Privacy Policy and Web Site Agreement

Privacy Policy (Effective 12/11/2007)

Overview

At The GBG Vitality Team and Market Vitality, protecting our users' privacy and security is a top priority. For this reason, we have adopted the following policy to advise you of your choices regarding the use of your personal information online. This policy describes what types of information we gather about you, how we use it, under what circumstances we disclose it to third-parties, and your rights to update or correct it.

Scope of Policy

This Policy applies to The GBG Vitality Team, an online community of consumers and Independent Representatives of the GBG Health and Wellness company and Market Vitality, an online Small Business marketing and distribution consultancy.  It does not apply to other companies' or organizations' web sites to which we link. You should carefully review the privacy policies of those web sites in order to determine how they treat your personal information.

INFORMATION ABOUT YOU

Information Gathered From All Visitors
 
Aggregate Data

We gather certain generic information with respect to customers' use of our web site, such as the number of unique visitors, the frequency with which they visit, and the areas on the web site that they favor. These statistics are very much like television ratings that tell the networks how many people tuned in to a program. We only use this type of data in aggregate-that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our customers use certain parts of our web site, which, in turn, enables us to make it as appealing as possible. We may also provide statistical "ratings" about how our customers collectively use our web site to advertisers, sponsors, and other companies with which we do business ("Business Partners"). We do this so they, too, can understand how often people use their areas of the site in order for them to provide you with the best possible experience. These statistical ratings do not contain any personally identifiable information about you or any of our users.

Cookies

We use a technology nicknamed "cookies" on our web site. Cookies are pieces of information or data sent to your browser from a web server and stored on your computer's hard drive for record-keeping purposes. We use cookies to make your visit to our web site easier. For example, cookies allow us to recognize you when you re-enter our web site so that you will not have to sign-in each time you visit. Cookies also allow us to count the number of unique and return visitors who use our site. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser to notify you when you've received a cookie or, alternatively, to refuse to accept cookies. It is important to note that you may not be able to use certain features on our web site if you choose not to accept cookies. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site.

Third Party Advertiser Cookies

We use third-party advertising companies to serve our ads on the Internet. These third-party advertising companies employ cookie and Clear Gif technology (aka 1x1 Pixel .gifs, Web bugs) to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our Web site and other Web sites. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, the IP address. This information can also be used for online preference marketing purposes. The GBG Vitality Team does not use or have access to this information.

If you want to prevent a third-party advertiser from setting and/or reading cookies on your computer, currently you may either visit each ad network's web site individually and opt out or visit the web site of the National Advertising Initiative ("NAI") to opt-out of all network-advertising cookies. Click here for the NAI gateway opt-out site. This site will also allow you to review the third-party advertising companies' privacy policies.

Advertising Research Cookies

From time-to-time, outside third party research companies may set cookies on your browser regarding exposure to certain ad placements. These cookies may be used later for research purposes if you later opt-in to take a survey. If you choose to take the survey, these companies may examine your browser to see if a one of their cookies has been set. If the company detects the cookie in your browser, it will gather only 2 pieces of information from it: where you have seen a particular ad and; how many times you have seen it.

IP Addresses

We collect and analyze traffic on our web site by keeping track of the IP addresses of our visitors. IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet. An IP address, by itself, cannot identify you personally. However, when combined with other information provided by your Internet Service Provider (ISP), your IP address can be used to identify the computer originating a message.

Communications from The GBG Vitality Team

We send to all of our users our exclusive Viva Vitality Newsletter, which alerts you to new features, content, and services, premiums available on our site. From time to time, we will also send you invitations to enhance your The GBG Vitality Team membership, offers for new products and services from The GBG Vitality Team, special "Members Only" premiums, or special offers from our affiliates and sponsors. These communications are sent to you directly by The GBG Vitality Team. We do not share your personally identifiable information with any third parties in connection with the Newsletter.

You can always decline the Newsletter by un-checking the opt-out box on the pages or registration pages on our site. If you are already receiving the Newsletter and you want to unsubscribe, you can simply follow the "unsubscribe" links at the bottom of each edition. For other ways to unsubscribe, see Opt-Out/Changing Your Status, below.

