Terms & Conditions

1. Who is Eligible to Use the Website or Purchase a GHW Product or Service?

This Website and other means of communicating, engaging, or interacting with us are intended for use by adults (age 18 and over or the age of majority in the territory or province in which you live) in Canada, excluding Quebec. In order to use the Website and/or purchase a GHW product or service, you must be 18 years or older, reside in Canada (but not in Quebec) and have the legal capacity to enter into a binding contract with us. If you use the Website, communicate, or interact with GHW in any way, including by accessing and using this Website, you are affirming that you are at least 18 years old and reside in Canada but not in Quebec.

2. Conditions of Use of the Website and Site Content Standards

As a condition of your access and use of the Website, you agree you must only use the Website for lawful purposes, in accordance with these Terms and Conditions and this Agreement, 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.

The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submits") to us through the Website or other means of communications or to others through our Website (collectively, "User Generated Content"). Any and all User Generated Content must also comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms and Conditions.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Generated Content shall not (without our prior written consent):

1. copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
2. modify, distribute or re-post any content on the Website for any purpose;
3. use the content of the Website for any commercial purpose whatsoever; or
4. transmit, or procure the sending of, any advertisements or promotions sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

When using the Website, you further agree your use of the Website and any User Generated Content shall:

1. not in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement
2. not 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;
3. not upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files;
4. not use, frame or utilize framing techniques to enclose any GHW trademark, logo or other proprietary information (including the images found on the Website or on any GHW 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 GHW’s written consent;
5. not reverse engineer or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
6. not use meta tags or any other "hidden text" utilizing a GHW company name, trademark or product name without GHW’s written consent;
7. not deep-link to the Website without the GHW’s written consent;
8. not 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;
9. not collect or store personal data about others;
10. not attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
11. not include or contain any material that infringes any rights of any third party or is knowingly false, defamatory, inaccurate, exploitative, harmful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, violent, inflammatory, invasive of a person’s privacy or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in GHW's sole discretion;
12. be bound by GHW’s submission policies, including that: (i) except for any personally identifiable information we may collect from you under the terms established in our Privacy Notice, any material, UGC, product, service, or idea you submit to any GHW company via this site or any other GHW owned or operated Website or social media platform will be considered non-confidential and non-proprietary, (ii) GHW may use the submission, and any aspect thereof for any purposes in GHW’s sole discretion; and (iii) GHW owes no duties or obligations with respect to you or the submission you made; and
13. not reproduce any part of our Website in breach of these Terms and Conditions. If you do, your right to use the Website will cease immediately and you must, at our option, you must return or destroy any copies of the materials you have made.

3. Reviews and other User Generated Content

You understand and agree that you are fully and solely responsible for any User Generated Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy.

Subject to the terms of this Section 3 and, to the extent applicable, Section 4 below, you may post photographs, comments, video clips, reviews and other communications and content to any GHW Website or social media platform (such content collectively referred to as "User Generated Content" or "UGC"). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any UGC.

4. Grant of License in User Generated Content

By posting or submitting UGC to us or any GHW Website or social media account owned or controlled by GHW, you represent and warrant that (a) you own, have or otherwise control all of the rights to the UGC, including without limitation, any consents, assignments, licenses, permissions and authorizations (including the waiver of any moral rights) necessary for GHW and any of its authorized third party contractors to use the UGC for any lawful purpose; (b) the UGC is accurate; (c) the use of UGC does not violate this Agreement, any applicable laws or regulations, and will not cause injury to any person or entity; and (d) you will indemnify GHW for all claims relating to the UGC.

You give permission, authorization, and license and you grant GHW a non-exclusive, fully-paid up, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, transmit, perform, create derivative works from, distribute, and display such UGC, including the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Further, you waive all moral rights in and to all of the UGC that you post on, upload or otherwise submit to or through, the site in our favor and in favor of anyone we authorize to use the UGC. GHW may use, transfer, copy, reproduce, distribute, publicly display, digitally perform, modify, adapt, publish, translate, transmit, perform, create derivative works from and commercially exploit any UGC, including any ideas, concepts or know-how contained in a UGC for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products that use such content.

5. Site Monitoring and Enforcement, Suspension, and Termination

GHW has the right, without provision of notice, to:

1. Remove or refuse to post on the Website any User Generated Content for any or no reason, in our sole discretion.
2. At all times, take such actions with respect to any User Generated Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating this Agreement.
3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
4. Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of this Agreement.

