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A pumpkin shaped fruit that grows in Southeast Asia and India, Garcinia Cambogia is a revolutionary breakthrough! Garcinia Cambogia is a tropical fruit also known as the Malabar tamarind and is becoming increasingly popular in the healthy weight supplement industry. The craze over Garcinia Cambogia is the fact that it contains a key ingredient called HCA (Hydroxycitric Acid), which is extracted from the rind of the fruit.
Garcinia Cambogia is an extremly popular product that has become notable in the United States and around the world. Many people are raving about the ingredients and the populartiy of Garcinia Cambogia. It can be found in several store shelves and stores.
Garcinia Cambogia is carefully produced in a sterile certified lab to ensure the highest level of product quality and effectiveness; our product is a step above the rest.
In the late 1960s, scientists discovered an acid in the fruit somewhat similar to the citric acid found in fruits like oranges and lemons.
That acid called hydroxycitric acid, or HCA”has ridden a rollercoaster ride of popularity over the last 20 years. It is alternately touted as helping support a healthy weight, and recently, the over-the-counter supplement's popularity has since exploded.
It's far too easy to view supplements purely from the perspective of either "I take it" or "I don't take it." With some supplements, that's precise enough to see an effect, But the lesson here is that how you take HCA matters. Look for a product with at least 50% HCA. Also, be sure to take an adequate dose. Take the supplement on an empty stomach e.g. 30-60 minutes before each meal.
Choosing a natural pill that contains HCA may truly help you reach your healthy lifestyle goals. HCA goes to work immediately and you will soon feel the benefits from your new healthy lifestyle choices.
How to choose a natural pill that works can be difficult, considering the number of products that are on the market today, however, if you know what benefits to look for, it becomes easy to find the most effective natural supplement to use.
Call Center Hours 6am-6pm PST Monday - Friday & 6am-3pm PST Saturday
Phone: 1 877-842-2329 Returns AddressPlease call customer care for an RMA number (within 30 days of purchase) before shipping returns to the address below:
3959 Van Dyke Road #1022
Lutz, FL 33558
Packages without an RMA number attached will not be accepted.
This Policy describes the information collection, use, and dissemination practices of Company, its parent, subsidiaries and registered d/b/a companies (Collectively Referred herein after as Company) and all related websites owned or registered to Company. It governs Company's right to collect, use, store and disclose information provided by You on its (a) this Website, (b) Company's other Websites, (c) on various Third Party websites, and (d) Company's other information collection and distribution practices, including the acquisition of your information from and to Third Parties. Company is not responsible for the information collection or privacy practices of third party websites or applications which company does not own or control.
By providing us with Personal Information about yourself on our Website or in the course of using our services, you consent to the transfer of your Personal Information, and any other data we acquire about you from third-party service providers for commercial use.
Information Collection, Use, and Dissemination practices.
1.0. Collection of Information.
1.1. User Direct Information. Each time you provide or transmit information via the Website, Company may obtain and collect personal information about you, including, but not limited to, your name, email address, mailing address, social security number, credit card information, bank account information and telephone or cell phone number (collectively referred to as "Personal Information").
1.2. Survey Information. Company may collect Personal Information from you when you voluntarily complete a Company survey, order form, or a registration page either online by using the internet or offline by providing this information through the mail, in person or using a telephone. This information may be collected by surveys, order forms, or registration pages operated by third parties. This method of collection is collectively known as a "Survey". In such Surveys, Company or a third party may ask you to provide Personal Information including your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time. Company may also collect such information concerning you from another source and uses that information in combination with information provided from the Website or Surveys. Completing the Surveys is completely voluntary, and you are under no obligation to provide Survey Information to Company or a third party.
1.3. Third Party Information. Company may collect Personal Information from you when you provide information to a third party and Company subsequently acquires or uses the information provided by the third party. Such information may include, but is not limited to, your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information you may have provided to the third party. When acquiring this information, Company seeks assurances from the third party that you agreed to provide and have such information acquired by Company. If you did not give express permission, or you would like to remove your permission, you may suppress all of your information by sending notification to us at firstname.lastname@example.org.
1.4. Other Methods of Collecting Personal Information. Other occasions when Company obtains information from you include: (1) when you claim a prize or seek to redeem an offer by Company or by a third party; (2) when you request assistance through Company's customer service department; and (3) when you voluntarily subscribe to a Company service or newsletter.
1.5. Cookies, Web Beacons, and Other Info Collected Using Technology. Company currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in its database. Additionally, Company may use other new and evolving sources of information in the future.
