally, any new features or services offered through the website in the future, including new tools and resources, will also be subject to these Terms of Service.

**SECTION 8 – THIRD-PARTY LINKS**

Our Service may include content, products, and services from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of these third-party materials or websites, and we do not warrant or assume any liability or responsibility for them or any other third-party materials, products, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, please carefully review the policies and practices of these third parties and ensure you understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

**SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS**

If you provide us with specific submissions at our request (e.g., contest entries) or without a request (e.g., creative ideas, suggestions, proposals, plans, or other materials) whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may use, edit, copy, publish, distribute, translate, and otherwise utilize these comments in any medium at any time, without any restrictions. We are not obligated to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that, in our sole discretion, violates any law, is offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your comments will not contain defamatory, unlawful, abusive, or obscene material, nor will they contain any computer viruses or malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of the comments you make, and we assume no responsibility and have no liability for any comments posted by you or any third party.

**SECTION 10 – PERSONAL INFORMATION**

Your provision of personal data via the store is regulated by our Privacy Policy. To view our Privacy Policy, please click here.

**SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS**

From time to time, there may be information on our website or within the Service that contains typographical errors, inaccuracies, or omissions pertaining to product descriptions, prices, promotions, offers, product shipping fees, transit times, and product availability. We retain the right to rectify any errors, inaccuracies, or omissions and to modify or cancel orders if the information within the Service or on any affiliated website is found to be inaccurate at any time and without prior notice (including after an order has been submitted).

We are not obligated to update, amend, or clarify information within the Service or on any affiliated website, including, but not limited to, pricing information, unless mandated by law. The presence of a specific update or refresh date within the Service or on any affiliated website should not be interpreted as an indication that all information within the Service or on any affiliated website has been altered or updated.

**SECTION 12 – PROHIBITED USES**

In addition to other restrictions outlined in the Terms of Service, you are forbidden from using the website or its content: (a) for unlawful purposes; (b) to solicit others to engage in unlawful activities or participation; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used in any manner to affect the functionality or operation of the Service or any affiliated website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or bypass the security features of the Service or any affiliated website, other websites, or the Internet. We reserve the right to terminate your usage of the Service or any affiliated website for any violations of these prohibited uses.

**SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY**

We make no assurances, representations, or guarantees regarding the uninterrupted, timely, secure, or error-free nature of your experience with the services provided by Divino Skincare & Wellness. We do not vouch for the accuracy or reliability of the results that may be obtained through your use of the services. You acknowledge that we reserve the right to suspend the services temporarily or permanently at any time, without prior notice.

You explicitly acknowledge that your use of, or inability to use, the services is at your sole risk. The services and all products or services delivered to you by Divino Skincare & Wellness are provided “as is” and “as available.” We do not offer any express or implied representations, warranties, or conditions of any kind, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances will Divino Skincare & Wellness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise. This applies to any claims related to your use of the services or any products procured using the services, as well as any other claims linked to your use of the services or any content or product posted, transmitted, or made available through the services. This remains true even if you were advised of the possibility of such damage. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, our liability is limited to the maximum extent permitted by law.

**SECTION 14 – INDEMNIFICATION**

You agree to indemnify, defend, and hold Divino Skincare & Wellness, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand. This includes reasonable attorney’s fees, made by any third party due to or arising from your violation of these Terms of Service or the documents incorporated by reference, or your infringement of any law or the rights of a third party.

**SECTION 15 – SEVERABILITY**

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be severed from these Terms of Service. Such a determination shall not impact the validity and enforceability of the remaining provisions.

**SECTION 16 – TERMINATION**

The commitments and responsibilities of the parties established before the end date will persist beyond the conclusion of this agreement for all intents and purposes.

These Terms of Service are in effect unless terminated by either you or Divino Skincare & Wellness. You have the option to terminate these Terms of Service at any time by informing us that you no longer desire to utilize our Services or when you discontinue using our website.

Should we reasonably believe that you have not adhered to or have violated any of the terms or conditions outlined in these Terms of Service, we reserve the right to terminate this agreement at any time without prior notice. You will be responsible for any outstanding dues until the termination date, and we may accordingly restrict your access to our Services or any part thereof.

