ProbioticXL® Is a Proprietary Blend Designed to Deliver Optimum Results
ProbioticXL® contains 10 beneficial bacterial strains designed to simulate a healthy digestive system. Each type and strain of probiotic performs a different role with particular benefits to support and promote digestive and immune functions. ProbioticXL® is formulated to offer you many unique benefits including ClearPhage™ a technology that reduces harmful bacteria and helps achieve a balanced Internal Ecosystem™.
Balance your Health from the Inside Out
Improves regularity, reducing the likelihood of occasional diarrhea or constipation.
Digests proteins, allowing the digestive system to absorb the nutrients needed to produce fuel for the body.
Promotes and supports the immune system.
Protects the body from harmful levels of toxins like mercury and pesticides.
Supports important brain chemicals, such as serotonin, to maintain mood.
ProbioticXL® is the Future of Feeling Good!
Intestinal imbalance can occur as a result of processed food consumption, travel, stress, digestive issues, and medications. This can lead to gas, belching, bloating, and irregularity. ProbioticXL® can help correct this imbalance quickly and effectively.
Everyone can benefit from taking ProbioticXL®, regardless of age. Due to environmental pollutants and the quality of our food source, we are all at risk for intestinal imbalances, which can lead to distressing symptoms and ill health. ProbioticXL® is the ideal probiotic supplement for you and your family.
ClearPhage™ is a natural patent pending ingredient that inhibits the growth of harmful bacteria and promotes the growth of healthy bacteria in your digestive system. ClearPhage™ works fast and effectively, acting within hours.
While there are foods that have probiotics, such as yogurt, kefir, or fermented foods (pickles, sauerkraut), it is unlikely that you will receive enough of these beneficial organisms from your diet to achieve adequate health benefits.
We recommend that you take two capsules of ProbioticXL® daily to support and maintain healthy intestinal flora for good digestion, nutrient absorption and immune health.
Since probiotics are beneficial flora that naturally exist in the digestive tract, there are no known interactions with medications. However, we recommend you consult with your physician before taking any new supplement.
Start Balancing Your Health from the Inside Out. Order Now.
If for any reason you are not completely satisfied with ProbioticXL®, simply return the unused product within 90-days of your initial order date for a complete refund (minus shipping and handling). No refunds will be issued for returns after the ninety (90) day period from your initial order date.
Offers subject to change or cancellation at any time.
© 2016 Great HealthWorks. All Rights Reserved.
BUY ONE GET ONE FREE!
Our Customer Support Hours Are:
Monday-Friday: 9am-6pm EST
Fort Lauderdale, FL 33312
Due customer volume, please allow 24 to 48 hours for us to reply. At Great HealthWorks, we care about you and we are dedicated to making sure you get the latest information on all the healthy benefits of ProbioticXL.
Buy One, Get One FREE! 60ct Limited Time Introductory Offer!
Terms & Conditions
Your use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE AND DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 20 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, SECTION 20 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.
1 - Who is Eligible to Use the Website
This Website is intended for adults (age 18 or older). In order to use the Website, you must be (a) 18 years or older and have the legal capacity to enter into a binding contract with us; or (b) 13 years or older, if purchasing products or servicesyour parent or guardian must consent to the Agreement, and your parent or guardian must have the legal capacity to enter into an Agreement with us. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
2 - Sharing Your Content
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews, and other communications and content to the Website (“Your Content”). By posting or submitting Your Content, you grant GHW Group a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. GHW Group is free to use any ideas, concepts, or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing, and marketing products that use such information. You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify GHW Group for all claims relating to Your Content. We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. GHW Group has the right, but not the obligation, to monitor and edit or remove any activity or content for any reason and without notice. GHW Group takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
3 - Your Use of the Website
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not (without our prior written consent):
- copy, reproduce, rent, lease, loan, or sell content retrieved from the Website;
- modify, distribute, or re-post any content on the Website for any purpose; or
- use the content of the Website for any commercial purpose whatsoever.