YOU WAIVE AND HOLD HARMLESS GHW AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY GHW AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER GHW OR SUCH PARTIES, OR BY LAW ENFORCEMENT AUTHORITIES.

6. Privacy Notice

By submitting your personal information and using our Website, including but not limited to, User Generated Content you are subject to our Privacy Notice. Please review the entire Privacy Notice.

For more information on our Website’s cookie and automated information gathering practices, please see our Cookie Declaration.

7. Information is not Intended to Provide Medical Diagnosis, Advice, or Treatment

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) PROVIDED ON THE WEBSITE, VIA TELEPHONE, OR INCLUDED IN MARKETING MATERIALS IS NOT INTENDED TO BE PROVIDED OR RELIED UPON AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE STATEMENTS MADE ON OUR WEBSITES, VIA TELEPHONE, OR IN MARKETING MATERIALS HAVE NOT BEEN EVALUATED BY THE FDA (UNITED STATES FOOD & DRUG ADMINISTRATION). THE PRODUCTS AVAILABLE THROUGH THIS WEBSITE, VIA TELEPHONE, OR THROUGH ANY OTHER METHOD OF PURCHASE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THIS WEBSITE AND THE INFORMATION PROVIDED THROUGH THE WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS BY US OR THROUGH US ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR HEALTH AND UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING ANY NEW PROGRAM OR TAKING ANY SUPPLEMENT. GHW, ITS AGENTS, AND REPRESENTATIVES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL AVAILABLE ON THE WEBSITE OR THROUGH YOUR INTERACTION WITH US.

WHILE WE SEEK TO KEEP THE INFORMATION ON THESE MATERIALS ACCURATE AND UP-TO-DATE, GHW CANNOT AND DOES NOT REPRESENT, WARRANT, OR GUARANTEE, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE, OR UP TO DATE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND NEITHER GHW NOR ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR USE OF THIS WEBSITE.

8. 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 EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND MATERIAL ON THIS WEBSITE MAY BE CHANGED, WITHDRAWN, OR REMOVED AT ANY TIME, IN OUR SOLE DISCRETION, WITHOUT NOTICE. GHW 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 MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE PRODUCTS OR SERVICES OFFERED ON THE WEBSITE, THROUGH THE PHONE, OR VIA ANY OTHER METHOD OF PURCHASE OR AS TO THE ACCURACY, QUALITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY GHW WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GHW OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Geographic Restrictions

The owner of the Website is based in Fort Lauderdale, Florida, the United States. We provide this Website for use only by persons located in Canada, excluding Quebec. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

10. Links to Third Party Websites

The Website may provide links to other websites or resources, including advertisers, over which GHW has no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by GHW of that third party site’s content, product or services. Your access to and use of these links, is at your own risk. GHW makes no representations or warranties with respect to the content, ownership, or legality of any third party’s linked websites. You agree that GHW and its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through third party websites or resources or for any loss or damage that may arise from your use of them. When you leave the Website via a link to another website, you are subject to and should review that third party’s site’s privacy policy, terms of use, and other policies.

11. Product or Services available directly from GHW

GHW reserves the right, without notice (unless notice is required by applicable law), to discontinue products or services or modify specifications and prices on products or services without incurring any obligation to you. GHW takes reasonable steps in an effort to ensure that the prices set forth on the Website, or otherwise made available by us directly are correct, and to accurately describe and display the items available on the Website. However, when ordering products or services, please note that GHW 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 by GHW is not as described when you receive it or if the packaging depicted in our advertisements does not match what you receive, your sole remedy is to return it to us in an unused/unopened and undamaged condition in accordance with the terms of the Guarantee/Return Policy available on the Website or by calling a customer care professional at the telephone number included on or with the product you purchased or on the Website. Notwithstanding the foregoing, in the case of a material change in the terms of an automatic shipment program that you have accepted, GHW will provide you with a notice of the material change and information regarding how to cancel your participation in the program. GHW’s descriptions of, or references to, products or services not owned or distributed by GHW are not intended to imply endorsement of that product or constitute a warranty by GHW unless expressly stated on the Website.

Notwithstanding the foregoing, if you have created an account or are an existing customer under an automatic shipment program and where notice to change any and all aspect of our products or services, (including, but not limited to, discontinuing products or services and modifying specifications and/or prices on products or services) is required by applicable law, we will provide you notice using email and/or your mailing address, or any other contact information we have for you, in our sole discretion. Where required by law or at our discretion, this notice will be provided at least thirty (30) days before the change comes into effect (or such longer period as may be required by applicable law) and will, as required by law, set out the new or modified clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this Agreement rather than accept the change. To the fullest extent permitted by law, as your sole remedy and where required by law, you may refuse the modification and rescind, or cancel the this Agreement without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable law, your continued access to and/or use of the Website, or continued use of a GHW product or service, including through an automatic shipment program, after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms, as modified. If you do not agree to any modifications of these Terms, you must immediately stop using this website, and cancel your participation in any automatic shipment program.