**SECTION 17 – ENTIRE AGREEMENT**

The failure of Divino Skincare & Wellness to apply or enforce any right or provision specified in these Terms of Service shall not be seen as a waiver of such right or provision.

These Terms of Service, in addition to any policies or operational regulations posted on this website or regarding the Service by Divino Skincare & Wellness, collectively constitute the complete agreement and comprehension between you and us. These terms govern your use of the Service, superseding any former or simultaneous agreements, interactions, or proposals, whether verbal or written, between you and Divino Skincare & Wellness. This encompasses, but is not confined to, any previous versions of the Terms of Service.

Any uncertainties in the interpretation of these Terms of Service should not be interpreted unfavorably against the party that drafted them.

**SECTION 18 – GOVERNING LAW**

These Terms of Service and any separate agreements through which Divino Skincare & Wellness delivers Services to you will be administered by and construed according to the laws of 3625 NW 82 Ave Ste. 100 Q Doral, FL 33166

**SECTION 19 – CHANGES TO TERMS OF SERVICE**

You can always view the latest version of the Terms of Service on this page.

Divino Skincare & Wellness maintains the prerogative, at our solitary discretion, to update, modify, or supplant any segment of these Terms of Service by announcing revisions and changes on our website. It is your obligation to periodically verify our website for any alterations. Your continued utilization of or access to our website or the Service after the announcement of any revisions to these Terms of Service demonstrates your acceptance of these modifications.

**SECTION 20 – CONTACT INFORMATION**

Inquiries about the Terms of Service should be directed to us at admin@divinoskincare.com

**SECTION 21 – SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS**

Divino Skincare & Wellness (hereinafter, “We,” “Us,” “Our”) is providing a mobile messaging program (the “Program”), which you consent to use and engage in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in or participating in any of our Programs, you acknowledge and accept these terms and conditions, including, without limitation, your commitment to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement pertains exclusively to the Program and is not intended to alter other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in different contexts.

**User Opt In:** The Program enables Users to receive SMS/MMS mobile messages by actively opting into the Program, such as through online or application-based enrollment forms. Regardless of the method you used to join the Program, you recognize that this Agreement applies to your participation. By participating, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number linked to your opt-in, with the understanding that consent is not required to make any purchase from Us. While you agree to receive messages sent using an autodialer, this does not imply that all Our mobile messages are sent through an automatic telephone dialing system (“ATDS” or “autodialer”). Standard message and data rates may apply.

**User Opt Out:** If you wish to discontinue your participation in the Program or no longer agree to this Agreement, you can opt out by replying with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. An additional mobile message may confirm your decision to opt out. You acknowledge that these specified options are the only reasonable methods of opting out, and that any other method, including using different words or verbally requesting removal by our employees, is not a reasonable means of opting out.

**Duty to Notify and Indemnify:** If you intend to stop using the mobile phone number subscribed to the Program, such as by canceling your service plan or transferring the number to another party, you agree to complete the User Opt Out process before discontinuing use. This agreement is a material part of these terms and conditions. If you fail to notify Us of this change and discontinue using the mobile number without notification, you agree to be responsible for all costs (including attorney fees) and liabilities incurred by Us or any party assisting in message delivery due to claims brought by individuals later assigned that mobile number. This duty and agreement remain in effect even after cancelation or termination of your Program participation.

**YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY ARISING FROM YOUR FAILURE TO NOTIFY US OF CHANGES IN YOUR PROVIDED INFORMATION, INCLUDING CLAIMS OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE NUMBER YOU PROVIDED.**

**Program Description:** While the Program’s scope is not limited, users opting in can expect to receive messages regarding the marketing and sale of digital and physical products, services, and events.

**Cost and Frequency:** Standard message and data rates may apply. The Program involves recurring mobile messages, with additional messages sent based on your interaction with Us.

**Support Instructions:** For Program support, text “HELP” to the number that sent you messages or email us at admin@divinoskincare.com  Please note that this email address is not an acceptable opt-out method. Opt-outs must follow the procedures specified earlier.

