Terms and Conditions of Use
Welcome to the website for G8way Max LLC. Before using or registering with this website, please read the following Terms and Conditions of Use (“Terms”) carefully. These Terms govern your access to, and use of, this Site. As used in these Terms, the word “Site” collectively means this website; our apps for iPhones and Androids; and any other products, services, software, tools, applications, features, or functionality offered or made available on or through this website or our apps, including any login webpages provided through this website or our apps.
Your access to and use of the Site are expressly conditioned on your acceptance of and compliance with these Terms. If you do not agree with all or any of these Terms, you are prohibited from using or accessing this Site. By accessing and using our Site, you expressly consent to these Terms, and any violation of these Terms may result in termination of your ability to access and use the Site.
This Site, as well as any and all Submissions (defined in Section 3 below) uploaded to or made available on or through this site, are proprietary to G8way and are protected by copyrights, trademarks, and other intellectual property rights owned by or applicable to G8way. G8way reserves solely to itself all rights, title, and interest in, to, and under this Site and any such Submissions.
In order to use the Site, you must be at least 13 years of age. You represent that you are at least 13 years old. If you are not at least 13 years of age, please do not access, use, or register with the Site.
We reserve the right at any time to change all or any part of these Terms; change the Site, including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including posting on the Site or by electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
As used in these Terms, the words “G8way,” “we,” “our,” or “us” refer to G8way Max LLC and its subsidiaries, successors, and assigns.
- Registration or Guest Checkout
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, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. 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. We may, in our sole and absolute discretion, terminate your access to this Site or cancel your username or password for any reason, including your violation of any of the Terms.
You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, applicable) that are conducted through your account.
- 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 (whether digital, written, or other), 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, rules, regulations, case law, and other pronouncements having the effect of law.
All copyrights, trademarks, patents, and other intellectual property rights in, to, and under this Site (including rights applicable to products or services provided by G8way), and all contents and software located on or available in or operating under this Site, remain the sole property of G8way or our licensors.
The use of any of our trademarks, content, and intellectual property is forbidden without G8way’s express written consent, which may be given or withheld in G8way’s sole and absolute discretion. Without limiting the generality of the foregoing provisions, you must not (at any time) directly or indirectly:
- Provide your username or password to, or share one or both with, any other person or entity with the effect that such person or entity obtains access to any login area of this Site or to any confidential or proprietary contents of, or information or materials, any portion of the Site;
- Publish, modify, transmit, publicly display, or otherwise violate the confidential or proprietary nature of any contents of, or information or materials on, any portion of the Site;
- Sell or rent any contents of, or information or materials of any kind on, any portion of the Site;
- Reproduce, duplicate, create derivative, copy, or otherwise exploit any contents of, or information or materials on, any portion of the Site; or
- Redistribute any contents of, or information or materials on, any portion of this Site, including onto another website.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, nontransferable, non-sublicensable, limited right and license to access and use the Site, including any images, text, graphics, sounds, data, links, and other materials incorporated into the Site (other than your Submissions, as defined in Section 3 below), solely as made available by us and solely for your own personal use.
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 of this Site. Without limiting the generality of the preceding sentence, while using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including others’ privacy rights or rights of publicity;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using the Site, including by means of “hacking” or defacing any portion of the Site;
- Violate any applicable laws or regulations;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary, or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Site;
- “Frame” or “mirror” any portion of the Site, or link to any page of or material on the Site other than the URL located at https://www.g8waymax.com/ or the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site; or
- Harvest or collect information about users of the Site without their express consent.
We may terminate your access to and use of the Site immediately if you fail to comply with the above rules.
- 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 (including any products or services of G8way), any assessments, scorecards, photographs, videos, images, testimonials, texts, emails, graphics, sounds, links, or other data or materials of any kind or content (whether oral, written, digital, analog, or otherwise) (collectively “Submissions”), G8way will automatically and immediately acquire ownership of such Submissions and, without limiting the generality of such ownership, will specifically have the worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, sell, transfer, encumber, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform any and all such Submissions.
You represent, warrant, and covenant that, at the time your Submissions are submitted to or through the Site, you own or otherwise possess all necessary rights with respect to your Submissions, and that your Submissions do not and will not infringe, misappropriate, use, or disclose without authorization, 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.
None of the Submissions will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part, and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor or filter any Submissions (including by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit, or otherwise use any Submission (including by suspending the processing and shipping of any order relating to any Submission); or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Site; to protect our associates, distributors, partners, licensors, advertisers, sponsors, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
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 for storing your Submissions.
