Member User Agreement
You must read and agree to these Terms and Conditions before placing Your order for the 14 day Trial Offer of Slimmer
The Pure Garcinia Cambogia. By placing Your order for the 14 day Trial Offer of The Pure Garcinia Cambogia You agree to be bound by the following Terms and Conditions:
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 The Pure 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.
1. We refund all cases of fraud and unauthorized transactions included shipping and handling charges. Additional refunds are issued at the discretion of the company.
2. Customers are restricted to receiving a single refund per product ordered. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. 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.
3. We will credit one returned unopened product per customer if the received package is post marked within 30 days of the original order date and included with a RMA number obtained from customer service. No returns are credited after 30 days of the original order date. Merchandise must be returned at customer's expense accompanied by an RMA. Absolutely no returns for refunds are credited for partially used product. No refunds for any packages without an RMA. You may request a RMA and instructions on how to submit a return by calling 1-(800)753-9202 .
4. Please be aware that your refund can take up to thirty (30) days to process and appear on your credit card statement. If you have any questions about whether a refund has been issued by us, please call Our Customer Service Department.
5. Shipping and handling costs are not refundable.
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 The Pure 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 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 Customer must cancel before the end of the 14 day trial
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 The Pure Garcinia Cambogia Services shall be set forth at the respective join pages of the site. The current standard one-month membership rate is $129.990.
4.4 TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY The Pure Garcinia Cambogia AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING The Pure Garcinia Cambogia BY TELEPHONE.
4.5 TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY The Pure 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 The The Pure Garcinia Cambogia will be effective upon receipt (Phone ONLY), UNLESS in the 14 day trial period.
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.
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 The Pure 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 The Pure 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 The Pure 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 The Pure Garcinia Cambogia or its designated agent or assignee to automatically renew your membership to the Site on a continuing monthly basis for up to 6 months and to charge your credit card (or other approved facility) to pay for the ongoing cost of your membership. You hereby further authorize The Pure 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 The Pure 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 The Pure Garcinia Cambogia. You agree that you will remain liable for any unauthorized use of the The Pure Garcinia Cambogia Services, until you have notified us by calling us at 1-(800)753-9202 .
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 The Pure Garcinia Cambogia 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 The Pure Garcinia Cambogia for any unauthorized use of the The Pure Garcinia Cambogia Services associated with your membership.
The Pure Garcinia Cambogia 14 day Trial Offer Terms and Conditions:
Please take a few minutes to read the following as when You purchase the The Pure Garcinia Cambogia Trial Offer You automatically accept the following terms and conditions.
We are confident you will see the benefits of using our The Pure Garcinia Cambogia Product within our 14 day trial. You are taking the next step toward a more confident you! Upon signing up for your trial offer, your credit card provided will be charged a One-time Shipping & Handling fee of $3.95. If you contact customer service to terminate your trial enrollment within 14 day 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. All orders are shipped within two business days.
If you do not cancel within 14 day of the date that you enroll in the Program, we will charge the same card you provided at enrollment the monthly membership fee of $129.990. Then, beginning about 30 days after enrollment in membership program we will send you a fresh monthly shipment of the product and charge your card $129.990 when each supply ships. You can cancel monthly shipments and avoid further Monthly Charges at any time by contacting customer service at Monday through Friday - 9 AM to 5 PM EST.
Please note results may vary, but with continuous use of The Pure Garcinia Cambogia we are confident you will see the results you are trying to achieve. Your shipment will leave our facilities within two work days. Actual delivery time of the parcel will vary by region.
You acknowledge and agree that The Pure Garcinia Cambogia will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card. In addition, you do not hold The Pure Garcinia Cambogia responsible for any overdraft charges or fees which you might incur during the ongoing 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 The Pure 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 The Pure Garcinia Cambogia in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), The Pure 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 The Pure 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.
The Pure Garcinia Cambogia authorization to provide and bill for the The Pure 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. The Pure 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 scheduled payment for accrued fees, such overdue amounts will be subject to your Member account being deactivated, and access to the Site denied, for non-payment.
You will be shipped a full one-month supply of the product You ordered. Orders are generally shipped within 2 business days (Monday through Friday) using our standard USPS First Class shipping method. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. The Pure Garcinia Cambogia does not guarantee specific arrival dates or times. The Pure Garcinia Cambogia does not refund or credit delivery or processing charges for any shipments. Delivery time is subtracted from Your trial period, and will reduce the number of days allocated to Your trial period.
Contacting Customer Care / Billing: You may contact our customer care department by using our toll free phone number. Toll Free Customer Care phone: 1-(800)753-9202 .
Attn: The Pure Garcinia Cambogia Returns
BMKL Enterprise, LLC
2300, McDermott Drive,, Suite # 200-185, Plano, Texas 75025
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITEARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLEPURSUANT TO APPLICABLE LAW, SLIMMER 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 EVENTSHALL SLIMMER GARCINIA CAMBOGIA OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONSPROVIDERS, 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, OROTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, "CLAIMS") ARISING FROM OR RELATED TOTHIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER'S USE OF THE WEBSITE OR ANY PRODUCT. SLIMMER GARCINIA CAMBOGIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BECORRECTED, OR THAT ANY SLIMMER GARCINIA CAMBOGIA WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS; SLIMMER GARCINIA CAMBOGIAFURTHER 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 DAMAGESARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OROFFLINE. SLIMMER GARCINIA CAMBOGIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THEMATERIALS ON ANY SLIMMER GARCINIA CAMBOGIA WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUMETHE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You agree that The Pure 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 The Pure 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 The Pure 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.
