Terms and Conditions of Use

1. Registration or Guest Checkout

When and if you set up an account with us and register to place orders through the Site or opt to place orders using the guest checkout option on the Site, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our forms (including your email address), and (b) maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, stale, or incomplete, we reserve the right to terminate your access to and use of the Site.

As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities conducted through your account.

2. Your Use of the Site

The design and contents of this Site (including all assessments, scorecards, training media, and educational content), as well as data, products, services, videos, photos, and other information and materials contained in this Site, are owned by and proprietary to G8way and are protected by applicable law, including copyright laws, trademark laws, patent laws, anti-piracy laws, and other intellectual property laws.

The use of any of our trademarks, content, and intellectual property is forbidden without G8way’s express written consent. Without limiting the generality of the foregoing, you must not directly or indirectly:

• Provide your username or password to any other person or entity with the effect that such person obtains access to any login area of this Site;
• Publish, modify, transmit, or publicly display any confidential or proprietary contents of the Site;
• Sell or rent any contents or information of any kind on the Site;
• Reproduce, duplicate, create derivative, copy, or otherwise exploit any contents of the Site;
• Redistribute any contents or information on any portion of this Site, including onto another website.

You agree to use the Site solely for lawful purposes and in a way that does not infringe or compromise the rights of G8way or adversely affect the rights of other users. We may terminate your access to and use of the Site immediately if you fail to comply with these rules.

3. Your Submissions

In the event that you post or upload to the Site, or otherwise submit to G8way as part of your use of the Site, any assessments, scorecards, photographs, videos, images, testimonials, texts, emails, graphics, sounds, links, or other data or materials of any kind (collectively “Submissions”), G8way will automatically and immediately acquire ownership of such Submissions and will specifically have the worldwide, non-exclusive, sublicensable, assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, sell, reproduce, distribute, create derivative works of, and publicly display and perform any and all such Submissions.

You represent, warrant, and covenant that your Submissions do not and will not infringe, misappropriate, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable.

We recommend that you keep back-up copies of your Submissions on your hard drive or other personal system, as the Site is not intended to be used as a backup solution.

4. Forums

The Site may permit users to share their Submissions with other users through user forums (“Forums”). We neither endorse nor are responsible for messages or statements made by Forum participants. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. We may, but have no obligation to, monitor the Forums and any materials displayed on or through them.

5. Making Purchases

If you wish to purchase any products or services through the Site, we will ask you to supply certain information applicable to your purchase, including payment and other information. Any such information will be treated as described in our Privacy Policy.

All information that you provide to us or our third-party payment processor must be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Price and availability of any products or services are subject to change without notice.

6. Product Information

All materials and information presented by G8way on this Site are intended to be used for personal educational or informational purposes only. The statements made about our services and products have not been evaluated by the U.S. Food and Drug Administration, and the results reported, if any, may not necessarily occur in all individuals.

Such materials, information, statements, services, and products are not intended to diagnose, treat, cure, or prevent any condition or disease. Use of the Site is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any services, products, or information received from the Site before using or relying on them.

IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

7. Copyright Issues

G8way is committed to protecting copyrights and expects users of the Site to do the same. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. DMCA notices and counter-notices regarding the Site should be sent to:

8. Term and Termination

These Terms shall remain effective until terminated as set forth herein. We may immediately terminate these Terms, or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause or notice to you. Upon termination of these Terms, you will cease all use of the Site.

9. Third-Party Websites, Software, and Sites

The Site may provide links for, or may direct you to, websites or other media operated by third parties (“Third-Party Properties”). We have not reviewed all of the Third-Party Properties to which you may be linked or directed, and we have no control over such Third-Party Properties. We are not responsible for the content, operation, or privacy practices of such Third-Party Properties. The fact that the Site directs you to such Third-Party Properties does not indicate that G8way approves or endorses them.

10. Indemnification

You agree to indemnify, defend, and hold harmless G8way, our distributors, partners, licensors, advertisers, and sponsors, and our and their directors, officers, employees, consultants, agents, and other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) your Submissions; or (c) your activities in connection with the Site.

11. Disclaimer of Warranties

THE SITE, INCLUDING ALL MATERIALS INCORPORATED HEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, G8WAY AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER G8WAY NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF G8WAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF G8WAY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE IS LIMITED TO THE AMOUNT YOU PAID TO US.

13. Testimonials

Testimonials that appear on this Site are actually received via text, email, audio recording, video submissions, or other media. They are real-life experiences of those who have used our products or services in some way. They reflect individualized and personal results, which may vary from client-to-client.

We do not claim that one client’s results will be typical or identical to another client’s results. Therefore, no G8way client or Site user should conclude or assume that their results will be similar to or better than those reflected in the testimonials.

Neither G8way nor the authors of testimonials on our Site claim that G8way’s products or services can be used to diagnose, treat, cure, or prevent any injury. G8way is not responsible for any third-party opinions or comments posted on social media or in client forums.

14. Miscellaneous

These Terms are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Collin, Texas, United States of America.

This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

If you have any questions or comments regarding these Terms, please contact us at info@g8waymax.com.