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Terms & Conditions OFFER TERMS: Please allow 5-7 days for delivery (Limit one per household). 14-DAY TRIAL OFFER:You can choose to purchase the 14-day Trial Offer– by selecting this option; will pay $4.95 for a 30-day supply. At the end of your 14-day trial; if you do not want to continue taking Optimal Garcinia Cambogia, you must cancel within 14 days of the original purchase date or you will be charged for the value of the 30-day product in your possession for $79.95. Cancel anytime by calling 888-410-6505. MONTHLY DELIVERY: – by choosing the 30-day supply with auto ship, you are requesting enrollment in the Optimal Garcinia Cambogia monthly delivery program. You will be billed $79.95 SH today and every 30 days thereafter for the monthly membership price of only $79.95. Contact Details Contact customer service at 888-410-6505 Monday through Friday 8:00 am - 10:00 pm CST. Member User Agreement You must read and agree to these Terms and Conditions before placing Your order for the 14 day Trial Offer of Optimal Garcinia Cambogia. By placing Your order for the 14 day Trial Offer of Optimal Garcinia Cambogia You agree to be bound by the following Terms and Conditions: ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“I”, “You”, “Your” or “Customer”), and Optimal Garcinia Cambogia, the owner and administrator of this Website and all content and functionality contained herein (“Our”, “Us”, or “Company”) (collectively, the “Parties” or “We”). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms”, “Terms of Use” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”). ACCEPTANCE OF TERMS OF USE: By using, visiting, or browsing the Website, as well as placing an order with Optimal Garcinia Cambogia through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein. These Terms of Use constitute the entire agreement between Optimal Garcinia Cambogia and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “I Agree”; “Rush My Order”; “Submit” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records. You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. Product Disclaimer: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Optimal Garcinia Cambogia is not intended or to be used to treat any type of medical condition. WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications. Optimal Garcinia Cambogia 14 day Trial Offer Terms and Conditions: Please take a few minutes to read the following, as by concluding your purchase of the Optimal Garcinia Cambogia Trial Offer you automatically accept the following terms and conditions. We are confident you will see the benefits of using our Optimal Garcinia Cambogia Product within our 14 day trial. You are taking the next step toward a more fit & healthy you! Upon signing up for your trial offer, the credit card you provide will be charged a One-time processing fee of $4.95 and you will be shipped a 30 day supply of Optimal Garcinia Cambogia. Having a 30 day supply on-hand will ensure that you are able to remain on the program continuously without interruption during this critical period in your diet. If you feel Optimal Garcinia Cambogia is not for you, call us to cancel within 14 days from the order date to avoid the membership fee of $79.95 and enrollment in the auto-shipment program which charges you for a 1 month supply every 30 days starting 30 days after your 14 day trial period ends, at the low price of $79.95 per month. Your trial shipment includes the first 30 days worth of Optimal Garcinia Cambogia, so that you can continue on the program without any disruption. You will start receiving a fresh supply on a monthly basis starting 45 days after your 14 day trial period ends. If you contact customer service to terminate your trial enrollment within 14 days of the date that you enroll in the Program, you will not receive any additional product and you will not be charged anything else. Your enrollment date is the date that you submit your order for the trial product. Orders are shipped within 24 hours Mon.- Fri. excluding weekends and holidays in which case your order will be shipped the morning of the next business day. Actual delivery time of your order will vary by region. You can cancel your membership in our auto-shipment program and avoid further Monthly Charges at any time by contacting customer service at 888-410-6505 Monday through Friday 8:00 am - 10:00 pm CST. Please note results may vary, but with continuous use of Optimal Garcinia Cambogia in conjunction with exercise. By proceeding with your purchase, you acknowledge and agree that Optimal Garcinia Cambogia will not obtain additional authorization from you for each future installment of the $79.95 auto-ship program that will be charged to the credit card you provided initially. In addition, you do not hold Optimal Garcinia Cambogia responsible for any overdraft charges or fees which you might incur during the ongoing auto-ship program Membership. All fees are payable in United States currency. For so long as your Membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the Optimal Garcinia Cambogia Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Optimal Garcinia Cambogia in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Optimal Garcinia Cambogia reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or receipt of the Optimal Garcinia Cambogia Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Optimal Garcinia Cambogia authorization to provide and bill for the Optimal Garcinia Cambogia Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Optimal