REPRESENTATIONS; PRODUCT DISCLAIMERS
The Pure 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. The Pure Garcinia Cambogia endeavors to provide You with accurate information about Our Products. You understand and agree that the information The Pure 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"). The Pure Garcinia Cambogia does not warrant or represent that such information is error-free, and The Pure 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.
The Pure 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. The Pure 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.
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 The Pure Garcinia Cambogia has the right to rely upon all information provided to The Pure Garcinia Cambogia by You, and The Pure 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 The Pure 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 The Pure Garcinia Cambogia 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 The Pure 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. The Pure Garcinia Cambogia reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who The Pure 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 The Pure 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.
The Website may provide links to other World Wide Web sites or resources. The Pure Garcinia Cambogiahas 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 The Pure Garcinia Cambogia Website. The Pure 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 The Pure Garcinia Cambogia Website or third-party content on our sites. The Pure Garcinia Cambogia does not endorse any of the merchandise, nor has The Pure Garcinia Cambogia taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. The Pure 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 The Pure Garcinia Cambogia with respect to such sites and third-party content. The Pure 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 The Pure 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 wwwdomain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from The Pure Garcinia Cambogia.
The Pure 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 The Pure Garcinia Cambogia performance.
You agree to defend, indemnify, and hold harmless The Pure 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 Florida'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. The Pure 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 The Pure Garcinia Cambogia does not hear from You promptly, The Pure 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 The Pure Garcinia Cambogia, BMKL Enterprise, LLC 2300, McDermott Drive, Suite # 200-185, Plano, Texas 75025. The Pure 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
If either The Pure 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: The Pure Garcinia Cambogia, MJC Health Goods, LLC, 124 E Northfield Drive, Ste F-295, Brownsburg, IN 46112. 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 The Pure 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, The Pure Garcinia Cambogia will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from The Pure 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.
No waiver of or by The Pure 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.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this 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
The Pure 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. The Pure Garcinia Cambogia does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by The Pure Garcinia Cambogia in writing, these terms and conditions may not be amended by You.
Protecting the privacy of the very young is especially important. This Website is not intended for people under the age of 18. We never collect or maintain information at the Website from persons we know to be under age 18, and no part of our Website is designed to attract anyone under age 18. We encourage parents to talk to their children about their use of the Internet and the information they disclose to websites.
Like many websites, this Website actively collects information from its visitors both by asking you specific questions and by permitting you to communicate directly with us via e-mail and/or feedback forms. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, e-mail address, mailing address, phone number and sales delivery, billing and credit card information).
Some areas of this Website may require you to submit information in order for you to benefit from the specified features (such as newsletter subscriptions, tips/pointers, order processing) or to participate in a particular activity (such as other promotions). You will be informed at each information collection point what information is required and what information is optional.
If you provide personally identifiable information to this Website, we may combine such information with other actively collected information unless we specify otherwise at the point of collection. We may combine your personally identifiable information with passively collected information.
Remember that the information provided by this site is for general background purposes and is not intended to be used in connection with, or as a substitute for, medical diagnosis or treatment by a trained professional. You should always consult your own physician about any healthcare questions you may have, especially before trying a new medication, diet, fitness program, or approach to health care issues.
You may always opt-out of receiving communications from us. To not receive future e-mail communications from The Pure Garcinia Cambogia, please go to or contact us at 1-(800)753-9202 , Monday through Friday - 9 AM to 5 PM EST
You can be assured that personal information collected through the Website is secure and is maintained in a manner consistent with current industry standards. The importance of security for all personal information associated with our subscribers is of utmost concern to us. Your personal information is protected in several ways. Your personal information resides on a secure server that only selected The Pure Garcinia Cambogia employees and contractors have access to via password. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Moreover, where you use passwords, ID numbers, or other special access features on this Website, it is your responsibility to safeguard them.
As you navigate through a website, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.
This Website may use Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our Website, and administer and improve services to our consumers.
A "cookie" is a bit of information that a website sends to your web browser that helps the site remember information about you and your preferences.
"Session cookies" are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. This Website uses session cookies.
"Persistent cookies" are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., username), helping to determine what areas of the website visitors find most valuable, and customizing the website based on your preferences. This Website uses persistent cookies.
"Internet tags" (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the website server information such as the IP address and browser type related to the visitor's computer. This Website uses Internet tags. "Navigational data" ("log files," "server logs," and "clickstream" data) and "Internet Tags" are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. This Website uses navigational data.
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These statements have not been reviewed by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Individuals shown are paid models and not necessarily users of this product. The Pure Garcinia Cambogia should be used as a supplement to your active lifestyle.
*These statements have not been reviewed by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. The Pure Garcinia Cambogia is not affiliated in any way with CBS NEWS, USA Today, MSNBC or ABC. CBS NEWS, USA Today, MSNBC and ABC are registered trademarks of their respective owners.
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