Terms and Conditions

Last Updated: January 18th, 2019


BergaOne Program – Terms of Offer


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

Health Disclaimer


These statements have not been evaluated by the Food & Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Results will vary. As with any natural supplement, we always recommend first consulting one’s doctor before taking BergaOne® with—or in place of—medications. BergaOne is not recommended for those who are under 18, who are pregnant or nursing. The information contained in this website is provided for general informational purposes only. It is not intended as and should not be relied upon as medical advice. The information may not apply to you, and before you use any of the information provided in the site, you should contact a qualified medical, dietary, fitness or another appropriate professional. If you utilize any information provided in this site, you do so at your own risk, and you specifically waive any right to make any claim against the author and publisher of this website and materials as the result of the use of such information.

How Do Subscriptions Work?


If you've ordered BergaOne with a subscription, you have no obligation to buy anything in the future as long as you cancel your subscription. To cancel, simply log into your Shopify account (https://shop.bergaone.com/account/login) and then click on Manage Subscriptions. For assistance, please call 1-800-322-1389, Monday – Friday, 9 am – 5 pm Pacific time. If you do not cancel, we will automatically send you a fresh one-month supply of BergaOne beginning in 30 days and every 30 days thereafter for just $27.95 per month with free S&H per shipment, charged to the card you provide today. No commitments, no hassles. Cancel anytime. Every BergaOne® order comes with our 30-day Money Back Guarantee.

Cancellation Policy


You may cancel at any time by logging into your Shopify account (https://shop.bergaone.com/account/login). For assistance, please call 1-800-322-1389, Monday – Friday, 9 am – 5 pm Pacific time.

The BergaOne Guarantee:


Return Policy for Purchased Products
To be considered for reimbursement, purchased products may be opened or unopened and must be in the original packaging. To return a product, you must do the following: Submit a return request at https://shop.bergaone.com/pages/returns within 30 days of purchase (Product issues not declared within 30 days of purchase are not entitled to a refund). You will be emailed a Return Authorization (RA) number. To receive your refund, you must postmark your return within 30 days of purchase. Be sure to clearly write the return authorization (RA) number on the outside of the package. Our shipping department does NOT accept any packages without an RA number. Customer pays for return shipping.

Address the return package to: Neuliven Health, Inc., 10171 Pacific Mesa Blvd, Ste 302, San Diego, CA 92121. Packages marked return to sender or refused will only be accepted with a valid RA number written on the package. Upon receipt of your returned product with a valid RA number, a refund of the product price will be issued to the original payment method used to place your order. Please allow 3-5 business days for your financial institution to fully process the refund.

Text Message Program Details


Neuliven Health, Inc. offers subscription text message programs (also known as subscription SMS programs). Visitors to BergaOne.com may enroll in these programs in a variety of ways; for example, by texting a specific keyword to a mobile short code, or by filling out or submitting a form on BergaOne.com. New methods are added regularly. No matter how you enroll, you always have the ability to opt out of these types of programs. Message frequency varies.

Neuliven Health, Inc. also offers one-time text messages. For these one-time text messages, you will not be enrolled in any subscription text message program (unless you separately opt into one or more such programs). Individuals may text a keyword to one of our short codes and receive one-time information on a certain topic.

Neuliven Health, Inc. is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy of our visitors and customers and their data. For more information, you can view a copy of our privacy policy by clicking here. Neuliven Health, Inc. does not sell mobile opt-in lists.

Neuliven Health, Inc. does not charge you separately for any of our subscription text message programs or one-time text messages (we do charge for Neuliven Health, Inc. products, the costs of which are functionally separate from our text message programs). However, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone. Participation in Neuliven Health, Inc. text message programs is standard-rated (no premium content).

By providing your consent to participate in our text message programs, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. Neuliven Health, Inc. reserves the right to terminate its text message services, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of text messages you receive. If you have any questions or need help, text HELP to any one of our short codes, email customerservice@neulivenhealth.com or call 1-800-322-1389.

Neuliven Health, Inc. also occasionally runs contests and sweepstakes via our text message programs. Note that mobile carriers are not liable for delayed or undelivered messages.

To stop receiving text messages from Neuliven Health, Inc., text STOP to one of our short codes. By enrolling in one of our subscription text message programs, you consent that following such a request to opt out, and you will receive one (1) final message from Neuliven Health, Inc. confirming that you have been deactivated in our system. Following this confirmation message, no additional text messages will be sent for the particular program in question unless you reactivate your subscription.

Neuliven Health, Inc. may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission (FCC) defines an “automatic telephone dialing system” (or “autodialer”) as equipment that has the capacity to store or produce telephone numbers to be called, and to call such numbers (47 C.F.R. § 64.1200). By your enrollment in either or both of our subscription text message programs and one-time text messages, you give your consent to Neuliven Health, Inc. to use an automatic dialing system to deliver text messages to the telephone or mobile phone number to which you have directed Neuliven Health, Inc. to transmit these text messages.

UNITED STATES PARTICIPATING CARRIERS INCLUDE
ACS/Alaska, Alltel, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Cellular South, Centennial, Chariton Valley Cellular, Cincinnati Bell, Cox Communications, Cricket, EKN/Appalachian Wireless, Element Mobile, GCI, Golden State Cellular, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, iWireless, MetroPCS, Nex-Tech Wireless, nTelos, Plateau Wireless, South Canaan, Sprint, T-Mobile, Thumb Cellular, United Wireless, US Cellular, Verizon Wireless, Viaero Wireless, Virgin, WCC. Additional carriers may be added or removed without notice.

TERMS OF SERVICE


This Terms of Service (“TOS”) is a legally binding agreement made by and between Neuliven Health, Inc. (“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 BergaOne.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 our Neuliven Health, Inc. 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 BergaOne 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.

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


(a) Copyright. All materials on the Website, including, without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers, licensors, or other companies. You may not use such materials without express written permission.

(b) Trademarks. BergaOne is a trade name we own. We own the related design marks, and other trademarks on the Website. Page headers, custom graphics, button icons, and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.

7. Third Party Websites


BergaOne.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 effect, 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 Advertising 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. 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 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.

(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 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.

12. 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.

13. 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.

14. 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 San Diego, California 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 San Diego, California to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

15. WAIVER OF CLASS ACTION RIGHTS


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

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 California 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, employee-employer relationship is intended or created by this TOS. The invalidity or un-enforceability 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.