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
- not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;
- not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any GHW Group trademark, logo, or other proprietary information (including the images found on the Website or on any GHW Group social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without the company’s written consent;
- not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
- not to use meta tags or any other “hidden text” utilizing a GHW Group company name, trademark, or product name without GHW Group’s written consent;
- not to deep-link to the Website without the company’s written consent;
- not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website, or use or share another party’s information on the Website;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
- to be bound by the company’s submission policies, including that of any product, service, or idea you submit to any GHW Group company via this site or other site wherein your submission will not be held in confidence by GHW Group and is not proprietary, that GHW Group may use the submission and any aspect thereof for any purposes in GHW Group’s sole discretion and that GHW Group owes no duties or obligations with respect to you or the submission you made; and
- to comply with all applicable laws regarding your use of the Website.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
4 - Our Intellectual Property Rights and the Intellectual Property Rights of Others
You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter, or obscure the Intellectual Property Right Notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of GHW Group company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
5 - Information is not intended to provide medical diagnosis, advice, or treatment
6 - No Warranty; Disclaimer
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GHW GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GHW GROUP DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GHW GROUP MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY GHW GROUP WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GHW GROUP OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7 - Links to Third Party websites
8 - Products or Services available on or through the website
GHW Group reserves the right, without notice, to discontinue products or services or modify specifications and prices on products or services without incurring any obligation to you. GHW Group takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. However, when ordering products or services, please note that GHW Group does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product or service that you receive. If any item or service described on the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with the Return Policy available on the Website or by calling a Customer Care Professional at the telephone number posted on the Website. GHW Group’s descriptions of, or references to, products or services not owned by GHW Group are not intended to imply endorsement of that product or constitute a warranty by GHW Group unless expressly stated on the Website.
9 - Pricing Errors and Product or Service Unavailability
Prices, availability, and other purchase terms are subject to change at any time and without notice. We make every effort to provide accurate pricing information and to ensure product or service availability, however, GHW Group reserves the right to revoke any offer to correct errors, inaccuracies, or omissions, including after receiving an order has been submitted, confirmed, or after your credit card has been charged. If your order is cancelled because of an error, your credit card will be refunded the full amount of your order. Please allow for one full billing cycle to complete the refund process.
10 - Order Placement and Acceptance
If you order a product or service, payment must be received by GHW Group before your order is accepted. GHW Group may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a form of payment has been received, we will promptly place your order in line for shipment or delivery. All items and services are subject to availability. We will notify you if any item or service order is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your credit card will be refunded. GHW Group does not accept orders from dealers, wholesalers, or customers who are resellers or intend to resell items offered on the Website. If GHW Group discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, GHW Group will report you to federal, state and/or local enforcement authorities.
11 - Shipping
GHW Group will add applicable shipping and handling fees to your order. Unless otherwise stated, GHW Group will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed order. Although GHW Group may provide delivery or shipment time frames or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed GHW Group will contact you at the email or street address you provided when placing your order. If GHW Group is unable to contact you or you would like to cancel your order, GHW Group will cancel the order and refund the amount charged. GHW Group shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by GHW Group. The risk of loss and title for such items passes to you upon our delivery to any third party carrier. GHW Group reserves the right to reject orders where the stated delivery address is outside the United States.
12 - Payment Information
When ordering products or services through the Website, by telephone or otherwise, you agree to provide only truthful, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order. GHW Group reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to GHW Group, or for any other reason that we, in our sole discretion, believe appropriate. You agree that your placement of an order on or through this the Website is sufficient to satisfy any applicable Statute of Frauds and no further writing is required.
13 - Automatic Shipment Terms
If you are placing an order online, by telephone, or other order method as part of an automatic renewal program, your participation in the program shall be in effect until it is cancelled. We may, in our sole discretion, terminate the program or your participation in the program at any time without notice to you. IF YOU PARTICIPATE IN AN AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND AGREEMENT TO PARTICIPATE IN THE PROGRAM. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN AN AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO AT ANY TIME BY CONTACTING A CUSTOMER CARE PROFESSIONAL AT THE CONTACT INFORMATION PROVIDED ON THE WEBSITE. You are obligated to provide current, complete, and accurate information for your account. You are responsible for updating all information, including credit card or payment information, to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft) or your shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional. Please see the Website for information on how to contact a customer care professional. If you participate in an automatic shipment program using a credit card and your credit card fails to process for a subsequent shipment, GHW Group may contact you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection.
14 - Return & Refund Policy
You may return items in accordance with the Return Policy posted on this Website. If you are uncertain about your right to return the product, you may also contact a Customer Care Professional for assistance. GHW Group will refund your payment when the product or service you ordered is timely returned within the terms set forth in the Return Policy. Please allow for one full billing cycle to complete the refund process.