(b) Web Beacons. A web beacon is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Company to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, Company also uses web beacons in email messages sent to individuals listed in Company's database.
(c) IP Addresses. Company automatically tracks certain information based upon your behavior on the site. We may use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the site or not), which URL you next go to (whether this URL is on the site or not), your computer browser information, and your IP address. Your Internet Protocol ("IP") is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). For local area network ("LAN"), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by Web servers, collecting information about a user's traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
(e) Data Analysis. Data Analysis technology may be employed from time to time if used by a Client of Company.
(f) New Technology. The use of technology on the Internet, including cookies and web beacons, is rapidly developing. As a result, Company strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
1.6. No Information Collected from Children. Company will never knowingly collect any Personal Information about children under the age of 13. If Company obtains actual knowledge that it has collected Personal Information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, Company has no such information to use or to disclose to third parties.
1.7. Credit Card Information and Bank Account Information. Company may, in certain instances, collect credit card numbers, bank account information and related information when an individual places an order on Company's Website. When the credit card or bank account information is submitted to Company, such information is encrypted and is protected with SSL encryption software. Company will use the credit card information or bank account information for purposes of processing and completing the transaction you requested on the Website, and the credit card information or bank account information will be disclosed to third parties as necessary to complete the requested purchase transaction.
2.0. Use of Personal Information.
2.1. General Use. The following paragraphs describe how Company currently uses Personal Information, but Company may change or broaden its use at any time. As noted below, Company may update this policy from time to time. Company may use Personal Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, mobile marketing, online banner advertising, and package stuffers, among other possible uses.
2.2. Email and Unsubscribe Policy. Company uses Personal Information to provide third party promotional offers by email to individuals. Company may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Company's email lists, a person must send an email to email@example.com
Company's unsubscribe process impacts only the future delivery of electronic mailings disseminated byCompany on its own behalf. You may still receive electronic mailings sent on behalf of Third Parties and your Personal Information may still be shared with Third Parties for use in offline marketing and data appends, including email appends unless you unsubscribe as provided above.
You should also note that unsubscribing from Company's electronic mailings will not automatically unsubscribe your information from any Third Party business associates and licensees of the data. Since Third Party associates and licensee partners maintain separate databases from Company, and you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue.
2.3. Content of Email Messages. You may receive certain commercial email messages sent by third parties for products, which may be of interest to you. In such case, an Advertiser's name will appear in the "From:" and the email will have a method at the bottom of the email to unsubscribe from that Advertiser. Company is not responsible for third party emails sent to you.
2.4. Solicited Email. Company only sends email to individuals who have agreed on the Website to receive email from Company or to individuals who have agreed on a Third Party website to receive email from Third Parties. As such, Company does not send unsolicited email messages. As a result, United States statutes requiring certain formatting for unsolicited email are not applicable to Company's email messages.
2.5. Targeted Advertising. Company may use Personal Information to target advertising to an individual. When an individual is using the Internet, Company uses Technology Information to associate an individual with that person's Personal Information, and Company attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. Company may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.6. Telemarketing. Company may use Personal Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. You may have your telephone number or cell phone number listed on a state or federal do not call registry. By registering and using this Site, you are giving your express permission to the Company and their agents or vendors the right to contact you by telephone or cell phone, including the use of automated, predictive, programmable, or similar ("robodialers") dialers or dialing software. Further, if you are residing outside the United States, by registering and using this Website, you acknowledge that the processing of your Personal Information may involve the transfer of such Personal Information from within or outside the European Economic Area ("EEA") to countries within or outside the EEA whose data protection regulation may not be as stringent as that within the European Union. We may use Personal Information to provide the services you've requested, including services that display customized content and advertising.
2.7. Wireless Addresses. If the e-mail address you provide to Company is a wireless e-mail address, you agree to receive messages at such address from Company or its business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
You acknowledge and agree that the SMS Service is provided via wireless systems, which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
You may remove your information from Company's database. If you remove your information from Company's database it will no longer be used by Company for secondary purposes, disclosed to third parties, or used by Company or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to firstname.lastname@example.org or by sending "STOP", "END", "QUIT" to the SMS text message you have received.
2.9. Use of Technology Information. Company may use Technology Information (1) to match a person's Personal Information and Third Party List Information to other categories of Personal Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of Company's websites are most frequently visited. This information helps Company to better understand the online habits of individuals so that Company can target advertising and promotions to them.
