Terms of Service

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.

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 (including your email address) 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.  Our use and disclosure of any such information that you provide is governed by our Privacy Policy.

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.

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 (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.

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 (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.

4. Forums

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.

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 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.

6. 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.

7. 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

Email: info@g8waymax.com

8. 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.

9. 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.

10. 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.

The fact that the Site directs you to such Third-Party Properties does not indicate that G8way approves or endorses any Third-Party Properties.  We link or direct you to such Third-Party Properties only as a convenience.  You are responsible for the costs associated with such Third-Party Properties, including any applicable license fees and service charges.  Accordingly, we encourage you to become familiar with the terms of use and practices of any such Third-Party Properties.

11. 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.

12. 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.

13. 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.

14. Indemnification

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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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 info@g8waymax.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.

20. 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.

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.

21. 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, 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 info@g8waymax.com.

Updated 11/01/2022

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Privacy Policy

Privacy Policy

Last Revised: November 1, 2022

As used in this Privacy Policy (“Policy”), the words “G8way,” “we,” “our,” or “us” refer to G8way Max LLC and its subsidiaries, successors, and assigns; the word “or” means “and / or”; and the word “include” or its derivatives (such as “includes,” “included,” and “including”) means “include without limitation”.  If the language or interpretation of any provision of this Privacy Policy conflicts in whole or part with the language or interpretation of any provision of the Terms and Conditions of Use of G8way’s website (“Website Terms”), then such Website Terms will control and take precedence over this Privacy Policy.

This Policy applies to all information collected by G8way through its online properties and mobile applications (collectively “Site”) where this Policy is posted.  It also applies to information that G8way collects through offline methods.  Unless otherwise expressly indicated, this Policy does not apply to the collection or use of information obtained by or from sources other than G8way, unless it then is shared with and retained by G8way.

The purpose of this Policy is to inform you of the kinds of information we may collect; how such information may be used; with whom such information may be shared; your choices regarding the collection, use, and sharing of such information; your ability to access and correct such information; and the security procedures we use to protect this information.

1. What information does G8way collect?

Information You Provide Us Directly

At different occasions, you may provide information directly to G8way, such as first and last name, mailing address, telephone number, email address, credit card information, banking information, biometric data, and biographical information (including date of birth, education, and marital status).  For example, you may provide us with information when using the Site or when becoming a G8way client.  If you do not furnish us with the necessary information, then in some cases we will not be able to provide you with the services or products you have requested.  If you disclose to us any information of, from, or about another individual, you are required to have secured the appropriate consent of that individual for disclosing such information to us.

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.  We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone.  This also applies when you register for our Site, sign up through any of our forms using your email address, or make a purchase on this Site. For further information see the email policies below.

Information About Your Device and Your Use of the Sites

We may gather certain information automatically, such as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamps, your Site activity (including the Site content you view, mouse movements, mouse clicks, taps, swipes, and information you view), and/or clickstream data for purposes such as analyzing trends, administering the Sites, improving the function and content of the Sites, and enforcing our Website Terms.

We use standard Internet technologies, such as cookies, web beacons, session replay/screen capture, and similar technologies to collect this information, as explained below in the section on cookies.  We may also collect precise information about your location, such as your mobile device’s GPS coordinates, cell tower information, or Wi-Fi signals.  We may use this information to personalize your experience in connection with your use of the Site or our products and services.  If you do not want us to collect and use your specific geolocation information, you can disable the location features on your device.  Check your device settings for how to do so.

Information from Third-Party Sources

We may receive additional information about you from public and commercially available sources and other third parties.  Coaches and others may also share information about you with us.  If you access third-party services, such as Facebook, Google, or Twitter through the Site, to log in to the Site or to share information about your experience on the Site with others, we may collect information from these third-party services.  We may combine all of the information we collect and receive about you, both online and offline, and use or disclose it in the manner described in this Policy.