15 - Electronic Documents and Signatures
All information communicated on the Website is considered an electronic communication. When you communicate with any GHW Group company, through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, I ACCEPT”, “I AGREE”, or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes (and any revisions or amendments thereto), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
16 - Communicating with GHW Group Companies
You understand that all telephone calls, live chats, and other communications such as personal messaging or social media posts to or from GHW Group are monitored and recorded and you consent to such monitoring and recording. You verify that any contact information provided to GHW Group is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to GHW Group and that by voluntarily providing your contact information to GHW Group, you agree to be contacted at the telephone numbers or at any other contact method you provide. You consent to receive emails, pre-recorded voice messages, or autodialed calls (including text messages) by or on behalf of GHW Group relating to this Agreement, any purchase or transaction with GHW Group, matters related to your account (including debt collection), and promotions regarding GHW Group products or services. These communications may be made by or on behalf of GHW Group, even if your phone number is registered in a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications from your telephone or internet carrier and that GHW Group will not be responsible for these charges. GHW Group may obtain, and you expressly agree to be contacted at, email addresses, mailing or shipping addresses, phone numbers, or other communication accounts provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide GHW Group notice within 30 days of any change to your contact information by writing to 4150 SW 28th Way, Fort Lauderdale, FL 33312, Attention: Customer Care or emailing [email protected]. Your consent to this communications provision is not required to make any purchase with GHW Group.
17 - Limited Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GHW GROUP, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
18 - Indemnification
You agree to indemnify and hold harmless GHW Group, and all directors, officers, employees, agents, contractors, co-branders, suppliers, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort, or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to GHW Group that is not owned by you, in contravention of this Agreement; or (iv) your breach of this Agreement.
19 - Termination, Suspension, Revision of Website
You agree that GHW Group may, in its sole discretion, and at any time, revise, terminate, or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that GHW Group shall not be liable to you or to any third party for the consequences of such termination, suspension, or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on GHW Group’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination, suspension, or revision.
20 - Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
As an exception to binding arbitration, you and GHW Group both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. GHW Group will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Required Pre-Dispute Procedures
You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against GHW Group, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of the issue to us, including, but not limited to, information or representations related to the product or service upon which you rely. You may send the written description by U.S. Mail to GHW Group, c/o Great HealthWorks, Inc., 4150 SW 28th Way, Fort Lauderdale, FL 33312, Attn: Legal Department. You agree to negotiate with GHW Group or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after GHW Group’s receipt of your written dispute, you agree to the dispute resolution provisions below.
You and GHW Group agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be barred.
For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and GHW Group agree.
Organization, Rules and the Arbitrator
The parties shall equally share the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow Florida substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
This provision survives termination of your account or relationship with GHW Group’s, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims, except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and GHW Group and shall not be modified except in writing by GHW Group.
GHW Group reserves the right to amend this arbitration provision at any time. Your continued use of any GHW Group Website, purchase of a product or service on or through a GHW Group website, or use or attempted use of a GHW Group product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, GHW Group will provide you notice and an opportunity to opt-out. Your continued use of any GHW Group site, purchase of a product or service through any site, or use or attempted use of a GHW Group product or service, is affirmation of your consent to such material changes. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS GHW GROUP WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO GHW GROUP, C/O GREAT HEALTHWORKS, INC., 4150 SW 28TH WAY, FORT LAUDERDALE, FL 33312 ATTN: LEGAL DEPARTMENT. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.
21 - Exclusive Venue for all other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Broward County, Florida and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
22 - GHW Group Remedies
In order to prevent or limit irreparable injury to GHW Group, in the event of any breach or threatened breach by you of the provisions of this Agreement, GHW Group shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting GHW Group from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
23 - Modifications
24 - Trademarks
All trademarks and service marks displayed on the Website are the property of a GHW Group company or other respective owners. You may not use or display any trademarks or service marks owned by any GHW Group company without the company’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.
25 - Copyright Policy
GHW Group respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, GHW Group may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, GHW Group will comply with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide GHW Group’s copyright agent (at [email protected]) the following information:
26 - Additional Terms
At all times, we reserve the right to disclose any information, including personally identifiable information, to comply with any applicable law, regulation, legal process, or governmental request; to protect GHW’s rights or property, when safety of persons or property is at risk, or to prevent credit fraud, identity theft, and for risk reduction purposes.
