You must read and agree to these Terms and Conditions before placing Your order for the 14 day trial + 3 day
shipping period (a total of 17 days) program of Quick Trim Garcinia. By placing Your order for the 14 day trial
+ 3 day shipping period (a total of 17 days) program of Quick Trim Garcinia 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 Quick Trim Garcinia, 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 Quick Trim Garcinia 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 Quick Trim Garcinia 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 Quick Trim Garcinia 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. Call 1-844-872-9827 to obtain a refund. 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. In order to process your refund, you must supply us with your name and delivery address. If you provide us with insufficient or incorrect information your refund will be delayed.
4. Once a refund has been approved please allow for up to 10 days for the refund to be applied.
5. Depending on the bank that issues the credit card, your refund can take up to ten (10) days to 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.
6. Shipping and handling costs are not refundable.
7.Please do not return any product to us without first obtaining an RMA number from customer service. You can obtain an RMA number by contacting customer support at 1-844-872-9827. After the fulfillment center has received the package with a valid RMA number, and the order is processed a refund will be issued (long as the product unopened).
8. PLEASE NOTE THAT ANY PACKAGES MARKED "REFUSED", "CANCEL" OR "RETURN TO SENDER" WITHOUT THE RMA NUMBER WILL NOT BE PROCESSED AS A REFUND NOR WILL IT CANCEL THE AUTO SHIP PROGRAM. NOTE THAT PRODUCTS/PACKAGES WITHOUT AN RMA NUMBER WILL BE DESTROYED AND CREDIT WILL NOT BE OFFERED.
9. Did Not Receive / Lost Package: All products are expected to be received within 3-4 business days after it ships. If you do not receive the product after 5 business days of ordering you must contact customer support at 1-844-872-9827 and request the trial be extended and that the product be reshipped before the 14 day trial has elapsed. All orders are shipped with delivery confirmation, if the order is shown as delivered we are to believe it has been delivered unless you call to state otherwise before the 14 day trial has elapsed. There will be no refunds for product claimed to be undelivered if we are not notified before the 14 day trial has elapsed and the package is shown as delivered with delivery confirmation. There may be times when shipments are delayed a few extra days.
10. Opened (used) or damaged products are non-refundable.
11. If you cancel during the 14 day trial period you are required to send back (shipping fee must be covered by the customer) the remainder of the Quick Trim Garcinia to avoid further charges (Unless the product is purchased upon cancellation).
12. There is a $19 processing and restocking fee per unit you are returning (applies to all unopened products that are returned after the trial period has ended).
13. all sales after the end of the trial period are final, unless the product has not been opened/used! you understand that this consumer transaction involves a negative option and that you will be liable for payment of product that was shipped to you, and future shipments of product, if you fail to notify us to stop supplying the product to you.
14. You must cancel within the 30 day refund policy (30 days from the order/rebill date) to be able to return the product for a refund (product must be unused/unopened).
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 Quick Trim Garcinia Services you authorize the
charges set forth below and agree to the following terms and conditions:
Quick Trim Garcinia 14 day trial + 3 day shipping period (a total of 17 days) program Terms and Conditions:
Please take a few minutes to read the following as when You purchase the Quick Trim Garcinia Trial Offer You
automatically accept the following terms and conditions.
We are confident you will see the
benefits of using our Quick Trim Garcinia Product within our 14 day trial + 3 day shipping period (a total of
17 days) program. 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 $6.91. If you
contact customer service to terminate your trial enrollment within 14 day trial + 3 day shipping period (a
total of 17 days) program 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 2-3 business days.
If you do not cancel
within 14 day trial + 3 day shipping period (a total of 17 days) program of the date that you enroll in the
Program, we will charge the same card you provided at enrollment the monthly membership fee of $89.74. Then,
beginning about 30 days after your trial has ended, we will send you a fresh monthly shipment of
the product and charge your card $89.74 when each supply ships. You can cancel monthly shipments and avoid
further Monthly Charges at any time by contacting customer service at
M thorugh F from 8am to 8pm
PST.
Please note results may vary, but with continuous use of Quick Trim Garcinia 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. Customer should expect the product to arrive
between 2-4 business days. Some areas may take longer due to the frequency of deliveries to the delivery zip
code. Our system calculates this estimated date considering the total amount of time to process your order
including: packaging, transit time to the delivery provider, and transit time to the delivery address. When
placing your order, we consider these factors when calculating the Estimated Delivery Date : Order
Processing and Transit Time. When the delivery provider receives your order and is ready to schedule a
delivery date, they will attempt to contact you at the telephone number that you provided in your order. At
that time, they will let you know what days of the week they are able to deliver to your area. The delivery
company will make every effort to deliver within the time window provided.
If you have any questions regarding this, feel free to contact us at 1-844-872-9827 for more informatoin.