2. How does G8way use my Information?

G8way uses the information we collect about you for a variety of purposes, including: providing you with the products, services and, support you request; processing your transactions and shipping your orders; communicating with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments; enabling us to better understanding your  interests in order to provide you with promotional information, relevant content, surveys, questionnaires, and other materials; improving our products, services, and operations; and ensuring compliance with our policies and applicable law, or as we believe is necessary to protect, enforce, or defend the legal rights, privacy, safety, or property of ourselves or others.  We also use this information to validate sales made by, to, or through third parties; communicate with and validate customers in our systems; or to comply with our policies or applicable law.

G8way or authorized third parties may contact you directly for these purposes using various contact methods described in section 4, “How will G8way communicate with me?” We may also use this information to support sales and marketing programs; to calculate or track applicable pricing, discounts, promotions, bonuses, ranking systems, training levels, and so forth; and report income to taxing authorities and otherwise comply with applicable law.  We may retain your information for as long as needed to: provide you services; fulfill other legitimate business needs; fulfill our compliance and legal obligations; and resolve disputes and enforce our agreements.

3. With whom does G8way share my information?

Affiliates and Partners

G8way may share your information with our affiliates (companies that control, are controlled by, or are under common control with G8way), as well as select partners.  Examples of how these entities may use your information include making predictions about your interests and providing you with special offers,  promotions, advertisements, and other materials.

Vendors & Service Providers

G8way may share your information with vendors that perform functions on our behalf.  Examples of such

functions include fulfilling orders, delivering packages, email administrative functions, processing credit card payments, and providing customer service.

Legal & Compliance Disclosures

We may also disclose your information as required by law, such as to comply with a subpoena, legal proceedings, or similar legal process, including disclosure to authorized third-party auditors; or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety, or the safety of others, investigate or prevent fraud, or respond to a government request.

Business Transitions

G8way may share your information if we are involved in a merger, acquisition, business combination, asset sale, or other financial transaction or legal proceeding.

Other Parties in Aggregated Form

We may share your information with third parties in aggregated or de-identified form.

Other Parties with Your Consent

In addition to the sharing described in this Policy, we may also share information about you with third parties for any other purpose as described in or permitted by the Website Terms; or as disclosed to you at the time we collect the information; or pursuant to your consent or direction, including pursuant to any waiver, consent, or other document signed or approved by you.

4. How will G8way communicate with me?

G8way may communicate directly with you via email, postal mail, telephone, text message, or other means on a regular basis to provide requested products and services or in regard to other matters or issues. Also, you may receive periodic information on G8way’s business, products, services, or promotions through various communication means as described above,  as well as through social media.

5. Is my personal information secure?

We take reasonable steps to ensure that the personal information we collect about you remains accurate, timely, and secure.  Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure and, while we strive to protect your personal information, we cannot guarantee or warrant its complete security or privacy.

6. How can I access or correct my information?

In some instances, you may visit our Site or one or more webpages to verify and update certain information.  If you are not able to update your information on our Site or webpages, please contact us.  We will use commercially reasonable efforts to attempt to accommodate requests to update your information.

7. If I live outside the United States, how is my information transferred from my country?

G8way and the Site are headquartered in Texas in the United States.  Please be aware that information you provide to us or that we obtain as a result of your use of the Site may be collected in your country and subsequently transferred to another country in accordance with applicable law.  Your use of the Site confirms and indisputably evidences your authorization and consent to the processing of information as described in this Policy.

8. What happens if information relating to children below the age of 13 is collected?

The Site consists of a website, apps, and other media.  The Site is collectively designed for general audiences and is not directed to children younger than 13.  We do not knowingly collect, use, or disseminate any personal information from children under the age of 13 unless permitted by law or unless we obtain parental or guardian consent.  If you believe we may have unlawfully collected personal information from your child on the Site, please contact us at info@g8waymax.com, and we will make reasonable efforts to delete it from our records when required by law.