Garcinia Cambogia' reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any auto-ship program payments, such overdue amounts will be subject to your account being deactivated, in which case no further product will be shipped to you and access to the Membership site will be denied, for non-payment. Shipping Terms CANCELLATION POLICY During times when trial memberships are offered, you agree to accept the trial membership to the Site, which gives you a 30-day supply of our product, and by accessing the Optimal Garcinia Cambogia Services you authorize the charges set forth below and agree to the following terms and conditions: 4.1 Your trial membership will entitle you full access of the site, a 30 day supply of our product, for 14 (fourteen) days starting on the day you submit your trial membership application to the Site. Shipping may take anywhere from 1-4 business days, and we ship via USPS. 4.2 You agree that if you do not send us notice of cancellation of your trial membership at least ONE DAY from the expiration of your trial membership term, we shall automatically and without further notice: Convert your trial membership to a standard RECURRING MONTHLY SUBSCRIPTION to Optimal Garcinia Cambogia Services, our auto-shipment program, at the standard one month membership rate; Renew your monthly membership to the Optimal Garcinia Cambogia Services for successive periods of one month each at the then current standard one-month membership rate, which on our auto-shipment program will have a new 30-day supply sent to you every month. 4.3 Subscription and Membership fees to the Site are subject to change at any time at the sole and absolute discretion of Company. The official standard one-month membership rates for the Optimal Garcinia Cambogia Services shall be set forth at the respective join pages of the site. The current standard one-month membership rate is [price]. 4.4 TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY OPTIMAL GARCINIA CAMBOGIA AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING OPTIMAL GARCINIA CAMBOGIA BY TELEPHONE. 4.5 TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY Optimal Garcinia Cambogia OF YOUR CANCELLATION BY TELEPHONE AT LEAST 7 (SEVEN) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM. 4.6 All cancellations received by Optimal Garcinia Cambogia will be effective upon receipt (Phone ONLY), UNLESS in the 14 day trial period. IF in the 14 day trial period, customer must send back the unused portion of Optimal Garcinia Cambogia, and Optimal Garcinia Cambogia must receive it within 30 days to complete cancellation, and avoid being charged the standard monthly membership fee. If the customer rather cancel their account WITHOUT sending back the unused portion, they can keep it for a one-time charge of $29.95 and have their subscription cancelled. If customer does not cancel membership within 14 days, and their credit card declines the [price] transaction, their account will be canceled and billed the discounted price of $29.95 to keep the bottle and cancel. 4.7 You hereby acknowledge and agree that if you cancel your monthly membership, or if your membership is cancelled by us, your User ID will be removed from the system at the end of the then current monthly membership period and that you will be entitled to receive the full benefits of your monthly membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if you cancel your monthly membership before the end of the then current monthly membership period. You agree that if you cancel at any time after purchasing a monthly membership to the Site (e.g., 20 minutes after you sign up), you will still be charged the full months membership fee. 4.8 We may, at any time and at our sole discretion, cancel any paid trial membership or monthly membership; provided, however, that if we cancel any paid trial membership prior to its expiration, we shall provide a pro-rata refund for the unexpired period of the cancelled months membership by automatic credit. 4.9 You hereby authorize Optimal Garcinia Cambogia to charge your credit card (which you hereby acknowledge was entered by you into the sign-up page) to pay for your trial membership fee and all monthly membership fees to the Site / our auto-shipment program at the then current standard monthly membership rate. You further authorize us to charge your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, the Site. You agree to be personally liable for all charges incurred by you during or through the use of the Optimal Garcinia Cambogia Services. Your liability for such charges shall continue after termination of your membership. 4.10 Payment for the services provided to you at, and/or through the Site may be made by automatic credit card debit and you hereby authorize Optimal Garcinia Cambogia and its agents to transact such payments on your behalf. 4.11 Unless and until you notify us that you wish to cancel or terminated your membership to the Site, you hereby agree and authorize Optimal Garcinia Cambogia or its designated agent or assignee to automatically renew your membership to the Site on a continuing monthly basis and to charge your credit card (or other approved facility) to pay for the ongoing cost of your membership. You hereby further authorize Optimal Garcinia Cambogia or its designated agent or assignee to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to you by or though the Site. 4.12 You further agree that as a Member, you must promptly inform us of any and all the following: loss or theft of the credit card used to pay for membership to the Site or other Optimal Garcinia Cambogia Services; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your membership, such as loss, theft, unauthorized disclosure or use of a User ID; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due to Optimal Garcinia Cambogia. You agree that you will remain liable for any unauthorized use of the Optimal Garcinia Cambogia Services, until you have notified us by calling us at 888-410-6505. 