TERMS & CONDITIONS

Last Updated: December 8, 2015

Contact Details

Contact customer service for any reason at 1-855-865-5093 anytime, 24 hours a day, 7 days a week.

Warning: If you are pregnant, nursing, taking medication, or have any medical condition, please consult with a physician before using any of our products.

User Agreement

You must read and agree to these Terms and Conditions before placing Your order for the 14 day Trial Offer of Garcinia Cambogia. By placing Your order for the 14 day Trial Offer of Garcinia Cambogia, You agree to be bound by the following Terms and Conditions:

ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("You", "Your" or "Customer"), and GreatShapeLiving, the vendor of Garcinia Cambogia, and 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 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 GreatShapeLiving through the Website or customer service center, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Policy. 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 GreatShapeLiving 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 top of this page appears a "Last Updated" date. A changed "last updated" 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: The statements regarding these products have not been evaluated by the Food and Drug Administration (“FDA”). This product is not intended to diagnose, treat, cure or prevent any disease.

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. You should not use this information to diagnose or treat any health problems or illnesses without consulting your doctor. You also understand that Garcinia Cambogia is not intended or to be used to treat any type of medical condition.

Garcinia Cambogia 14 day Trial Offer Terms and Conditions:


Upon signing up for your trial offer, the credit card you provide will be charged a One-time Shipping & Handling fee of $4.95 and you will be shipped a 1 month supply of Garcinia Cambogia. If you contact customer service to terminate your trial enrollment within 18 days of the date that you enroll in the Program, you will not receive any additional product and you will not be charged anything else.


If you feel Garcinia Cambogia is not for you, call us to cancel within 18 days from the order date to avoid the fee of $89.95 and enrollment in the auto-shipment and auto-billing program, which charges you for a 1 month supply every monthly anniversary starting 30 days after you submit your initial 14 day trial order, at the low price of $89.95 per month plus shipping of $4.95. You will start receiving additional fresh supply starting approximately one month after you place your initial 14 day trial order.


Summary of charges/cancellation timing


Timing of Cancellation Cost
Cancelling within 18 days of trial order
• S/H $4.95
Not cancelling within 18 days
• S/H $4.95
• Charge of $89.95 after 18th day for keeping trial order and not cancelling
• Charge of $89.95 on 31st day after initial order plus $4.95 for shipping
• Charge of $89.95 plus $4.95 shipping every monthly anniversary thereafter and receive new monthly shipments

Can cancel automatic shipments and billing at anytime.

Upon confirming your order you will be shipped one trial bottle of Garcinia Cambogia. You can cancel our auto-shipment program and avoid further monthly charges at any time by contacting customer service at 1-855-865-5093 24 hours a day, 7 days a week. Your enrollment date is the date that you submit your order for the trial product. Orders are shipped using standard USPS First Class shipping within two business days. GreatShapeLiving does not guarantee specific arrival dates or times. GreatShapeLiving does not refund delivery or handling charges for any shipments. PLEASE NOTE: GreatShapeLiving allows 4 additional days from the date of purchase for delivery time before starting the 14 day trial period. This is not a guarantee of delivery within 4 days, and delivery may take longer. If delivery does take longer than 4 days, it will reduce the number of days allocated to Your trial period.

PLEASE CONTACT CUSTOMER CARE AT 1-855-865-5093 FOR SHIPMENTS NOT RECEIVED WITHIN 15 DAYS. REFUNDS WILL NOT BE ISSUED FOR SHIPMENTS CLAIMED AS UNDELIVERED IF NOT REPORTED WITHIN 15 DAYS. When an incorrect or invalid shipping address is provided at time of order, and Safe Secure Ship has not been purchased, the reshipment will be subject to the retail shipping and handling charge of $4.95(USD).

By proceeding with your purchase, you acknowledge and agree that GreatShapeLiving will not obtain additional authorization from you for each future installment of the $89.95 auto-ship program that will be charged to the credit card you provided initially. You agree that as part of the auto-shipment program, GreatShapeLiving will ship a new supply every month, and you will be responsible for returning any unused product in order to receive a refund, even if you have not yet been billed for the product. In addition, you do not hold GreatShapeLiving responsible for any overdraft charges or fees which you might incur during the ongoing auto-ship program Membership.



Refund Policy

1. We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company.

2. We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company.

3. In instances where a refund is warranted and agreed to by the company, customers are restricted to receiving a single refund per product ordered. Multiple refunds for purchases processed in multiple months are not permitted - i.e. We will only consider refunding the most recent month's transaction and never multiple past months.

4. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.