12. Pricing Errors and Product or Service Unavailability

Prices, availability, and other purchase terms are subject to change at any time and generally without notice. All prices on the GHW Website or on the telephone are in United States dollars. If you are purchasing using a non-US credit or debit card, your financial institution may convert your payment into your local currency, and may charge a fee to do so. The amount we provide does not include any applicable exchange rates or cross border fees that may be imposed by your financial institution. We make every effort to provide accurate pricing information and to ensure product or service availability, however, GHW reserves the right to cancel any orders, or revoke any offer to correct errors, inaccuracies or omissions, including after receiving an order that has been submitted, confirmed or after your credit card has been charged. If your order is canceled 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.

13. Order Placement and Acceptance and our Rights Regarding Orders

If you order a product or service, payment must be received by GHW before your order is accepted. GHW may require additional information from you regarding your order if the information provided is incomplete or inaccurate.

We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. All Orders are subject to verification by us at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of these Terms.

14. Resellers

GHW does not accept orders from dealers, wholesalers, or customers who are resellers or intend to resell items. You represent and warrant that you are buying products or services for your own personal or household use only, and not for resale or export. If GHW discovers that you are placing orders with the intent to resell items, we will immediately cancel your order, suspend or terminate your account and, at our option, pursue any and all available legal remedies under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen credit cards, GHW will report you to federal, provincial, and/or local enforcement authorities.

15. Shipping & Handling

GHW will add, and you are responsible for all, applicable shipping and handling fees and sales tax to your order. Unless otherwise stated, GHW will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed order. Although GHW may provide delivery or shipment timeframes 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 GHW becomes aware that your order will be delayed or that any item or service is not available, GHW will contact you at the e-mail or phone number or street address you provided when placing your order and will inform you of the expected availability date and may offer you an alternative product or service. If GHW is unable to contact you, or if you contact GHW to cancel your order before your order is processed for shipping or if you do not wish to substitute the product or service, GHW will cancel the order and if previously charged, your credit card charge will be refunded. GHW shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The risk of loss and title for such items will pass to you upon our delivery to any third party carrier. GHW reserves the right to reject orders where the stated delivery address is outside Canada. Please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction (your "Order"). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping.

16. 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 (a) the credit card information you supply to us is true, correct and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices and in the posted currency, including all applicable taxes, if any. GHW 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, outdated, fraudulent or incomplete payment information to GHW or for any other reason that we, in our sole discretion, believe appropriate. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. You will be billed for your Order at the time your Order is placed, and if you have selected an automatic shipment service, thereafter every 30 days or on such other interval that may apply. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping or other charges. Taxes may depend on delivery location. You agree that your placement of an order on or through this Website is sufficient to satisfy any applicable Statute of Frauds and no further writing is required.

17. Automatic Shipment Terms

By placing an order online, by telephone, or through any other method of purchase, as part of an automatic shipment program YOU CONSENT TO CHARGES BEING AUTOMATICALLY MADE TO YOUR CREDIT OR DEBIT CARD FOR SUBSEQUENT SHIPMENTS AND AGREE THAT GHW MAY RESERVE THE PAYMENT INFORMATION FOR SUBSEQUENT SHIPMENTS. YOU ALSO AGREE THAT YOUR PARTICIPATION IN THE PROGRAM SHALL BE IN EFFECT UNTIL IT IS CANCELED BY YOU. Such charges will be made on the frequency and in the amounts disclosed to you when you made your purchase.

IF YOU PARTICIPATE IN AN AUTOMATIC SHIPMENT PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, THE PAYMENT FOR EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE SCHEDULED TIME OF EACH SHIPMENT 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 SHIPMENT PROGRAM, YOU MAY DO SO AT ANY TIME BY CONTACTING A CUSTOMER CARE PROFESSIONAL VIA: THE CONTACT US FORM PROVIDED ON THIS WEBSITE, TELEPHONE, OR BY USING THE CONTACT INFORMATION PROVIDED BELOW.

