Health Disclaimer 

The statements made on this website, as well as any materials or supplements distributed or sold on BuyGarciniaPlus.com, have not been evaluated by the Food and Drug Administration.  The Garcinia Plus product is not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest consulting with a healthcare professional before using any of our products. The results achieved with all products are not typical, and not everyone will experience these results.  

Customer Service

Toll Free Number: 1-877-900-2879
Email: customerservice@buygarciniaplus.com
Hours of Operation: Mon-Fri 8:00am to 8:00pm CST & Sat 8:00am to 4:00pm CST 

TERMS & CONDITIONS

BuyGarciniaPlus.com: By placing an order through this website, you agree to the terms and conditions set forth below. Please read through these terms carefully before placing your order and print a copy for future reference. Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference. 

Garcinia Plus Membership Trial Offer

Limit one per household: To receive the Garcinia Plus Membership Trial Offer you pay only the shipping and handling fee of $4.98.  The Trial Offer includes a full 30-day supply of Garcinia Plus and your 15-day trial begins on the date you place your order and ends on the 15th day following your order.  If you choose to continue the Garcinia Plus Membership (described below) then you do not need to do anything.  Just continue using the product.  If you continue, on the 16th day following your order, you will be billed for the annual membership fee of $39.97 and the cost of the Garcinia Plus bottle at the special membership price of $49.95. Please note that these charges are NON-REFUNDABLE. If you do not wish to continue the Garcinia Plus Membership then you must contact customer service to cancel within 15 days of placing your trial order or you will automatically continue with our Membership Program and be billed for the annual membership fee and the cost of the Garcinia Plus bottle at the special membership price. To cancel your trial, you MUST contact customer service within 15 days of the trial order date and you MUST also return the unused portion of the product - the return package must be postmarked within 30 days from the date you placed your trial order and you must obtain proof of shipment (e.g. tracking number).  Please note that if the package is postmarked after 30 days from the trial order date, then you will be billed for both the annual membership fee of $39.97 and the bottle of Garcinia Plus at the special membership price of $49.95.

If you need to extend your 15-day trial period please contact customer service.

Note you can cancel your membership online via the Cancel Membership page 24 hours a day, seven days week.  

Garcinia Plus Membership Program 

Membership Benefits include $360 in annual savings:

Membership Status

Product Cost

S&H Cost

Member

$49.95

$0.00

Non-Member

$74.95

$4.98

Membership Savings

$25.00

$4.98

If you do not contact customer service to cancel within 15 days of ordering your trial, you will continue with the Garcinia Plus Membership and your credit card will be charged for the annual membership fee and the bottle of Garcinia Plus at the special membership price of $49.95. While enrolled in the Garcinia Plus Membership Program, you will receive a 30-day supply of Garcinia Plus each month starting 32 days after your trial order date for as long as you remain a member.  The credit card you used to place the trial order will automatically be charged for each monthly supply of Garcinia Plus at the special membership price of $49.95 when each new monthly supply is shipped.  If you feel Garcinia Plus is not for you and you wish to cancel your Garcinia Plus Membership, please contact customer service. 

By proceeding with your purchase, you acknowledge and agree that Garcinia Plus will not obtain additional authorization from you for each monthly installment of the Garcinia Plus product that will be charged to the credit card you provided initially at the discounted membership price. In addition, you do not hold Garcinia Plus responsible for any overdraft charges or fees, which you might incur during the ongoing Membership Program. 

All fees are payable in U.S. Dollars. 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 Garcinia Plus 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 Garcinia Plus in effect at any given time. Upon reasonable prior written notice to you (with email sufficing), Garcinia Plus reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the site and/or receipt of the Garcinia Plus 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. 

Garcinia Plus authorization to provide and bill for the Garcinia Plus 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. Garcinia Plus reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any auto-ship program payments, such overdue amounts will be subject to your account being deactivated, in which case no further product will be shipped to you and access to the Membership site will be denied, for non-payment. 

NEGATIVE OPTION CLAUSE 

BY PROCEEDING WITH THIS PURCHASE, I UNDERSTAND AND AGREE THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR $49.95 PER MONTH IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.  