9. Does G8way use cookies or other web activity tracking tools?

G8way and certain third parties that provide content and other functionality on our Site use cookies, web beacons, session replay/screen capture, session logs, and other similar technologies for various purposes, including to analyze trends, administer the website, track users’ movements around the Site, and to gather demographic information about our user base as a whole. Session logs provide us with information regarding your IP address, the date and time of visits to our Site, the web pages you viewed, the time you spent at our Site, and the websites you visited just before and after our own.

Cookies are small pieces of information that are stored on computer hard drives.  A cookie enables

the entity that put the cookie on your device to recognize it across different websites, services,

devices, and browsing sessions.  For example, we may use cookies to recognize you when you

return to the Site in order to provide you with a better user experience.  We may allow third parties

to use cookies on the Site, but we do not control the use or contents of third-party cookies.

Web browsers often allow you to configure the browser to accept all cookies, reject all cookies, or notify you when a cookie is sent.  If you elect to reject cookies, please note that you may not be able to

take full advantage of the features and functions of the Site.  To learn more about cookies and how

to manage them, please visit http://www.allaboutcookies.org/.

Web beacons and similar technologies are small bits of code that are embedded in web pages, advertisements, and emails, that communicate with third parties.  We use web beacons, for example,

to count the number of users who have visited a particular webpage, to deliver or communicate with

cookies, and to understand usage patterns.  We also may include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.

There are other local storage and internet technologies, such as Local Shared Objects (also referred

to as “Flash Cookies”), HTML5 local storage and embed scripts, which can operate similarly to the

cookies discussed above.  Please note that these technologies are distinct from cookies, and you may not be able to control them using standard browser tools and settings.  For information about managing Flash Cookies, please click www.adobe.com/privacy.html.  To learn more about Adobe analytics and to opt out, click www.adobe.com/privacy.html.

We may use Bluetooth beacon technology to improve the user experience.  Mobile devices that have enabled Bluetooth can receive a signal when in range of a beacon.  The signals will not be received unless the user has turned on Bluetooth, installed an IDLife mobile application and enabled push notifications. The beacon functionality may allow for notifications, customer check-ins, and payments.  You can disable the beacon functionality in the app’s settings.

10. Does G8way accept “Do Not Track” requests?

Web browsers may allow you to send “Do Not Track” requests.  We do not currently take actions to respond to, or comply with, Do Not Track signals because there is no current industry standard concerning what, if anything, websites should do when they receive such signals.  We continue to review new technologies and may adopt a standard if and when one is created.

11. What information is collected from online advertising on G8way’s Site?

G8way may display advertising on our Site, and we may partner with third parties to manage advertising on other websites for our products and services.  We may also partner with third parties, including

business partners, advertising networks, and other advertising service providers, that gather information about you on our Site and on third-party websites in order to provide you with advertisements on our Site or elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics.

Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests.  We are not responsible for the privacy practices of such third parties, and the information practices of such third parties are not covered by this Policy.

Some third parties collect information about users of our Site to provide interest-based advertising on our Site and elsewhere, including across browsers and devices.  Such third parties may use the information they collect on our Site to make predictions about your interests in order to provide you ads (from us and other companies) across the internet.  Some of these third parties may participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising.

Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps.  Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device.  For more information, please check your mobile settings.  You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.

To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative (//www.networkadvertising.org/choices/) and the Digital Advertising Alliance (//www.aboutads.info/choices/).

You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out; as a result, you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. Further information in local languages may be available at www.youronlinechoices.com/.

If you are located in the European Union, more information is available at http://www.youronlinechoices.eu/.  Please note that even if you use an industry-based opt-out for interest-based advertising, you will continue to receive generic advertisements and your experience on our Sites may be degraded.

12. Are online forums on G8way’s Site public?

The Site may offer publicly accessible community forums.  You should be aware that any information you provide in these areas is public and may be read, collected, and used by others who access them.  To request removal of your personal information from these forums, email us at info@g8waymax.com.  In some cases, we may not be able to remove your personal information.

