Terms of Service Agreement
Please read this Terms of Service Agreement carefully before using store.maxliving.com or any associated services. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site or its services.
1. Acceptance of Terms
This Terms of Service Agreement ("Agreement") is a legally binding agreement between you and MaxLiving, LLC ("MaxLiving," "we," "us," or "our"), located at 37 N Orange Ave, Suite 1232, Orlando, FL 32801. It governs your use of store.maxliving.com (the "Site") and all products, programs, and services offered through it. By visiting the Site, creating an account, or placing an order, you confirm that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are accessing the Site on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Description of Services
The Site is an e-commerce store through which MaxLiving sells nutritional supplements and related wellness products (collectively, "Products") to consumers in the United States. MaxLiving also offers the Subscribe & Save program, which allows customers to receive recurring deliveries of Products at a discount. MaxLiving reserves the right to modify, suspend, or discontinue any product, program, or service at any time with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuance.
3. Supplement and Health Disclaimer
All Products sold on the Site are dietary supplements. The following disclosure applies to all Products and all content on the Site:
These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
The information on the Site is provided for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult your healthcare provider before starting any new supplement regimen, particularly if you are pregnant, nursing, taking medications, or have an existing health condition.
These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
The information on the Site is provided for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult your healthcare provider before starting any new supplement regimen, particularly if you are pregnant, nursing, taking medications, or have an existing health condition.
4. Subscribe and Save Program
The Subscribe & Save program allows you to receive automatic, recurring deliveries of eligible Products at a discounted price. By enrolling, you agree to the following terms.• The specific Product(s) and quantity included in your subscription• The discounted subscription price per order• Your selected billing and shipping frequency (e.g., every 30, 60, or 90 days)• The date of your first charge and estimated dates of subsequent charges• How to cancel your subscription at any time
4.1 Enrollment and Billing Disclosure
Before completing enrollment, you will be shown the following material terms:
• The specific Product(s) and quantity included in your subscription
• The discounted subscription price per order
• Your selected billing and shipping frequency (e.g., every 30, 60, or 90 days)
• The date of your first charge and estimated dates of subsequent charges
• How to cancel your subscription at any time
By clicking the enrollment confirmation, you authorize MaxLiving to charge your payment method on a recurring basis at the frequency you select, until you cancel. You will receive an email confirmation of enrollment and a reminder before each renewal.
• The specific Product(s) and quantity included in your subscription
• The discounted subscription price per order
• Your selected billing and shipping frequency (e.g., every 30, 60, or 90 days)
• The date of your first charge and estimated dates of subsequent charges
• How to cancel your subscription at any time
By clicking the enrollment confirmation, you authorize MaxLiving to charge your payment method on a recurring basis at the frequency you select, until you cancel. You will receive an email confirmation of enrollment and a reminder before each renewal.
4.2 How to Cancel
You may cancel your Subscribe & Save subscription at any time before the next scheduled order processes. To cancel:
- Log in to your account at store.maxliving.com
- Go to the Account page
- Click the Subscriptions button
- Select the subscription you wish to cancel and confirm
- You may also cancel by emailing store@maxliving.com or calling 321-939-3040. Cancellations processed before the next scheduled order will take effect immediately. Orders already shipped may be eligible for return under our Shipping & Returns policy.
4.3 Address and Payment Updates
To ensure your subscription ships to the correct address, update your shipping address within "Manage My Subscriptions." Updating your address elsewhere in your account settings does not update active subscription shipments. MaxLiving is not responsible for orders shipped to an address or charged to a payment method that was not updated before the order processed.
4.4 Subscription Price Changes
MaxLiving may change subscription pricing with at least 30 days’ advance notice sent to the email address on file. Your continued participation in the program after the effective date constitutes your acceptance of the updated price.
5. Orders and Payment
All orders are subject to product availability and acceptance by MaxLiving. We reserve the right to refuse or cancel any order at any time, including after confirmation has been sent, and will issue a refund to the original payment method if a confirmed order is canceled by us. By placing an order, you represent that your payment information is accurate and that you are authorized to use the payment method provided. MaxLiving uses industry-standard encryption and third-party payment processors. We do not store full payment card numbers on our servers. Prices are displayed in U.S. dollars. Sales tax is applied where required by law. Free standard shipping applies to some orders meeting the minimum spend for that region. All shipping rates are displayed at checkout.
6. User Accounts
You may create an account on the Site to manage orders, subscriptions, and account preferences. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. If you believe your account has been compromised, contact us immediately at store@maxliving.com.