You agree that these Terms & Conditions, which are available on this Website and can be readily accessed, downloaded, and/or printed by you, shall constitute an acknowledgment of the terms of GHW’s automatic shipment program and information regarding how to cancel the program in a manner that is capable of being retained by you.

We may, in our sole discretion, terminate the program or your participation in the program, at any time, and will provide you with notice of the same. 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. You must promptly notify us of any changes to your credit card or payment information (e.g., change in billing address, credit card number or credit card expiration date) or 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 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.

18. Electronic Documents and Signatures

All information communicated on the Website is considered an electronic communication. When you communicate with any GHW company through or on the Website or via other forms of electronic media, such as e-mail, 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 submission constitutes 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 OR BY TELEPHONE. 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.

19. Communicating with GHW

You understand that all telephone calls, live chats, and other communications such as personal messaging or social media posts to or from GHW are monitored and recorded and YOU CONSENT TO SUCH MONITORING AND RECORDING. You verify that any contact information provided to GHW 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. To the fullest extent permitted by applicable law, you further agree that GHW and/or its agents may contact you at any telephone numbers, email addresses, etc. that you provide to GHW and/or its agents, including via text and/or an automatic telephone dialing system or artificial or prerecorded voice, for any purpose, including service or marketing, even if your telephone number is on a corporate, or National Do Not Call Registry . You understand that you are not required to provide such consent as a condition of receiving any good or service, and that such communications may be made by or on behalf of GHW. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that GHW will not be responsible for these charges.

GHW may obtain, and you expressly agree to be contacted at: e-mail addresses, mailing or shipping addresses, phone numbers or other methods of communication provided by you directly or obtained through other lawful means. You agree to call our Customer Service Department (please visit the Website for information on how to contact a customer care professional) or to provide GHW notice within 30 days of any change to your contact information by writing to: 4130 SW 28th Way, Fort Lauderdale, FL 33312, USA Attention: Customer Service or emailing: support@greathealthworks.com. Your consent to this communications provision is not required to make any purchase with GHW.

20. Text Marketing & Notifications

When you opt in to receive text messages from us you agree to receive recurring automated and personalized marketing messages and shopping cart reminder messages at the mobile phone number you have provided, even if your mobile number is registered on any territorial, provincial or federal Do Not Call list. You may expect to get occasional texts concerning: Text Alerts, Surveys, Welcome Messages, Customer Win-backs, Text Campaigns, Giveaways, Flash Sales, Upsells, Feedback or Review Requests, etc. If your device does not support MMS we will deliver a SMS. Message & Data rates may apply. You are solely responsible for all charges related to text messages, including charges from your mobile carrier. Consent is not a condition of use or purchase.

We determine shopping cart abandonment by using cookies and other tracking technology to check whether the existing user has already opted in for text marketing. We reserve the right to change the short code or phone number from which text messages are sent and we will notify you if we do so.

If you do not wish to be part of our service, you can unsubscribe at any time by texting “STOP,” “CANCEL,” “QUIT,” “END,” or “UNSUBSCRIBE” to any mobile message you received from us. You may get another text message confirming that you have unsubscribed from our service. You also agree that by sending an e-mail, calling in, or sending any other means of opting out or to unsubscribing or using words different from the ones presented above will not be reasonable means to unsubscribe from text messaging and marketing services. Confirmation of receipt of opt out messages or requests will also be delivered as a standard text message (SMS).

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. GHW, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

21. Limited Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL GHW, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR: (A) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ANY LOSS OF USE, LOSS OF REVENUES, PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (B) DAMAGES OR OTHER AMOUNTS IN THE AGGREGATE GREATER THAN THE AMOUNTS PAID BY YOU FOR THE ITEMS OR SERVICES THAT ARE THE SUBJECT OF THE ORDER THAT GAVE RISE TO THE DISPUTE, BUT IN NO EVENT GREATER THAN $100.00 USD. THIS SECTION APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE WHETHER OR NOT RESULTING FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (B) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE, VIA TELEPHONE OR THROUGH ANY OTHER METHOD OF PURCHASE; OR (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

22. Indemnification

You agree to indemnify and hold harmless GHW and all its directors, officers, employees, representatives, 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 legal fees and costs of litigation resulting from or in any way connected with (a) your use of the Website or a GHW controlled social media page or platform; (b) information you submit or transmit to GHW through the telephone, Website or any other method (including, but not limited to UGC); (c) 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 that is not owned by you, in contravention of this Agreement; or (d) your breach of this Agreement.

23. Termination, Suspension, Revision of Website

You agree that GHW 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 shall not be liable to you or to any third party for the consequences of such termination, suspension, or revision.