13. Are third-party websites that are linked through G8way’s Site secure?

The Site may contain links to websites operated and maintained by third parties over which we have no control.  Any information you provide to third-party websites will be governed under the terms of each website’s privacy policy, and we encourage you to investigate such policies before disclosing any information to the operators of third-party websites.  We have no responsibility or liability for the content, actions, or policies of third-party websites.  The inclusion of links to third-party websites on our Site in no way constitutes an endorsement of such websites’ content, actions, or policies.

14. Is G8way’s Site dependent on third-party functionality?

Some of the functionality on the Site may be provided by third parties that are not affiliated with G8way. Such third parties may collect or receive certain information about your use of the Site, including through the use of cookies, web beacons, or similar technologies.  G8way is not responsible for the privacy practices of such third parties or the functionality of their sites. 

If you access third-party services, such as Facebook, Google, or Twitter, through the Site, to log into the Site or to share information about your experience on the Site, those third-party services may be able to collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.

15. How should I send credit card information or personal information to G8way?

Email is not recognized as a secure medium of communication.  For this reason, we request that you do not send credit card information, personal identification information, or other private or sensitive information to us by email.  If you choose to send information to G8way via email, you are doing so at your own risk, and G8way will not be responsible for the loss or theft of your information.  G8way’s private-member webpages and shopping webpages require usernames and passwords.  Those webpages use a secure medium known as Secure Sockets Layer, or SSL, and are identifiable with https// designations or a security lock icon in the URL address.

16. How can I opt out of G8way’s promotional emails?

Our Site provides users the opportunity to opt out of receiving promotional emails from us.  To unsubscribe from some or all G8way promotional emails, please read and comply with instructions located at the bottom of any promotional email you receive from us.

17. How is this Policy modified?

This Policy was last updated on the date specified at the beginning of this Policy.  G8way reserves the right to change this Policy, in whole or part at any time and from time to time.  Any changes to this Policy will be effective immediately upon notice, which may be provided to you by posting the latest version on the Site.  Your subsequent use of the Site will be deemed acceptance of such changes.  Be sure to review this Policy periodically to ensure familiarity with its most current version.  By using the Site following the posting of changes to this Policy, you agree to all such changes.

18. What if I have Questions?

G8way takes privacy concerns seriously.  If you have questions or comments about this Policy, please contact us at info@g8waymax.com or 214.499.8481.

Supplemental Privacy Notice for California Residents

Last Revised: November 1, 2022

This Supplemental Privacy Notice supplements the information in our Privacy Policy above and applies solely to California residents.  We adopt this Supplemental Notice to comply with the California Consumer Privacy Act of 2018 (CCPA).

Summary of Information We Collect

California law requires us to disclose information regarding the following matters:

1. categories of personal information that we have collected about California consumers, consisting generally of credit or debit card information, client names, client address, and client birthdays;

2. the categories of sources from which the information was collected, consisting generally of clients who complete online profiles with us or who submit online assessments to us;

3. the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, consisting generally of the following:

• Conducting operational and customer-service functions at G8way and our service providers
• Auditing consumer interactions on our site (e.g., measuring ad impressions)
• Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity
• Bug detection and error reporting
• Customizing content that we or our service providers display on the Services (e.g., contextual ads)
• Providing our products or services (e.g., account servicing and maintenance, order processing and fulfillment, customer service, advertising and marketing, analytics, and communication about our products and services)
• Improving our existing products and services and developing new ones (e.g., by conducting research to develop new products or features or maintaining the quality and safety of products)
• Conducting other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners
• Complying with applicable laws and regulations
• Performing other uses about which we notify you;

4. Categories of parties with whom we share personal information, consisting generally of financial, accounting, or executive personnel at G8way or our service providers who need to know such information in order to fulfill client orders for products or services, to receive payment for such products or services, to account for revenue or expense related to such products or services, or to remediate an error or problem related to a product or service, or otherwise to perform their job responsibilities in respect of clients.

We may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) in order to limit or prevent identification of any particular user or device.

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