5. In order to request a refund, you must contact Our Customer Service Department at 1-855-865-5093. IN ORDER TO PROCESS A REFUND, ALL RETURNS MUST BE PRE-APPROVED AND ASSIGNED A RETURN MERCHANDISE AUTHORIZATION (RMA) NUMBER. PRODUCT RETURNED WITHOUT PRIOR AUTHORIZATION (RETURN TO SENDER) WILL FOREFIT REFUND. If a refund is warranted, you will be provided with an RMA number and instructions on how to proceed.

6. Once an RMA notice has been issued to you, you will automatically receive an RMA email confirmation and authorization.

7. In order for your refund to be processed, you must include your RMA number written on the outside of your shipment in large and legible print.

8. We must receive the remaining product back to our fulfillment facility, and once it is received and the RMA number logged into our systems, a refund will automatically be processed and you will receive an email confirmation that your refund has been processed. Please note that depending on the bank that issued the credit card, a refund can take up to thirty (30) days to appear on your credit card statement.

9. Shipping and handling costs are not refundable.

10. A $9.95 restocking fee is applicable for every returned order. Please note that you are responsible for returning any unused product for a refund.

11. You are responsible for any costs incurred to package and safely return the product to our fulfillment facility.


Return Address:

Fulfillment Center
Attn: GreatShapeLiving.com
P.O. Box 8068
Norcross, GA 30091


IMPORTANT...

1) Please do not return any product to us without first obtaining an RMA number from customer service. Please note that any packages marked "refused" or "Return to sender" will not be processed as a refund. You must obtain an RMA number first.

2) If you do not receive your shipment within 15 days from the date you placed your order, please contact us immediately so we can address the situation appropriately.


Credit Card Declines

In the event a credit card transaction declines, after product has been shipped or received, and you have not exercised your cancellation rights per the terms and conditions, we reserve the right to reprocess the transaction in full. This includes the right to resubmit the charge on or about every two (2) days from the original declined transaction date and up to three (3) additional attempts thereafter. In the event of subsequent credit card declines, you authorize us to resubmit a reduced amount from one-half (1/2) or one-third (1/3) of the full purchase price until the full amount is obtained.


Damaged or Incorrect items

- In the event that your order arrives damaged, or you receive the wrong item, please call our Customer Service Department at 1-855-865-5093 within 5 business days. Damaged orders not reported within five (5) business days of delivery confirmation cannot be adjusted, credited or replaced.

- We ask that you do not dispose of any damaged products until you contact the Customer Service Department for instructions, as we may require the return of the damaged goods.

- If you have ordered incorrectly, we will ship the correct item once we have received the return of the incorrect product.


NEGATIVE OPTION CLAUSE

BY PROCEEDING WITH THIS PURCHASE, YOU UNDERSTAND AND AGREE THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT YOU MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR $89.95 PER MONTH IF YOU FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.


LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GreatShapeLiving DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL GreatShapeLiving OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, "CLAIMS") ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER'S USE OF THE WEBSITE OR ANY PRODUCT. GreatShapeLiving ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY GreatShapeLiving WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; GreatShapeLiving FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. GreatShapeLiving DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY GreatShapeLiving WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

You agree that GreatShapeLiving’s 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 GreatShapeLiving 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 GreatShapeLiving was aware of or advised in advance of the possibility of damages or such CLAIMS. You understand that this is a significant limitation on your right to sue Company and you should not proceed if you do not agree. 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..


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 GreatShapeLiving has the right to rely upon all information provided to GreatShapeLivingby You, and GreatShapeLiving 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 GreatShapeLiving 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.


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 use the Website for any unlawful purpose;


LINKS

The Website may provide links to other World Wide Web sites or resources. GreatShapeLiving 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 GreatShapeLiving’s Website.


FORCE MAJEURE

GreatShapeLiving 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; 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 GreatShapeLiving’s performance.


INDEMNITY

You agree to defend, indemnify, and hold harmless GreatShapeLiving, 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. We 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 we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.

DISPUTE RESOLUTION BY BINDING ARBITRATION

Important Limitation on Consumer Rights - Mandatory Arbitration Requirement – Please read carefully: In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by 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: GreatShapeLiving, P.O. Box 8068, Norcross, GA 30091 and e-mail customerservice@greatshapeliving.com. We will contact You by letter to Your billing address You provided Us.

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 Policy, 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:

If either GreatShapeLiving or You want 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: GreatShapeLiving, P.O. Box 8068, Norcross, GA 30091 and e-mail customerservice@greatshapeliving.com. 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 are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, GreatShapeLiving will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from GreatShapeLiving; 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

All claims between the parties related to this Agreement will be litigated (through arbitration) individually and you will not consolidate or seek class treatment for any claim with respect to the Services.


YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.


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 GreatShapeLiving shall be governed exclusively by the laws of the State of Florida, 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 GreatShapeLiving 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

GreatShapeLiving 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. GreatShapeLiving does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by GreatShapeLiving in writing, these terms and conditions may not be amended by You.

C l o s e