Communications from Our Business Partners

The GBG Vitality Team also offers you the opportunity to receive money-saving offers, discounts, and promotions from our Business Partners. These communications may come from The GBG Vitality Team or directly from the Partners themselves. We may also share with them certain demographic, geographic, preference, and other personally identifiable information we have gathered about you. This will help them in directing to you offers that are more likely to be of interest.

This program is conducted strictly on an opt-in basis. In order to receive the offers, you must affirmatively check the clearly marked box on our pages and registration pages on our site. If you leave the box unchecked, you will not receive any offers. If you do sign up for the program but later change your mind, you are free at any time to opt-out by following the procedures outlined in Opt-Out/Changing Your Status, below.

Mandatory Communications

The GBG Vitality Team reserves the right to communicate with you from time to time about important administrative, policy, legal, credit card, and billing matters, which will affect your use of our web sites, including without limitation any alleged violations of our Terms of Service. These communications are mandatory.

Information Gathered From Members

If you elect to purchase a GBG product from an Individual Representative using The GBG Vitality Team website, you will be required to provide GBG Health and Wellness with certain personal information, including your name, e-mail address, phone number, credit card number, expiration date, social security number and billing address (this required information is subject to change from time to time). There will also be opportunities for you to provide us with additional information regarding your preferences and interests. This information, however, is not required and is completely optional on your part.  The GBG Vitality Team does not have access to this information.  It is maintained and secured by GBG Health and Wellness.

THE GBG VITALITY TEAM'S USES OF PERSONAL INFORMATION

If you have provided us your consent, we will use the information we have collected about you in five ways:

To send personalized, targeted information that we think our users will find relevant; 

To include targeted advertising within such messages; 

To send promotions and coupons based on the user's interests; 
To contact the user for feedback and surveys; and 
To send the user other information about The GBG Vitality Team.

Third Party Information Sharing

Generally, we do not share your information with third parties. We do reserve the right to share your information with third party companies we may use to offer premiums, maintain subscriptions and perform other service functions. We do not share equipment or databases with these companies and will not share your credit card information with them without your express permission. Additionally, any company we use will not share, sell, distribute or use your information except to provide us services.

Order Fulfillment

From time to time, you may be given the opportunity to order products and services directly on the The GBG Vitality Team site, the Newsletters, or in other communications you may receive from The GBG Vitality Team. These orders are typically fulfilled by The GBG Vitality Team's Business Partners directly.  However, in accepting these offers, you become a customer of the Business Partner and therefore subject to its privacy policy.  We encourage you to review these companies' privacy policies and only do business with those who adhere to personal information practices with which you are comfortable.  If your order is to fulfilled by Market Vitality this policy will govern use of your information.

Disclosure Exceptions

Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third-parties if we are required to do so by law or we believe that such action is necessary:

 To comply with legal process such as a search warrant, subpoena or court order;
 To protect the company's rights and property;
 To investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
 To protect against misuse or unauthorized use of our web site and/or the The GBG Vitality Team service; or
 During emergencies, such as when we believe someone's physical safety is at risk.

YOUR CONTROL OVER YOUR PERSONAL INFORMATION

Opt-Out/Changing Your Status

At any time, you can change choices you have previously made as to the use of your personal information. Every communication The GBG Vitality Team sends you will contain a clearly worded "Opt-Out" or "Unsubscribe" link allowing you to withdraw your permission for future mailings. Alternatively, you can send a blank e-mail to webmaster@gbgvitality.com and type "Remove" in the subject field.  Permission changes will be honored as soon as possible after receipt. Please allow five to seven days for processing. Permission changes will however not affect any information which you provided to our Business Partners.

California Residents

California Residents. As of January 1, 2005, California Civil Code Section 1798.83 permits visitors to this Site who are residents of California to request information regarding The GBG Vitality Team's disclosure of their information to third parties for direct marketing purposes. To make such a request, please send an e-mail to info@gbgvitality.com.

OTHER MATTERS

Protection For Children - COPPA Compliance

We are committed to protecting the privacy and rights of children online. We believe that children should be able to use the Internet in a safe, productive, and efficient manner and should be afforded the highest protection available with respect to their personal information. To that end, we have made it our policy to not collect any individually identifiable information from users whom we know are under the age of 13.