4.13 You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the Site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to the Site remains outstanding at the time of such fraudulent reporting, you shall be liable to [Product Name] for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. 4.14 You further acknowledge and agree that you will remain liable to Optimal Garcinia Cambogia for any unauthorized use of the Optimal Garcinia Cambogia Services associated with your membership. Contacting Customer Service: You may contact our customer care department at 888-410-6505 Monday through Friday 8:00 am - 10:00 pm CST. IMPORTANT... 1) Please do not return any product to us without first obtaining an RMA number from customer service. Please note that any packages marked "refused" or "Return to sender" will not be processed as a refund. You must obtain an RMA number first. 2) If you do not receive your shipment within 5 working days from the date you placed your order, please contact us immediately so we can address the situation appropriately. Return Address: Optimal Garcinia Cambogia Returns 3843 S. Bristol Street #291 Santa Ana, CA 92704 Refund Policy 1. We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company. 2. We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company. 3. In instances where a refund is warranted and agreed to by the company, customers are restricted to receiving a single refund per product ordered. Multiple refunds for purchases processed in multiple months are not permitted - i.e. We will only consider refunding the most recent months transaction and never multiple past months. 4. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith. 5. In order to request a refund, you must contact Our Customer Service Department at 888-410-6505. If a refund is warranted, you will be provided with an RMA number and instructions on how to proceed. 6. Once an RMA notice has been issued to you, you will automatically receive an RMA email confirmation and authorization. 7. In order for your refund to be processed, you must include your RMA number written on the outside of your shipment in large and legible print. 8. We must receive the remaining product back to our fulfillment facility in good condition, and once it is received and the RMA number logged into our systems, a refund will automatically be processed and you will receive an email confirmation that your refund has been processed. Please note that depending on the bank that issued the credit card, a refund can take up to thirty (30) days to appear on your credit card statement. 9. Shipping and handling costs are not refundable. 10. A $9.95 restocking fee is applicable for every returned order excepting your initial trial order. 11. You are responsible for any costs incurred to package and safely return the product to our fulfillment facility. NEGATIVE OPTION CLAUSE BY PROCEEDING WITH THIS PURCHASE, I UNDERSTAND AND AGREE THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR $79.95 PER MONTH IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPTIMAL GARCINIA CAMBOGIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL OPTIMAL GARCINIA CAMBOGIA OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. OPTIMAL GARCINIA CAMBOGIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OPTIMAL GARCINIA CAMBOGIA WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OPTIMAL GARCINIA CAMBOGIA FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. OPTIMAL GARCINIA CAMBOGIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY OPTIMAL GARCINIA CAMBOGIA WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You agree that Optimal Garcinia Cambogia' entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Optimal Garcinia Cambogia in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Optimal Garcinia Cambogia was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You. CONSENT TO RECEIVE EMAILS FROM US If you sign up via any of our opt-in forms, or make a purchase from any of our websites... we will send you emails anywhere from once to three times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our weight loss snewsletter and informational emails that we send out regularly. Typically in our emails you will find relevant information that is related to a purchase you made with us, or the newest tips, tricks, and information related to weight loss. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you. REPRESENTATIONS; PRODUCT DISCLAIMERS Optimal Garcinia Cambogia is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. Optimal Garcinia Cambogia endeavors to provide You with accurate information about Our Products. You understand and agree that the information Optimal Garcinia Cambogia conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). Optimal Garcinia Cambogia does not warrant or represent that such information is error-free, and Optimal Garcinia Cambogia does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Optimal Garcinia Cambogia does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen. By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Optimal Garcinia Cambogia makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. YOUR REPRESENTATIONS You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Optimal Garcinia Cambogia has the right to rely upon all information provided to Optimal Garcinia Cambogia by You, and Optimal Garcinia Cambogia may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website. INTELLECTUAL PROPERTY The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Optimal Garcinia Cambogia or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Optimal Garcinia Cambogia’s prior written permission. WEBSITE USER CONDUCT AND RESTRICTIONS You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: - Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; - Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; - Use the Website for any unlawful purpose; - Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); - Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; - Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; - Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; - Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; - Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Optimal Garcinia Cambogia, You may not: - Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); - Create derivative works based on the Website or any of the Intellectual Property; - Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; - Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property; - Use any meta-tags or any other “hidden text” using the Website’s name or marks; - “Deep-link” to any page of the Website; - Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website); - Use any data mining, bots, or similar data gathering and extraction tools on the Website; - Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, - Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. TERMINATION OF AGREEMENT This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Optimal Garcinia Cambogia reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Optimal Garcinia Cambogia believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Optimal Garcinia Cambogia provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information. LINKS The Website may provide links to other World Wide Web sites or resources. Optimal Garcinia Cambogia has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Optimal Garcinia Cambogia Website. Optimal Garcinia Cambogia cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Optimal Garcinia Cambogia Website or third-party content on our sites. Optimal Garcinia Cambogia does not endorse any of the merchandise, nor has Optimal Garcinia Cambogia taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Optimal Garcinia Cambogia does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Optimal Garcinia Cambogia with respect to such sites and third-party content. Optimal Garcinia Cambogia strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Optimal Garcinia Cambogia nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.domain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Optimal Garcinia Cambogia. FORCE MAJEURE Optimal Garcinia Cambogia shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Optimal Garcinia Cambogia’s performance. INDEMNITY You agree to defend, indemnify, and hold harmless Optimal Garcinia Cambogia, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Texas’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Optimal Garcinia Cambogia shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Optimal Garcinia Cambogia does not hear from You promptly, Optimal Garcinia Cambogia reserves the right to defend such claim or suit and seek full recompense from You. DISPUTE RESOLUTION BY BINDING ARBITRATION We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact Us with disputes by writing to Us at Optimal Garcinia Cambogia, 726 Route 202 S, Suite:320-123, Bridgewater, NJ 08807. Optimal Garcinia Cambogia will contact You by letter to Your billing address You provided Us. Instead Of Suing In Court, We Each Agree To Arbitrate Disputes We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows: “Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Optimal Garcinia Cambogia brings against You.
If either Optimal Garcinia Cambogia or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: Optimal Garcinia Cambogia, 726 Route 202 S, Suite:320-123, Bridgewater, NJ 08807. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com. Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and Optimal Garcinia Cambogia (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Optimal Garcinia Cambogia will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Optimal Garcinia Cambogia; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THATIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHERPROCEEDING GOVERNING LAW You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Optimal Garcinia Cambogia shall be governed exclusively by the laws of the State of Texas, excluding its conflict of law provisions. SEVERABILITY If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect. NO WAIVER No waiver of or by Optimal Garcinia Cambogia shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement. HEADINGS All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. COMPLETE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. MODIFICATIONS OF AGREEMENT Optimal Garcinia Cambogia reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Optimal Garcinia Cambogia does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Optimal Garcinia Cambogia in writing, these terms and conditions may not be amended by You.