2.10. Profiles of Individuals. Company may use Personal Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Personal Information such as information obtained from public databases.
2.11. Storage of Personal Information. Company stores the Personal Information in a database on its' computers. Company computers have security measures (such as a firewall and password protections) in place to protect against the loss, misuse, and alteration of the information under Company's control. Notwithstanding such measures, Company cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the Personal Information on them stolen or altered.
3.0. Other Use of Personal Information. Company may use your Personal Information in the following ways:
3.2. Third Party Offers. Company may provide your Personal Information to third parties with whom they have a business relationship for the purposes of securing the services and products you have requested or provide you with additional marketing materials from which you may choose additional products or services. Company may make your Personal Information available to companies or other entities not affiliated with the Company that have goods, services and offers that might be of interest to you so that they may send you these offers.
3.3. Marketing. Company will use your Personal Information for any marketing and survey purpose on behalf of Company and its affiliates and subsidiaries to send information to you about additional goods or services that may be of interest to you. In addition, Company will disclose your Personal Information to third party agents and independent contractors to help us conduct our marketing and survey efforts including but not limited to direct marketing. You may have no relationship with these other companies.
3.4. Co-sponsored Contests, Sweepstakes and Offerings. Company may provide a contest; sweepstake and other offering may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. If you do not wish for the information we obtain from you to be shared with our co-sponsor, then do not enter such contest, sweepstake or other offering or otherwise provide to us any Personal Information in connection with such contest, sweepstake or other offering. We are not responsible for how our co-sponsors may use your information.
3.5. Service Providers. Company may use third parties to help operate our Website and deliver products and services, and may share your Personal Information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the Personal Information we provide to them beyond what is necessary for them to assist us. When you conduct e-commerce with one of the e-commerce affiliates or service providers to which the Website may be linked, certain Personal Information such as your e-mail and home address may be collected by the service provider's server and made available to us.
3.6. Aggregate Statistics. Company may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Website and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
3.7. Complying with Legal Process. Company will use or disclose your Personal Information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with Company. Company will use and disclose your Personal Information if we believe you will harm the property or rights of Company, its owners, or those of Company 's other customers. Finally, we will use or disclose your Personal Information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Company's acceptable use policy, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
3.8. Order Fulfillment. Company will transfer your Personal Information to third parties when necessary to provide a product or service that you order from such third party while using Company's websites or when responding to offers provided by Company.
3.9. Data Summary. Company may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
4.0. Privacy Practices of Third Parties.
4.1. Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies who place advertisements on the websites and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Company does not control the use of such technology and Company has no responsibility for the use of such technology to gather information about you.
4.2. Links. The websites and email messages sometimes contain hypertext links to the websites of third parties. Company is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Company does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
4.3. Affiliations/Merger/Sale. Company further reserves the right to disclose, transfer or sell your Personal Information to companies who are affiliated with Company in Company's sole discretion. If Company changes ownership through an acquisition, merger, sale or other change of business status, it reserves the right to transfer or assign the right to use your Personal Information collected from the Website.
5.0. Foreign use of the Website. To the extent that you are accessing the Website while domiciled outside of the United States, you acknowledge that the Personal Information you are providing Company is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.
TERMS AND CONDITIONS
By placing an order through this website, you agree to the terms and
conditions set for the below. Please read through these terms carefully
before placing your order and print a copy for future reference. Please also
which is incorporated herein by reference.
Any statements on this site or any materials or supplements distributed or
sold by has not been evaluated by the Food and Drug Administration. This
product is not intended to diagnose, treat, cure or prevent any disease. If
you are pregnant, nursing, taking medication, or have a history of heart
conditions we suggest consulting with a physician before using any of our
products. The results on all products are not typical and not everyone will
experience these results.
Toll Free Customer Service phone: 1 (866) 258-3915
Auto-Ship Policy - Trial Policy:
All products shipped out of Savannah, GA. The standard ground mail service is shipped via United States Postal Service First Class Mail. Packages will arrive within 1-4 business days. Please be advised the United States Postal Service does not guarantee arrival dates or times.
If you, the buyer, are unsatisfied with the product for any reason, you do not need to return the bottle for a full refund of the purchase price, less shipping and handling. If you do wish to return your product, simply call us at 1 (866) 258-3915. You will be given a Return Merchandise Authorization (RMA) number. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department is NOT allowed to accept any packages without an RMA number, and you must pay for return shipping. Address the return package to: RETURNS, 10701 Abercorn St. Unit 61553 Savannah, GA 31420. It generally takes 3-5 business days or less to process your refund.