24. Pre-Dispute, Mandatory Binding Arbitration and Class Action Waiver

THIS SECTION 25 APPLIES TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.

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 AND THAT 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.

A) General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, GHW or its affiliates, agents or representatives or any involved third party relating to your account, your use of the Website, your relationship with GHW or this Agreement. This includes any, and all, Claims that arise from or relate in any way to your use of the products or services, your attempted use of the products or services, the use of the Website and any act or omission by GHW or any third party related to your use or attempted use of the products or services. You, GHW or any involved third party may pursue a Claim. GHW agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against GHW. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This includes Claims based on contract, tort, equity, statute, or otherwise, as well as Claims regarding the scope and enforceability of this provision. It includes all Claims by or against you, GHW and/or any affiliated person, company and/or agent or representative. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16D, as amended.

B) Exceptions

As an exception to binding arbitration, you and GHW 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 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.

C) Required Pre-Dispute Procedures

You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against GHW, you will first give us an opportunity to resolve your problem or dispute. You are required to send 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 Great HealthWorks, Inc., 4130 SW 28th Way, Fort Lauderdale, FL 33312, USA, Attn: Legal Department. You agree to negotiate with GHW 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 sixty (60) days after GHW’s receipt of your written dispute, you agree to the dispute resolution provisions below.

D) Commencing Arbitration

You and GHW agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one (1) year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be barred.

E) Arbitration Location

For your convenience, the arbitration may be conducted in the province or territory, city or town where you reside. If both you and GHW agree, the arbitration may be held by telephone, videoconference or through written submissions.

F) Organization, Rules and the Arbitrator

You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures (see www.jamsadr.com).

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability or enforceability of this Agreement and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this Agreement and whether a non-signatory to this Agreement can enforce this provision against you or GHW.

G) Fees

The parties shall share equally the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own fees, costs and expenses, including but not limited to, those for any attorneys, experts, documents and witnesses.

H) Award

The arbitrator shall follow Florida substantive law and any ordered relief shall be binding. The arbitrator may award any form of individual relief including injunctions and punitive damages. The arbitrator may award costs or fees to a prevailing party. 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 and, if applicable, to the extent it does not conflict with the procedural rights under the Ontario Consumer Protection Act.

I) Enforceability

This provision survives termination of your account or relationship with GHW, 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.

J) Miscellaneous

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 one (1) year limitation period set forth above. This provision is the entire arbitration agreement between you and GHW and shall not be modified except in writing by GHW.

K) Amendments

GHW reserves the right to amend this arbitration provision at any time. Your continued use of any GHW Website, purchase of a product or service on or through a GHW Website, or by any other method, or use or attempted use of a GHW product or service following the posting of an amendment to this arbitration provision constitutes your consent to such changes. Should the changes to this arbitration provision be material, GHW will provide you notice and an opportunity to opt out. Your continued use of any GHW site, purchase of a product or service or use or attempted use of a GHW product or service is affirmation of your consent to such material changes.

L) YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE INITIAL DATE OF PURCHASE BY TELEPHONE OR THROUGH THIS GHW WEBSITE, BY WRITING TO GREAT HEALTHWORKS, INC., 4130 SW 28TH WAY, FORT LAUDERDALE, FL 33312 USA, 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 BE USED, WITHIN THE THIRTY (30) DAYS OF THE INITIAL DATE OF PURCHASE. UNTIMELY OPT OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.

25. Survival

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 and disclaimers regarding information provided on the Website, disclaimer of warranties with respect to use of the Website, limitation on GHW’s liability, and pre-dispute procedures, mandatory binding arbitration, and class action waiver shall survive any such termination, suspension, or revision.

26. Governing Law and Choice of Forum

This Agreement is governed by the laws of the state of Florida, United States. To the extent permitted by applicable law, you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions set forth 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. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

27. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement for any failure or delay in our performance under this Agreement when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats, or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

28. GHW Remedies

In order to prevent or limit irreparable injury to GHW, in the event of any breach or threatened breach by you of any provisions of this Agreement, GHW shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting GHW from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

29. Modifications to These Terms and Conditions

We reserve the right, in our sole discretion, to modify or update the entirety of these Terms, or any portion of them, at any time and from time to time. We will notify you of any changes to these Terms by notice on this Website at least thirty (30) days before the modification comes into effect. In addition, if you have created an account or are an existing purchaser under an automatic shipment program, where required by law or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. Where required by law or at our discretion, this notice will be provided at least thirty (30) days before the change comes into effect (or such longer period as may be required by applicable law) and will as required by law set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this agreement rather than accept the change. To the fullest extent permitted by law, as your sole remedy and where required by law, you may refuse the modification and rescind, or cancel the this agreement without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable law, your continued access to and/or use of the Website, or continued use of a GHW product or service, including through an automatic renewal program, after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms, as modified. If you do not agree to any modifications of these Terms, you must immediately stop using this website, and cancel your participation in any automatic shipment program.

