These Terms of Service ("Terms") govern your access to and use of the website located at diviorpayments.com (the "Site") and any related services provided by DIVIOR GROUP LLC ("Divior," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
You must be at least 18 years of age and have the legal authority to enter into binding agreements to use the Site and our services. By using the Site, you represent and warrant that you meet these eligibility requirements. If you are using the Site on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
Divior provides merchant processing services tailored to health and wellness businesses, including but not limited to peptide clinics, compounding pharmacies, telehealth practices, med spas, supplement companies, and related verticals. Divior operates as a specialized division within the institutional infrastructure of USAG Inc. The Site provides information about our services and allows prospective merchants to submit applications for review.
Submitting an application through the Site does not guarantee approval for a merchant account. All applications are subject to our underwriting review process, and approval is at our sole discretion. Processing terms, rates, and account features may vary based on individual merchant risk profiles and are subject to the terms of any separate merchant processing agreement.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
The Site and its entire contents, features, and functionality (including but not limited to all information, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software) are owned by DIVIOR GROUP LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The DIVIOR name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DIVIOR GROUP LLC. You must not use such marks without our prior written permission.
When you submit an application through the Site, you represent and warrant that:
We reserve the right to verify any information you provide and to request additional documentation as part of our underwriting process. Providing false or misleading information may result in the rejection of your application and, if applicable, termination of your merchant account.
For merchants operating in the peptide, supplement, or related health and wellness verticals, Divior does not underwrite or support merchants that utilize "not for human consumption" or "for research purposes only" disclaimers for products that are reasonably understood to be intended for human use. All products sold by applicants must be marketed transparently and in accordance with their actual intended use, in compliance with applicable FDA guidelines and card network rules. Applications that include or reference such disclaimers in connection with products intended for human consumption will not be approved.
Divior provides merchant processing services under the terms of a separate merchant processing agreement executed between the merchant and USAG Inc. at the time of onboarding. Agreement terms, including contract duration, rate schedules, reserve requirements, and exit or cancellation conditions, are disclosed in full during the merchant onboarding process prior to execution. Merchants are encouraged to review all agreement terms carefully before signing. Nothing on this Site constitutes a binding offer of specific processing terms, rates, or contract conditions.
The information provided on the Site is for general informational purposes only. Nothing on the Site constitutes legal, financial, tax, or regulatory advice. You should consult with qualified professionals regarding your specific business needs and compliance requirements before making any decisions based on information provided on the Site.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIVIOR GROUP LLC NOR ANY PERSON ASSOCIATED WITH DIVIOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER DIVIOR NOR ANYONE ASSOCIATED WITH DIVIOR REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DIVIOR GROUP LLC, ITS AFFILIATES (INCLUDING USAG INC.), OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA.
You agree to defend, indemnify, and hold harmless DIVIOR GROUP LLC, USAG Inc., and their respective affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Site, or any misrepresentation made by you in connection with an application or merchant account.
These Terms and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Orange County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any dispute arising out of or relating to these Terms or the Site shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered by JAMS in Orange County, California, in accordance with its then-current rules. The arbitrator's decision shall be final and binding.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
No waiver by Divior of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Divior to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the sole and entire agreement between you and DIVIOR GROUP LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
We reserve the right to revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
If you have any questions about these Terms, please contact us:
DIVIOR GROUP LLC
Attn: Jacob Havron
18575 Jamboree Road, Suite #300
Irvine, CA 92612
Email: hello@diviorpayments.com