Garcinia Cambogia Returns Department
10701 Abercorn St., Unit #61553 Savannah, GA 31420
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by and
between ("we" or "us") and you, personally and, if applicable, on behalf of
the entity for whom you are using this web site (collectively, "you"). This
TOS governs your use of the web site ("Web Site") and the services we
offer on the Web Site ("Services"), so please read it carefully. BY
ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND
BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT
ACCESS OR USE THE WEB SITE. INTERNET TECHNOLOGY AND THE
APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE
FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE
CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF
THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED
PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Using the Web Site. (a) Eligibility. Except as expressly provided below,
Services may only be used by, and Membership is limited to, individuals
who can form legally binding contracts under applicable law. Without
limitation, minors are prohibited from becoming Members and, except as
specifically provided below, using fee-based Services. Membership is
defined by engaging in a purchase agreement with wherein you, the
consumer purchase one of the products found on the Web Site. (b)
Compliance. You must comply with all of the terms and conditions of this
TOS, the policies referred to below, and all applicable laws, regulations
and rules when you use the Web Site. (c) License and Restrictions. Subject
to the terms and conditions of this TOS, you are hereby granted a limited,
non-exclusive right to use the content and materials on the Web Site in the
normal course of your use of the Web Site. You may not use any third
party intellectual property without the express written permission of the
applicable third party, except as permitted by law. The Website will retain
ownership of its intellectual property rights and you may not obtain any
rights therein by virtue of this TOS or otherwise, except as expressly set
forth in this TOS. You will have no right to use, copy, display, perform,
create derivative works from, distribute, have distributed, transmit or
sublicense from materials or content available on the Web Site, except as
expressly set forth in this TOS. You may not attempt to reverse engineer
any of the technology used to provide the Services. (d) Prohibited Conduct.
In your use of the Web Site and the Services, you may not: (i) infringe any
patent, trademark, trade secret, copyright, right of publicity or other right of
any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or
interfere with the security or use of the Services, the Web Site or any web
sites linked to the Web Site; (iii) interfere with or damage the Web Site or
Services, including, without limitation, through the use of viruses, cancel
bots, Trojan horses, harmful code, flood pings, denial of service attacks,
packet or IP spoofing, forged routing or electronic mail address information
or similar methods or technology; (iv) attempt to use another user's
account, impersonate another person or entity, misrepresent your
affiliation with a person or entity, including (without limitation) the Website
or create or use a false identity; (v) attempt to obtain unauthorized access
to the Web Site or portions of the Web Site that are restricted from general
access; (vi) engage, directly or indirectly, in transmission of "spam," chain
letters, junk mail or any other type of unsolicited solicitation; (vii) collect,
manually or through an automatic process, information about other users
without their express consent or other information relating to the Web Site
or the Services; (viii) use any meta tags or any other "hidden text" utilizing
the Green Coffee Bean name, trademarks, or product names; (ix)
advertise, offer to sell, or sell any goods or services, except as expressly
permitted by the Website; (x) engage in any activity that interferes with any
third party's ability to use or enjoy the Web Site or Services; or (xi) assist
any third party in engaging in any activity prohibited by this TOS. (e) Other
Users. If you become aware of any conduct that violates this TOS, We
encourage you to contact Customer Service. We reserve the right, but will
have no obligation, to respond to such communications. 2. Your Content.
(a) License. By posting, storing, or transmitting any content on or to the
Website, you hereby grant us a perpetual, worldwide, non-exclusive,
royalty-free, sub-licensable, right and license to use, copy, display,
perform, create derivative works from, distribute, have distributed, transmit
and sublicense such content in any form, in all media now known or
hereinafter created, anywhere in the world. You hereby irrevocably waive
any claims based on moral rights or similar theories, if any. (b)
Objectionable Content. We do not have the ability to control the nature of
the user-generated content offered through the Web Site. You are solely
responsible for your interactions with other users of the Web Site and any
content that you post. We will not be liable for any damage or harm
resulting from any content or your interactions with other users of the Web
Site. We reserve the right, but have no obligation, to monitor interactions
between you and other users of the Web Site and take any other action to
restrict access to or the availability of any material that we or another user
of the Web Site may consider to be obscene, lewd, lascivious, filthy,
excessively violent, harassing or otherwise objectionable (including,
without limitation, because it violates this TOS).