30. Our Intellectual Property Rights and the Intellectual Property Rights of Others

You acknowledge that content published by us or available through this Website, any other GHW Website or other pages, or social media 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 (collectively the “Intellectual Property”), is protected by copyright, trademark, patent, or other proprietary rights and laws and are the property of GHW, its respective affiliates and/or third parties. 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 GHW’s 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 company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

A) Trademarks

All trademarks and service marks displayed on the Website or on products or services of GHW are the property of a GHW company or other respective owners. You may not use or display any trademarks or service marks owned by any GHW company without GHW’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.

31. Copyright Policy and Reporting Claims of Copyright Infringement

GHW respects the copyright and intellectual property rights of others and may, without notice and without limiting any other rights or remedies we may be entitled to under our Website Terms and Conditions or otherwise at law, we reserve the right to remove any content that appears to infringe the copyright or other intellectual property rights of others. In addition, GHW may terminate Website and/or account access by users who appear to infringe the copyright or other intellectual property rights of others or take such other actions deemed necessary or appropriate in the circumstances in our sole discretion.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, you may request a notice of claimed infringement, so that we send a notice to the alleged infringer by submitting written notification to our Copyright Agent (designated below). The written notice (the "Notice") must include following:

1. Your name and address, and any other particulars prescribed by regulation that enable communication with the claimant that we may advise you from time to time.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
3. A statement describing your interest or right with respect to the copyright in the work or other subject matter.
4. Identification of the location of material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a link to the infringing material).
5. Description of the infringement that is claimed.
6. A statement specifying the date and time of the alleged infringement.
7. Any other information that may be prescribed by regulation that we may advise you of from time-to-time.

The Notice may not contain any of the following:

1. An offer to settle the claimed infringement.
2. A request or demand relating to the claimed infringement for payment or for personal information.
3. A reference, including by way of hyperlink, to such an offer, request, or demand.
4. Any other information that may be prescribed by regulation that we may advise you of from time-to-time.

A) Copyright Agent Contact Information

Our designated Copyright Agent to receive Notices is:

Office of General Counsel

Great HealthWorks, Inc.

4150 SW 28th Way,

Fort Lauderdale, FL 33312, USA.

1(833) 663-4295

legal@greathealthworks.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and all legal fees, disbursements, and charges).

B) Forwarding Notice to Alleged Infringer

If we receive a Notice in the prescribed form, we will, as soon as feasible, forward the Notice electronically to the person to whom the electronic location identified by the location data in the Notice belongs and inform you of our doing so. If, for some reason, it is not possible for us to forward the Notice to such person, we will confirm with you the reasons therefore.

C) Record Retention

We will retain records of Notices in compliance with our obligations under applicable laws and regulations.

32. Additional Terms

The GHW company operating this site or providing products and services through this site, may assign, transfer or sub-contract any of its rights or obligations under this Agreement to any third party or any GHW company at its discretion and upon any such assignment this Agreement shall be novated and the assignee shall assume all the rights, obligations and liabilities of GHW and GHW is hereby released. You may not and will not assign any of your rights or delegate any of your obligations under these Terms & Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement. In addition to Section 25, any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with GHW. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you. No failure or delay by GHW in exercising any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof or shall affect GHW’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by GHW in writing. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This Agreement supersedes and replaces any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

33. Reporting and Contact

This Website is operated by Great HealthWorks, Inc. 4150 SW 28th Way, Fort Lauderdale, FL 33312, USA.

All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Policy in the manner set out therein.

Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to GHW at: legal@greathealthworks.com.

Should you need anything in the future, please don’t hesitate to call the Great HealthWorks Customer Care Department at 1-800-488-8082 during our regular business hours Monday through Friday 9:00 AM to 6:00 PM EST for any requests. This number is also printed on our bottles label for your convenience. You may also write us at address listed above. For your protection, we will require account verification prior to making any adjustments to your account.

All other feedback, comments, complaints, requests for technical support, and other communications relating to the Website should be directed to: legal@greathealthworks.com.