The Children's Online Privacy Protection Act ("COPPA") imposes certain requirements upon web sites and online services that are directed toward children. To learn more about COPPA, click here for the Federal Trade Commission COPPA Web Site.

Contests and Promotions

Occasionally, The GBG Vitality Team may sponsor contests and/or promotions on our sites or in our e-mail products. Participation in such contests is purely voluntary. In order to enter a contest or promotion, you may be asked to provide personally identifiable information. By entering, you agree to all of its terms and conditions, which will be clearly outlined in the rules. Where a contest or promotion is not sponsored by The GBG Vitality Team, the identity of the sponsor will be clearly disclosed in the rules. The GBG Vitality Team cannot be responsible for actions or policies of third-party contest sponsors. Users are encouraged to review the relevant privacy policy of the sponsor before entering.

Sale of Assets

In the event that Market Vitality, The GBG Vitality Team and/or its units or subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any personally identifiable information contained therein, to a third-party acquiring The GBG Vitality Team's assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our site, with links to information as to how you can change your privacy preferences.

Changes to the Privacy Policy

The GBG Vitality Team will occasionally update this Privacy Policy in response to changing business circumstances and legal developments. When The GBG Vitality Team posts changes to this Policy, you will see the word "updated" next to the Privacy Policy link on the front page of The GBG Vitality Team Sites. If there are material changes to this Policy or in how The GBG Vitality Team uses your personally identifiable information, The GBG Vitality Team will prominently post such changes prior to implementing the change. The GBG Vitality Team encourages you to periodically review this Policy to be informed of how we are protecting your information.

USE COMMON SENSE IN ALL YOUR ONLINE ACTIVITIES

Even the best policy can't protect your online privacy and security in all circumstances. Unscrupulous advertisers, hackers, and scam artists are constantly searching the Internet looking for new targets. Your best protection is to understand the limits to privacy on the Internet and use common sense in all of your on-line activities.

Be aware that e-mail is an inherently insecure form of communication. Remember that third parties are sometimes able to illegally intercept your unencrypted messages, including online greetings. Anytime you visit a chat room or post a message to an on-line bulletin board, your e-mail address can be accessed by advertisers looking to compile lists for unsolicited commercial e-mail (also known as spam). Be sure that you only disclose your e-mail address in circumstances in which it is safe to do so.
Beware of scams in which persons unknown to you request your screen name, password, or credit card information. Make sure you verify the identity of anyone asking for personal information. Always monitor your children's on-line activities and educate them as to the rules for safe Internet use. For more information, click here for the Internet Education Foundation's Online Safety Guide for Kids.

As always, if you have any questions, please feel free to contact us at The GBG Vitality Team:  info@gbgvitality.com

The gbgvitality.com Web Site (the "Site") is an online information service provided by Market Vitality ("gbgvitality.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. gbgvitality.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are gbgvitality.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to gbgvitality.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to gbgvitality.com by all means and in any media now known or hereafter developed. You also grant to gbgvitality.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against gbgvitality.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to gbgvitality.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of gbgvitality.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by gbgvitality.com, gbgvitality.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for gbgvitality.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with gbgvitality.com a. You also understand that gbgvitality.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. gbgvitality.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND gbgvitality.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. gbgvitality.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. gbgvitality.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

 

LIMITATION OF LIABILITY
IN NO EVENT WILL gbgvitality.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF gbgvitality.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, gbgvitality.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

gbgvitality.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-gbgvitality.com web site, please understand that it is independent from gbgvitality.com, and that gbgvitality.com has no control over the content on that web site. In addition, a link to a gbgvitality.com web site does not mean that gbgvitality.com endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless gbgvitality.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of gbgvitality.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between gbgvitality.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. gbgvitality.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. gbgvitality.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

 As always, if you have any questions, please feel free to contact us at The GBG Vitality Team:  info@gbgvitality.com

Statements made in this website have not been evaluated by the Food and Drug Administration.  GBG Health and Wellness Products are not intended to diagnose, treat, cure, or prevent any disease.

Information provided on this site is not provided as a substitute for a Patient/Doctor relationship.  All consumers of dietary supplements are encouraged to consult with their Doctor before starting any dietary supplementation.

This website has been developed and is maintained by Independent Representatives of the GBG Health and Wellness company.