You acknowledge and agree that Quick Trim Garcinia 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 Quick Trim Garcinia
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 Quick Trim Garcinia
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 Quick Trim Garcinia in effect
at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Quick Trim Garcinia
reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued
use of the Site and/or receipt of the Quick Trim Garcinia 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. Quick Trim Garcinia authorization to provide and bill for the Quick Trim Garcinia 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. Quick Trim Garcinia 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
2-3 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. Quick Trim Garcinia does not
guarantee specific arrival dates or times. Quick Trim Garcinia 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: 1-844-872-9827 .
Return Address:
Fulfillment Center
QuickTrim Diet Labs
3201 W Hillsborough Ave
#153201 – 1225
Tampa, FL 33684 -9998
Negative Option Clause: I UNDERSTAND 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 $89.74 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
WEBSITEARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLEPURSUANT TO APPLICABLE LAW, Quick Trim Garcinia 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 Quick Trim Garcinia 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. Quick Trim Garcinia ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE
CONTENT OF THE WEBSITE, THAT DEFECTS WILL BECORRECTED, OR THAT ANY Quick Trim Garcinia WEBSITE OR THE SERVERS
THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS; Quick Trim Garcinia 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 DAMAGESARISING FROM THE USE OF THE CONTENT
PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OROFFLINE. Quick Trim Garcinia
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THEMATERIALS ON
ANY Quick Trim Garcinia WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
ASSUMETHE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You agree that Quick Trim Garcinia’
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 Quick Trim Garcinia 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 Quick Trim Garcinia 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 Quick Trim Garcinia is committed to improving the well-being of our
customers. 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.
Quick Trim Garcinia endeavors to provide You with accurate information about Our Products. You understand and
agree that the informationQuick Trim Garcinia 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”). Quick Trim Garcinia does not warrant or represent that such information
is error-free, and Quick Trim Garcinia 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.
Quick Trim Garcinia
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. Quick Trim Garcinia 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 Quick Trim Garcinia has the right to rely
upon all information provided to Quick Trim Garcinia by You, and Quick Trim Garcinia 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, Quick Trim Garcinias, 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 Quick Trim Garcinia
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 withou tQuick Trim Garcinia
’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 Quick Trim Garcinia, 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. Quick Trim Garcinia
reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Quick Trim Garcinia
believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is
abusing the Products or the services Quick Trim Garcinia 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. Quick Trim Garcinia 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 Quick Trim Garcinia Website. Quick Trim Garcinia 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 Quick Trim Garcinia Website or
third-party content on our sites. Quick Trim Garcinia does not endorse any of the merchandise, nor has Quick Trim Garcinia
taken any steps to confirm the accuracy or reliability of any of the information contained in such
third-party sites or content. Quick Trim Garcinia 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 Quick Trim Garcinia
with respect to such sites and third-party content. Quick Trim Garcinia 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 Quick Trim Garcinia 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.quicktrimgarcinia.com.
Deep linking to internal pages of this Website is expressly prohibited without prior written consent from
Quick Trim Garcinia.
THIRD-PARTY SITES
Garcinia Cambodia Slim is not
responsible for the availability of these external Sites nor does it endorse or is it responsible for the
contents, advertising, products or other materials made available on or through such external Sites. Under
no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage
caused, or alleged to have been caused, to a user in connection with the use of or reliance on any content,
goods or services available on such external Sites. Garcinia Cambodia Slim is not affiliated in any way with
any TV station, TV personalities or Magazines. You should direct any concerns to such external site's
administrator or webmaster.
FORCE MAJEURE
Quick Trim Garcinia 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 Quick Trim Garcinia’s performance.
INDEMNITY
You agree to defend, indemnify, and hold harmless Quick Trim Garcinia,
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 Nevada’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.
Quick Trim Garcinia 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 Quick Trim Garcinia does not hear from You promptly,
Quick Trim Garcinia 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 Quick Trim Garcinia, CJL Constraction Services LLC , 7251 West Lake Mead Blvd Suite 300, Las Vegas NV 89128.
Quick Trim Garcinia 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 Quick Trim Garcinia brings against You.
If either Quick Trim Garcinia 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: GQuick Trim Garcinia,
Direct Supplement Wholesale, 3201 W Hillsborough Ave, #153201 – 1160, Tampa, FL 33684 -9998. 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 Quick Trim Garcinia (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, Quick Trim Garcinia will cover any
arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Quick Trim Garcinia;
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 Quick Trim Garcinia shall be governed exclusively by the laws of State of
Nevada, 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 Quick Trim Garcinia 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
Quick Trim Garcinia 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. Quick Trim Garcinia does not and will not assume any obligation to provide You with notice of
any change to this document. Unless accepted by Quick Trim Garcinia in writing, these terms and conditions may
not be amended by You.