Collection and Use of Personal and Other Data
We only collect personally identifiable information about you via this GHW Website when you provide it in connection with a request for a product, service, or provide or request information. For example, if you decide to purchase products or services through this site, we will request your delivery and billing address, phone number(s), email address, credit card number and its expiration date and any other information required by your bank or credit card issuer to process your order. If you decide to complete a user registration form, survey or participate in any sweepstakes or other promotion, we may ask you for information such as your contact information, age group or birth date. When you submit your personally identifiable information on this GHW Website, you are consenting to the collection, use and disclosure of your personal information as set forth in this policy. GHW and its representatives, may use the information that you provide to: i) fulfill your request for a product, service or information; ii) respond to an email or other request; iii) create or provide you with newsletters, surveys, communications containing product or service information, tips or promotions; iv) help improve GHW Websites, products or services; or v) customize and optimize a visitor’s experience at this or other GHW Websites. We do not share your credit card, banking or other account information with unaffiliated third parties unless you authorize us to do so or if it is necessary to fulfill our responsibilities including, but not limited to, delivering a product or service that you order or if we are required by law to do so. If you prefer not to receive email marketing communications from us or from third parties, please refer to the opt-out instructions at the end of this policy. You cannot opt-out of receiving communications from GHW (or third parties who may assist us) concerning a specific order or request for a product or service. If you do not want GHW to collect any personally identifiable information from you, please do not provide us with any such information.
We may also collect, store or accumulate certain non-personally identifiable information concerning your use of this GHW Website, such as information concerning which pages receive the most visitors and how visitors interact with each page. Information gathered may be used in aggregate form for internal business purposes and we may share or transfer this aggregate, non-personally identifiable information with or to our affiliates, licensees, and partners. We may also collect, store, and accumulate certain technical and routing information, including information about your computer or other devices used to visit a GHW Website, to facilitate the use of the Website and the services provided, to diagnose problems with our servers, or to otherwise administer the site.
This GHW Website is intended for adults (age 18 and over). We do not knowingly collect personal information from children under the age of 13 and will remove it if we later discover that we received such information. However, if the parent or guardian of a child under age 13 believes that their child provided us with personally identifiable information, the child’s parent or guardian should contact us at: [email protected] to request that the child’s information be deleted from our files.
How We Ensure Your Security
We use the Secure Sockets Layer (SSL), an advanced security protocol that protects your credit card information and ensures secure online ordering. SSL Internet connections are encrypted and thus protect all credit card or bank ordering information, including your name, address, and credit card number or banking information, so it cannot be read in transit. We use secure technology, privacy protection controls, and restrict employee access to safeguard your personal information.
Technology We Use
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movement of Web users. Clear GIFs are not tied to users’ personally identifiable information.
Information We Collect
User Information.Users are asked to provide certain personal information when they sign up for GHW services including name, postal address, email address, telephone number, and billing information (such as a credit card number). Users may also be asked to complete an online form that collects information about demographics, product usage, and preferences, along with other information that will help us improve our products and services.
Cookies and Tracking.GHW uses different types of cookies (which are electronic collections of information stored on a local computer that are used by websites to keep track of visitors and registered users, and to relate one computer transaction to a later one) and other methods of uniquely tracking visitors for different purposes. For example, some cookies are "required cookies" which are necessary for GHW's website to work. In addition, cookies are used to provide GHW's existing users with the opportunity for continued savings and increased convenience as described in more detail below.
A. Cookies for improving our website. GHW uses "performance cookies" to inform GHW of a repeat visit. However, these cookies do not tell GHW who a visitor is, the visitor's name, email address, or passwords.
C. Cookies for user account management. For GHW users, GHW uses "functional cookies" to store user names for added convenience. For example, the cookie would contain a piece of identifying information such as a customer ID, username, or session ID that would be used to look up the customer ID. GHW offers password-protected, web-based management tools as part of its webhosting packages. By storing a user’s username in a cookie, the user will not have to fill out form fields each time he or she manages the account. (The cookie does not store passwords.)
D. Cookies for Advertising. GHW may also utilize "advertising cookies" to track referrals from internal and external affiliates, as well as advertising campaigns. GHW may also use a third party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help GHW measure the effectiveness of its advertising and to enable GHW to provide more focused marketing communications to you. You may set your web browser to notify you when you receive a cookie or change the settings on your web browser to clear or disable cookies. If you decide not to accept cookies, you may not be able to take advantage of all of the features of GHW's website. Additionally, please be aware that if you visit third party websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Cookies do not enable third parties to access any of your personal (i.e., contact) information. However, advertisers and partners may also use their own cookies. GHW does not control the use of these cookies and is not responsible for information collected through them.