**MMS Disclosure:** The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

**Our Disclaimer of Warranty:** The Program is provided “as-is” and may not be available in all areas or at all times, and may not continue to work if there are changes by your wireless carrier in product, software, coverage, or other factors. We are not liable for delays or failures in receiving mobile messages through this Program. The delivery of mobile messages relies on effective transmission by your wireless service provider/network operator and is beyond Our control. Your wireless carrier is not responsible for delayed or undelivered mobile messages.

**Participant Requirements:** To participate, you must have a wireless device capable of two-way messaging, be using a participating wireless carrier, and have text messaging service as part of your wireless subscription. Not all cellular providers offer the required service. Please check your phone’s capabilities for specific text messaging instructions.

**Age Restriction:** You may not use or engage with the Platform if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18) years old and use or engage with the Platform, you must have permission from your parent or legal guardian. By using or engaging with the Platform, you confirm that you are not under thirteen (13) years old, are between thirteen (13) and eighteen (18), and have parental or guardian permission or are of adult age in your jurisdiction. Additionally, you agree that your use is permitted by the Applicable Law of your jurisdiction.

**Prohibited Content:** You agree not to send prohibited content over the Platform, which includes:

1. Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activities;

2. Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

3. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

4. Any product, service, or promotion that is unlawful where it is received;

5. Content that references protected personal health information under the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

6. Any other content prohibited by Applicable Law in the jurisdiction from which the message is sent.

**Dispute Resolution:** In case of a disagreement, claim, or conflict between you and Us, or between you  or any other third-party service provider acting on behalf of Our mobile messaging program, arising from federal or state statutory claims, common law claims, this Agreement, or its breach, termination, enforcement, interpretation, or validity, including the determination of the scope or applicability of this agreement to arbitrate, such a dispute, claim, or conflict will be, as permitted by law, settled through arbitration in Miami, Florida, with one arbitrator.

The parties agree to resolve the dispute through binding arbitration using the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time. Except as stated otherwise, the arbitrator will apply the substantive laws of the Federal Judicial Circuit where the principal place of business of Divino Skincare & Wellness is located, regardless of its conflict of laws principles. Within ten (10) calendar days after the arbitration demand is served on a party, the parties must jointly select an arbitrator with at least five years of experience and expertise in the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, one party may request the AAA to appoint an arbitrator, who must meet the same experience requirements. In case of a dispute, the arbitrator will decide the enforceability and interpretation of this arbitration agreement following the Federal Arbitration Act (“FAA”). The parties also concur that the AAA’s rules governing Emergency Measures of Protection will be applied instead of seeking urgent injunctive relief from a court. The arbitrator’s decision will be final and binding, with no rights of appeal, except as provided in section 10 of the FAA. Each party will share the fees for the arbitrator and the administration of the arbitration; however, the arbitrator has the authority to order one party to pay all or a portion of these fees based on a well-reasoned decision. The parties agree that the arbitrator has the authority to award attorneys’ fees only as explicitly authorized by statute or contract. The arbitrator has no authority to award punitive damages, and both parties waive the right to seek or receive punitive damages regarding any dispute resolved through arbitration. The parties agree to arbitration on an individual basis only, and this agreement does not permit class arbitration or any claims brought as part of a class or representative arbitration proceeding. Except as required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except when necessary to protect or assert a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute is resolved in court instead of through arbitration, the parties hereby waive the right to a jury trial. This arbitration provision will remain in effect even after the cancellation or termination of your agreement to participate in any of our Programs.

**Miscellaneous:** You affirm and guarantee to Us that you possess all essential rights, authority, and power to accept these Terms and carry out your responsibilities hereunder. No aspect of this Agreement or your responsibilities will place you in violation of any other contract or obligation. The failure of either party to exercise any right provided in this Agreement will not be deemed as a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be reduced or removed to the minimum extent necessary to allow this Agreement to remain in full force, effect, and enforceable. Any new features, changes, updates, or improvements to the Program will be subject to this Agreement, unless explicitly stated otherwise in writing. We hold the right to modify this Agreement periodically. Any updates to this Agreement will be conveyed to you. You acknowledge your responsibility to review this Agreement periodically and be informed of any changes. By continuing to participate in the Program after any such changes, you accept this Agreement as modified.