MaxLiving reserves the right to suspend or terminate accounts at its discretion, including for violation of these Terms.
MaxLiving reserves the right to suspend or terminate accounts at its discretion, including for violation of these Terms.
7. Privacy
Your use of the Site is also governed by our Privacy Policy, available at store.maxliving.com/pages/privacy-policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of information as described in that policy.
8. Intellectual Property and Proprietary Rights
All content on the Site — including text, graphics, logos, images, product names, and software — is the property of MaxLiving or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. MaxLiving®, The 5 Essentials®, PurePath®, and Kingdom Health Sciences® are registered trademarks of MaxLiving, LLC. You may not use them without prior written permission. MaxLiving grants you a limited, personal, non-transferable, non-exclusive license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, publicly display, or commercially exploit any Site content without express written permission from MaxLiving.
9. User Content and Contributions
If you submit reviews, feedback, or other content to the Site ("Contributions"), you represent that your Contributions are your original work, do not infringe third-party rights, and do not include confidential or proprietary information of others. By submitting Contributions, you grant MaxLiving a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, publish, and distribute your Contributions in any medium for operating and promoting the Site. MaxLiving has no obligation to use, display, or compensate you for Contributions.
10. Prohibited Uses
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms
- Reproduce, sell, or commercially exploit any portion of the Site without express written permission
- Attempt to gain unauthorized access to any part of the Site or its systems
- Transmit malware, viruses, or other harmful code through the Site
- Use automated tools to scrape, crawl, or harvest data from the Site without permission
- Impersonate MaxLiving, its employees, or any other person or entity
11. Third-Party Links
The Site may contain links to third-party websites. These links are for your convenience only. MaxLiving does not endorse or assume responsibility for any third-party content, products, or privacy practices. Your use of third-party sites is at your own risk and is subject to their terms and policies.
12. Indemnification
You agree to defend, indemnify, and hold harmless MaxLiving, its subsidiaries, affiliates, officers, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses — including reasonable attorneys’ fees — arising from your use of the Site, your violation of these Terms, or your infringement of any third-party right.
13. Warranty Disclaimer
The Site and all Products and services offered through it are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MaxLiving does not warrant that the Site will be uninterrupted, error-free, or free of harmful components.
14. Limitation of Liability
To the fullest extent permitted by applicable law, MaxLiving and its subsidiaries, affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — arising from your use of or inability to use the Site or any Products. In no event will MaxLiving’s total liability to you for all claims exceed the amount you paid to MaxLiving in the 12 months preceding the claim. Some jurisdictions do not allow exclusion or limitation of certain warranties or damages. In those jurisdictions, the above limitations may not apply to you.
15. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-law provisions. Any dispute arising from this Agreement or your use of the Site shall be resolved exclusively in the state or federal courts located in Orange County, Florida. You consent to personal jurisdiction in those courts and waive any objection to venue.
16. Trademark Information
MaxLiving® and The 5 Essentials® are registered trademarks of MaxLiving, LLC. You agree not to display or use MaxLiving trademarks, logos, or trade names in any manner without prior written permission from MaxLiving.
17. Copyright Infringement — DMCA Notice and Procedure
MaxLiving respects intellectual property rights and expects users to do the same. If you believe content on the Site infringes your copyright, send a written DMCA notice to our designated agent that includes
18. Closed Captioning
MaxLiving complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, visit store.maxliving.com.
19. Modifications to These Terms
MaxLiving may update these Terms at any time. When we do, we will revise the effective date at the top of this page. For material changes, we will provide advance notice via email or a prominent notice on the Site. Your continued use of the Site after the effective date constitutes your acceptance of the updated Terms.
20. Waiver and Severability
MaxLiving’s failure to enforce any provision of these Terms shall not constitute a waiver of that right or provision. If any provision is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
21. Statute of Limitations
Any claim or cause of action arising from your use of the Site or these Terms must be filed within one (1) year after the claim arose, or it will be permanently barred, regardless of any applicable statute or law to the contrary.
22. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms applicable to specific programs such as Subscribe & Save, constitute the entire agreement between you and MaxLiving regarding the Site and supersede all prior agreements and understandings.
23. Contact Us
For questions about these Terms or to report a violation, contact us at:
MaxLiving
37 N Orange Ave, Suite 1232
Orlando, FL 32801
Telephone: 321-939-3060
Email: info@maxliving.com