Use of InformationGHW uses information it collects primarily to provide and collect payment for its cloud-based solutions and other services. Passively collected information, such as information collected from or about your device including through the placement or reading of cookies or other tracking technologies is used to provide a customized experience as you use GHW's services.
A. User Contact/Account Information. The information collected from users is used to manage each user’s account (such as for billing and account management purposes) and to promote other products or services that GHW believes may be of interest to its users. GHW may also generate non-identifying and aggregate profiles from information that users provide during registration (such as the total number of Users in a given category, but not their names). GHW may in certain instances use this aggregated and non-identifying information to promote advertisements that appear on GHW's website and in connection with its services. Any such aggregated and non-identifying information that GHW collects, and any analysis of such information that it produces, is proprietary information of GHW.
B. Analytics/Statistics. GHW uses information gathered from its website analytics (for example, User IP addresses) to help diagnose problems with GHW servers and to administer and optimize GHW's website. GHW also gathers broad demographic information from this data to help improve its website and make your browsing and purchasing experience more responsive, efficient, or enjoyable. Any statistics gathered by GHW are proprietary property of GHW.
C. Responses to Email Inquiries When users send email inquiries to GHW, the return email address (and other personal information provided in the inquiry) is used to answer the email inquiry receive
Sharing of Information
A. Confidentiality. With the exception of other members of the Endurance corporate family and trusted business partners who work with or on behalf of GHW and are subject to specific confidentiality agreements, GHW will not provide or sell to any third party your personal information and will keep all User information confidential, subject to the following:
B. Online Advertisements. GHW does not share personally identifiable information about individual users with advertisers. GHW may display online advertisements and share aggregated and non-identifying information about users collected through the registration process or through online surveys and promotions with certain advertisers. This aggregated and non-identifying information may be used to deliver tailored advertisements. For example, an advertiser may tell GHW the audience it wants to reach (e.g., males between 25 and 55 years of age) and provide GHW with an advertisement tailored to that audience. Based upon the aggregated and non-identifying information collected by GHW, GHW may then display the advertisement to the intended audience.
C. Law Enforcement. GHW will respond to subpoenas, court orders, or other legal processes, and will utilize user information as necessary to establish or exercise GHW's legal rights or defend against legal claims. Additionally, GHW will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations, or suspected violations of GHW's Terms of Service, or as otherwise required by law.
Email MarketingWe want to communicate with you via email correspondence only if you want to hear from us. When you purchase a product of service owned, distributed, or provided by any GHW company or provide us with your contact information and request information from us, we may from time to time send you email messages describing new products and services, special offers, and opportunities. If for any reason you no longer want to receive email messages from this site, you can remove yourself at any time by clicking the Unsubscribe link located at the bottom of any marketing email communication you receive from any GHW company. Please allow up to 10 days for us to process your request.
Your privacy is important to us, and for this reason, we do not share or sell your email address with any third parties for direct marketing purposes without your consent. Please note if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order(s) (i.e., order confirmation, shipping information, customer care notifications, etc.) If you have questions or concerns regarding this statement, please contact us at [email protected].
Your Choice to Limit Marketing
You may elect to stop receiving marketing information at any time by following these opt-out instructions. To stop all marketing offers, you may opt-out by contacting us via e-mail or through the U.S. mail. Be sure to provide your full name, mailing address, e-mail address (if applicable), and telephone number in your request to opt-out. Once processed, opt-out requests are effective unless later revoked by you.
To opt out by email, send an e-mail to [email protected] and specify in the subject line “opt-out.”
To opt out by U.S. mail, Send a letter marked “opt-out” to GHW, c/o Great HealthWorks, Inc., 4100 SW 28th Way, Fort Lauderdale, FL 33312.
Because we are unable to process requests that do not include complete or accurate information, please be sure to include your full name, complete mailing address, and any email address or telephone number(s) you have provided to us.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a service provider’s designated agent. Notification must be submitted to the following designated agent for this site in the manner described below:
By Mail:Great HealthWorks Group Attn: Legal Department 4150 SW 28th Way Fort Lauderdale, FL 33312
By Email:[email protected]
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate and, under penalty of law, that you are authorized to act on behalf of the copyright owner.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney fees.