The Site may permit users to share their Submissions with other users, including through our user forums (“Forums”). Some Forum participants may use anonymous screen names and may have no other connection with G8way. A large volume of material is available in our Forums, and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive.
We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information, or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of G8way.
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. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted, or otherwise made available on or through the Forums.
- Making Purchases
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 and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
- Product Information
All materials and information presented by G8way on this Site or on or accompanying G8way’s services or products 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. All products and services should be used and performed strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for services and products. 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. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition.
G8way does not give or intend to give any answers to medical related questions, and this Site does not replace any medical professional or medical resource. G8way does not represent itself as a physician or healthcare provider or practitioner nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site.
IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
- Copyright Issues
G8way is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
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. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
(d) the name, address, telephone number and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Site should be sent to:
G8way Max LLC
ATTN: Legal Department
- Web Addresses (URLs)
As part of the personal webpage program that G8way offers to its coaches and clients, we may provide you with access to and use of certain personalized pages on the Site and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate, or transfer any such webpage or URL.
- 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. Except for the license to access and use the Site granted to you in Section 2, the rights and obligations of the parties as set forth herein will survive termination.
- 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 or products and services offered by third parties (collectively “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 (a) the content and operation of such Third-Party Properties, or (b) the privacy or other practices of such Third-Party Properties.
- Mobile Services
If you access the Site via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. We reserve the right to charge for such mobile phone access in the future. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
- Access by Minors
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
- Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree to indemnify, defend, and hold harmless (i) G8way, (ii) our distributors, partners, licensors, advertisers, and sponsors, and (iii) 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—except where prohibited by law), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Submissions; or (c) your activities in connection with the Site.
- Disclaimer of Warranties
THE SITE, INCLUDING ALL MATERIALS INCORPORATED HEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCE, G8WAY MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE CONTENT CONTAIN ON THIS SITE OR ANY WEBSITES LINKED TO THIS SITE.
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, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE AND OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS OFFERED, OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF G8WAY OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, OR AGENTS, WHETHER MADE ON OR THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND YOUR PURCHASE OR USE OF G8WAY’S SERVICES OR PRODUCTS IS ENTIRELY AT YOUR OWN RISK.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER G8WAY NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY OR DEATH, OR ANY OTHER INTANGIBLE LOSSES), EVEN IF G8WAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE.
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. IN ALL CASES, G8WAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
- Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSIONS OF CERTAIN LIABILITY LIMITATIONS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 (INDEMNIFICATION), 15 (DISCLAIMER OF WARRANTIES) AND 16 (LIMITATION OF LIABILITY) MAY NOT APPLY TO YOU. IN PARTICULAR, IF YOU ARE A RESIDENT OF NEW JERSEY, SECTIONS 14, 15, AND 16 OF THESE TERMS SHALL NOT APPLY TO YOU, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY LINKED, INCORPORATED, OR OTHERWISE REFERENCED DOCUMENT, POLICY, OR OTHER PROVISION OF THESE TERMS.
- Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order, or our Customer Advocate department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
- Policy for Idea Submission
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at G8way, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving the Site and our services and products; however, please note that any such ideas or suggestions that you submit will be owned by G8way, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to G8way. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Submissions, subject to the proprietary interest and worldwide license granted to G8way in Section 3 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a message to email@example.com. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by G8way in order to evaluate your idea or suggestion.
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.
The testimonials displayed on this Site are exact quotations except that grammatical or typographical errors may have been corrected or that longer statements may have been shortened. To ensure accuracy, all testimonials on G8way’s Site appear after they have been reviewed by our authorized personnel.
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 her or his results will be similar to or better than those reflected in the testimonials or that the testimonials encapsulate experiences that are or will be available to, or representative of, all clients will use our products or services.
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’s products and services have not been the subject of any clinical tests em by G8way.
G8way is not responsible for any third-party opinions or comments posted on social media or in client forums, even in the case of platforms that G8way may provide to clients who choose to share their experiences with one another. The testimonials are never intended to make claims that our products or services can be used to diagnose, treat, cure, mitigate, or prevent any injury. Any such claims (whether implicit or explicit) have not been clinically tested or evaluated.
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, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place, or circumstance, is held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places, and circumstances will remain in full force and effect.
No waiver by G8way of your breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission by G8way to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
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.
These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
For purposes of these Terms, the word “or” will mean “ and / or”; and the word “include” or its derivatives (such as “includes,” “included,” and “including”) will mean “include without limitation.” Whenever in these Terms the singular number is used, the same will include the plural where appropriate (and vice versa), and words of any gender will include each other gender where appropriate.
If you have any questions or comments regarding these Terms, please contact us at firstname.lastname@example.org.