Cancellation Policy   

Garcinia Plus Membership: in order to cancel your membership you must contact customer service within 15 days from the date you placed your order.  Once your membership is cancelled, all future orders, including unshipped orders will be cancelled and your credit card will no longer be charged.  Your membership will be terminated and your special member discounts will be discontinued.

If you cancel your membership after an order has shipped, you will still be responsible for the purchase price of the product.

Product Orders:  to cancel an order; you must do so before the order is shipped.  If you fail to cancel prior to shipment, then your credit card will be charged for the full price of the product.  Note that orders may ship the same day.

Refund Policy 

You may cancel an order and receive a refund by calling customer support and cancelling the order before it is shipped.  The charge to your credit card for the cancelled order will be refunded to your credit card. There are no returns or refunds for orders that have already shipped.

  1. The membership fee is NON-REFUNDABLE.

  2. We will NOT accept any package that is marked "refused" or "return to sender".  

  3. Shipping and handling costs are NON-REFUNDABLE unless you cancel prior to the order being shipped.  If you cancel prior to your order being shipped, then you will receive a full refund for the shipping and handling cost.

TERMS OF SERVICE

You must read and agree to these Terms of Service before placing Your order for the 15-day TRIAL OFFER of the Garcinia Plus Membership Program. By placing Your order for the 15-day TRIAL OFFER of the Garcinia Plus Membership Program You agree to be bound by the following Terms of Service:

This Terms of Service ("TOS") is a legally binding agreement made by and between Garcinia Plus ("we" or "us") and you, personally and, if applicable, on behalf of the entity for whom you are using this Website (collectively, "you"). This TOS governs your use of the BuyGarciniaPlus.com Website ("Website") and the services we offer on the Website ("Services"), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE Website, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE Website.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE Website CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE Website.

1. Using the Website.

(a) Eligibility. Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with Garcinia Plus wherein you, the consumer purchase one of the products found on the Website.

(b) Compliance. You must comply with all of the terms and conditions of this TOS, the policies referred to below, and all applicable laws, regulations and rules when you use the Website.

(c) License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.

(d) Prohibited Conduct. In your use of the Website and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any Websites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Garcinia Plus name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this TOS.

(e) Other Users. If you become aware of any conduct that violates this TOS, We encourage you to contact Customer Service. We reserve the right, but will have no obligation, to respond to such communications.

(f) Consent to receive emails from us.  If you sign up via any of our opt-in forms, or make a purchase from any of our websites, we will send you emails anywhere from once to three times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our weight loss newsletter and informational emails that we send out regularly. Typically in our emails you will find relevant information that is related to a purchase you made with us, or the newest tips, tricks, and information related to weight loss. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you.

2. Your Content.

(a) License. By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

(b) Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this TOS).

3. Accuracy of Information.

We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.

4. Sales Tax.

If you purchase any products available on the Website ("Products"), you will be responsible for paying any applicable sales tax indicated on the Website.

5. Fraud.

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

6. Intellectual Property Rights.

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 Garcinia Plus 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 Garcinia Plus’ prior written permission.

7. Third Party Websites.

BuyGarciniaPlus.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

8. Linking and Framing.

You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website. You may not use any of our logos or other trademarks as part of a link without express written permission.

9. Comments.

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

10. Indemnification.

You agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our consent.

11. WAIVER OF CLASS ACTION RIGHTS.

BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.

12. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE Website, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE Website, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS Website MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.

(c) HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE Website FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE Website FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.

(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION

(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Website OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE Website, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.

13. Force Majeure.

You acknowledge and understand that if the Website is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

14. Domestic Use

Export Restriction. We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

15. Arbitration.

All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Dallas, Texas before and in accordance with the Rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Dallas, Texas to enforce this TOS or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

16. Limitation of Actions.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

17. Modification of Terms of Service.

We reserve the right to change or modify these Terms of Use at any time and your continued use of this site will be conditioned upon the Terms of Use in force at the time of your use. You can always check the most current version of the Terms of Use at this page.

18. Termination.

We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.

19. Integration.

This TOS contains the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.

20. Additional Terms.

This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without regard for conflict of law principles. This TOS and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.