Terms & Conditions

The Terms and Conditions (“Terms”) of Creative Concepts International, LLC d/b/a Diana D. Chen (“Company,” “Diana D. Chen,” “we,” “us,” or “our”), an Illinois limited liability company, govern your use of our services and are deemed to be incorporated into all website pages, contracts, releases, waivers, acknowledgments, invoices, and/or similar documents belonging to and entered into by the Company. In these Terms, “you,” “your,” and “yourself” refer to you personally. By using www.dianadchen.com (the “Site”) and our services, you consent to having read these terms and agree to be bound by them. Diana D. Chen’s contract and these Terms are hereinafter collectively referred to as the “Agreement.”

ANY SALE OF GOODS OR SERVICES BY COMPANY IS EXPRESSLY CONDITIONED ON YOUR ASSENT TO THESE TERMS AND CONDITIONS. Any proposal for additional or different terms or any attempt by you to vary in any degree any of these Terms in your acceptance or otherwise are hereby expressly rejected by us.

YOU ACKNOWLEDGE AND AGREE that Diana D. Chen is not a law firm or an attorney AND may not perform services performed by an attorney, and its forms or templates are not a substitute for the advice or services of an attorney. Rather, you are representing yourself in ALL legal matters. No attorney-client relationship or privilege is created with Diana D. Chen.

Price

(a) By purchasing a product on the Site, you consent to pay the purchase price listed on the Site. You also confirm that you have the right to enter into this Agreement.

(b) Prices contained on the Site are subject to change and may not always reflect the most up to date price. As such, you agree to verify the price with the Company prior to purchase by sending an email to hello@dianadchen.com. 

(c) Prices do not include sales, excise, privilege, use, value-added or other similar taxes now in effect or hereafter levied, marketing or testing. You agree to pay all such charges, including applicable sales or other taxes levied with respect to goods or services purchased through this Agreement, upon receipt of the related invoice from Diana D. Chen and in accordance with the Agreement. In the event the Agreement expressly provides that any of the foregoing charges are specifically included in the price, any charges attributable to increases in applicable rates after the date such price is quoted to you shall be added to the price of goods or services purchased. Such charges or taxes imposed on Diana D. Chen or which Diana D. Chen has a duty to collect in connection with the sale or delivery of any goods or services in accordance with the Agreement shall be paid by you and will appear as separate items on Diana D. Chen’s invoice.

Payment 

Unless otherwise agreed to in writing, the purchase price of any goods or services purchased is due before such goods or services are delivered or performed. You shall make all payments hereunder via PayPal in US dollars. You shall not withhold payment of any amounts due and payable by reason of any claim or dispute with Diana D. Chen, whether relating to Diana D. Chen’s breach, bankruptcy or otherwise. 

 

Website Disclaimer

The information provided by us on the Site is for general informational purposes only. All information on the Site is provided “AS IS.” We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. EXCEPT AS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE OR OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

Legal Disclaimer

The Site cannot and does not contain legal advice. The legal information contained on the Site is provided for general informational and educational purposes only and is not a substitute for professional advice. We cannot provide any advice, opinion, or recommendation about possible legal rights, remedies, options, defenses, or strategies. Accordingly, before taking any actions based upon such information, we encourage you to consult with a local attorney. We do not provide any kind of legal advice, and communications between you and the Company are not protected by the attorney-client privilege. Work created from this Site is not considered attorney work product. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE OR OUR MOBILE APPLICATION IS SOLELY FOR INFORMATIONAL PURPOSES AND AT YOUR OWN RISK.

Testimonials Disclaimer

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio, and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliate with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

Indemnification

You agree to indemnify and hold harmless Diana D. Chen and its agents, employees, officers, directors, successors and assigns, from and against any and all damages, liabilities, losses, expenses, costs or claims (including without limitation reasonable attorneys’ fees), to the extent that such claims and losses are directly caused by (i) your negligence or willful misconduct, or (ii) your breach of any covenants, representations or warranties set forth herein.

Force Majeure

Failure of Diana D. Chen to fulfill its obligation under the Agreement, if occasioned in whole or in part by any act of God or other act beyond the reasonable control of Diana D. Chen, including without limitation fire, explosion, flood, drought, severe weather, war, riots, civil insurrection, sabotage, accident, embargo, governmental priority, requisition, or shortage or failure of supply of materials or labor, or strikes or other labor trouble, shall be excused. Diana D. Chen shall have no obligation or liability whatsoever arising out of or in connection with any such failure.

Severability

If any term or provision of this Agreement is invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Such invalidity shall only effect such provision (or portion thereof) and the remainder of this Agreement shall remain in force and effect. Upon request of Diana D. Chen, the parties shall replace the invalid provision.

Relationship of the Parties

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Illinois, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. 

Waiver

No provision of these Terms is waived by any act or knowledge on the part of either party, except by a written instrument signed by an authorized representative of that party. The waiver by either party of any right or a party’s failure to enforce a provision of these Terms is not a continuing waiver or a waiver of any other rights or of any material breach or failure of performance of the other party.

Survival

These Terms shall survive the termination of the Agreement.

Entire Agreement; Amendment and Modification

This Agreement is the final, complete and exclusive statement of the Agreement between you and Diana D. Chen. This Agreement may be amended only by mutual written agreement by authorized officials of both parties.

Language

These Terms are drafted in the English language. Any translation is intended solely for the convenience of the parties. The English language version of these Terms shall govern the relationship of the parties with regard to the subject matter therein.