3. Accuracy of Information.
We attempt to ensure that the information on the Web Site is complete
and accurate; however, this information may contain typographical
errors, pricing errors, and other errors or inaccuracies. We assume
no responsibility for such errors and omissions, and reserve the right
to: (i) revoke any offer stated on the Web Site; (ii) correct any errors,
inaccuracies or omissions; and (iii) make changes to prices, content,
promotions, product descriptions or specifications, or other information on
the Web Site.
4. Sales Tax.
If you purchase any products available on the Web Site ("Products"), you
will be responsible for paying any applicable sales tax indicated on the
We reserve the right, but undertake no obligation, to actively report
and prosecute actual and suspected credit card fraud. We may, in our
discretion, require further authorization from you such as a telephone
confirmation of your order and other information. We reserve the right
to cancel, delay, refuse to ship, or recall from the shipper any order if
fraud is suspected. We capture certain information during the order
process, including time, date, IP address, and other information that
will be used to locate and identify individuals committing fraud. If any
Web Site order is suspected to be fraudulent, we reserve the right, but
undertake no obligation, to submit all records, with or without a subpoena,
to all law enforcement agencies and to the credit card company for
fraud investigation. We reserve the right to cooperate with authorities to
prosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.
(a) Copyright. All materials on the Web Site, including without limitation,
the logos, design, text, graphics, other files, and the selection and
arrangement thereof are either owned by us or are the property of our
suppliers or licensors or other companies. You may not use such materials
without permission. (b) Trademarks. Garcinia Cambogia is a trade
name we own. The related design marks, and other trademarks on the
Web Site are owned by us. Page headers, custom graphics, button icons
and scripts are trademarks or trade dress we own. You may not use any of
these trademarks, trade dress, or trade names without our express written
7. Third Party Websites.
may contain links to other websites on the Internet that are owned and
operated by third parties. We do not control the information, products
or services available on these third party websites. The inclusion of any
link does not imply our endorsement of the applicable website or any
association with the website's operators. Because we have no control
over such websites and resources, you agree that we are not responsible
or liable for the availability or the operation of such external websites,
for any material located on or available from any such websites or for
the protection of your data privacy by third parties. Any dealings with,
or participation in promotions offered by, advertisers on the Website,
including the payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings or promotions, are solely between you and the applicable
advertiser or other third party. You further agree that we shall not be
responsible or liable, directly or indirectly, for any loss or damage caused
by the use of or reliance on any such material available on or through any
such site or any such dealings or promotions.
8. Linking and Framing.
You may not deep link to portions of the Web Site, or frame, inline link, or
similarly display any of our property, including, without limitation, the Web
Site. You may not use any of our logos or other trademarks as part of a
link without express written permission.
All comments, feedback, suggestions, ideas, and other submissions that
you disclose, submit or offer to us in connection with your use of the Web
Site will become our exclusive property. Such disclosure, submission
or offer of any Comments shall constitute an assignment to us of all
worldwide right, title and interest in all patent, copyright, trademark,
and all other intellectual property and other rights whatsoever in and to
the Comments and a waiver of any claim based on moral rights, unfair
competition, breach of implied contract, breach of confidentiality, and any
other legal theory. You will, at our cost, execute any documents to affect,
record, or perfect such assignment. Thus, we will own exclusively all
such right, title and interest and shall not be limited in any way in the use,
commercial or otherwise, of any Comments. You should not submit any
Comments to us if you do not wish to assign such rights to us. We are and
will be under no obligation: (i) to maintain any Comments in confidence;
(ii) to pay to you or any third party any compensation for any Comments;
or (iii) to respond to any Comments. You are and shall remain solely
responsible for the content of any Comments you make.
You agree to defend, indemnify and hold the Web Site, and its
subsidiaries, affiliates, and their directors, officers, agents, members,
shareholders, co-branders or other partners, employees, and Ad
Partners harmless from any liabilities, losses, actions, damages, claims
or demands, including reasonable attorneys' fees, costs and expenses,
made by any third party directly or indirectly relating to or arising out of
(a) content you provide to the Web Site or otherwise transmit or obtain
through the Service, (b) your use of the Service, (c) your connection to the
Service, (d) your violation of this Agreement, (e) your violation of any rights
of another or (f) your failure to perform your obligations hereunder. If you
are obligated to provide indemnification pursuant to this provision, we may,
in our sole and absolute discretion, control the disposition of any Claim
at your sole cost and expense. Without limitation of the foregoing, you
may not settle, compromise, or in any other manner dispose of any Claim
without our consent.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE, THE
PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE
PRODUCTS, THE WEB SITE, THE SERVICES, ITS USE, ANY
INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II)
WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL
MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE
CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU
USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE
EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT. (b) DISCLAIMER OF
FORWARD-LOOKING STATEMENTS. THIS WEB SITE MAY CONTAIN
FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT
EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS
DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE
RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR
RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED
AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE
OUTSIDE OUR CONTROL. (c) HEALTH RELATED INFORMATION. WE
PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL
PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE
ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL.
YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR
THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A
MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL
PRODUCT INSTRUCTIONS PRIOR TO USE. (d) PRODUCTS. ALL
PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES
OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND
SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR,
PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION (e) EXCLUSION OF DAMAGES. WE WILL NOT
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING
TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING
OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE
WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF
ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OCCURRING. (f) LIMITATION OF
LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING
FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS
(INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB
SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE
AMOUNT THAT YOU PAID FOR THE PRODUCTS.
12. Force Majeure.
You acknowledge and understand that if the Web Site is unable to provide
the Products as a result of a force majeure event the Website will not be in
breach of any of its obligations towards You under these Terms of Service.
A force majeure event means any event beyond the control of the Website.
THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR
ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS
OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT
SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
13. Domestic Use; Export Restriction.
We control the Web Site from our offices within the United States of
America. We make no representation that the Web Site or its content
(including, without limitation, any products or services available on
or through the Web Site) are appropriate or available for use in other
locations. Users who access the Web Site from outside the United States
of America do so on their own initiative and must bear all responsibility for
compliance with local laws, if applicable. Further, the United States export
control laws prohibit the export of certain technical data and software to
certain territories. No content from the Web Site may be downloaded in
violation of United States law.
All disputes arising out of or relating to this TOS (including its formation,
performance or alleged breach) or your use of the Web Site will be
exclusively resolved under confidential binding arbitration held in Las Vegas,
NV before and in accordance with the Rules of the American Arbitration
Association. The arbitrator's award will be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this TOS will be joined
to an arbitration involving any other party subject to this TOS, whether
through class arbitration proceedings or otherwise. Notwithstanding the
foregoing, we will have the right to seek injunctive or other equitable relief
in state or federal court located in Clark County, Nevada to enforce
this TOS or prevent an infringement of a third party's rights. In the event
equitable relief is sought, each party hereby irrevocably submits to the
personal jurisdiction of such court.
15. Waiver of Class Action Rights.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY
WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE
OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING
TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED
16. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, relating
to, or connected with your use of the Web Site, must be filed within one
calendar year after such claim or cause of action arises, or forever be
17. Modification of Terms of Service.
and your continued use of this site will be conditioned upon the Terms
of Use in force at the time of your use. You can always check the most
We will have the right to terminate your access to the Web Site if we
reasonably believe you have breached any of the terms and conditions
of this TOS. Following termination, you will not be permitted to use the
Web Site and we may, in our discretion, cancel any outstanding Product
Orders. If your access to the Web Site is terminated, we reserve the right
to exercise whatever means we deem necessary to prevent unauthorized
access to the Web Site, including, but not limited to, technological barriers,
IP mapping, and direct contact with your Internet Service Provider. This
TOS will survive indefinitely unless and until we choose to terminate it,
regardless of whether any account you open is terminated by you or us or
ifyou have the right to access or use the Web Site.
19. Left Intentionally Blank
20. This TOS contains the entire understanding between you and us regarding
the use of the Web Site, and supersedes all prior and contemporaneous
agreements and understandings between you and us relating thereto.
21. Additional Terms.
This TOS will be binding upon each party hereto and its successors and
permitted assigns, and governed by and construed in accordance with the
laws of the State of Nevada without regard for conflict of law principles.
This TOS and all of your rights and obligations under them may not be
assignable or transferable by you without our prior written consent. No
failure or delay by a party in exercising any right, power or privilege under
this TOS will operate as a waiver thereof, nor will any single or partial
exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege
under this TOS. You are an independent contractor, and no agency,
partnership, joint venture, or employee-employer relationship is intended or
created by this TOS. The invalidity or unenforceability of any provision of
this TOS will not affect the validity or enforceability of any other provision
of this TOS, all of which will remain in full force and effect.
You hereby represent and warrant that:
(1) You are age eighteen (18) or older.
(2) You have read this Agreement and thoroughly understand the terms contained.
Toll Free Customer Service phone: 1 (866) 258-3915