Terms of Service

Terms of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY.

BY ACCESSING OR USING OUR WEBSITE, MOBILE APPLICATIONS, OR SERVICES, INCLUDING SMS MESSAGING, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR SERVICES.

Acceptance of Terms

This Terms of Service Agreement (TOS) is a legally binding agreement governing your relationship with MaxLiving, LLC, located at 6404 Old Winter Garden Rd, Orlando, FL 32835, and its subsidiaries and affiliates (collectively, MaxLiving, we, us, or our), in connection with your use of our website, www.maxliving.com (the Site), mobile applications, SMS messaging, and related services (collectively, the Services). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this TOS and our Privacy Policy, which is incorporated herein by reference.

Description Of Website Services Offered

The Site is a news and information platform designed to educate users about MaxLiving, our 5 Essentials, and options for accessing MaxLiving doctors in their areas. The Services also include SMS messaging for appointment reminders, feedback requests, and office notifications, which may be facilitated by a third-party service provider. All visitors to our Site and users of our Services are referred to as users for the purposes of this TOS. MaxLiving may, at its sole discretion, offer additional Services, products, or content, or modify, update, or discontinue any existing Services or products. This TOS applies to all such changes. Your continued use of the Services after any updates to this TOS constitutes your acceptance of those changes. You are encouraged to review this TOS periodically to stay informed of any updates. If you do not agree to the updated terms, you must stop using the Services. The Services are provided AS IS, and MaxLiving assumes no responsibility for the timeliness, accuracy, delivery, or storage of user content, communications, or personalization settings.

Information We Collect From Your Use Of The Services

We collect information about you when you use our Services, as detailed in our Privacy Policy. We use cookies, web beacons, and other tracking technologies to understand user behavior, improve our Services, and deliver interest-based advertising, and web beacons (such as clear GIFs or pixel tags) collect anonymous data about your interactions with our Site, emails, or advertisements. We collect personal information you provide, such as name, email, phone number, or other contact details, which is processed in accordance with our Privacy Policy, including for SMS messaging. We may also collect usage data about your interactions with the Services, including IP addresses, browser types, and pages visited. For full details, please review our Privacy Policy at https://www.maxliving.com/privacy. By using the Services, you consent to the collection, use, and transfer of your information as described in the Privacy Policy, including cross-border transfers where applicable.

Privacy Policy

Your personal information is protected under our Privacy Policy, which complies with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR) where applicable. In accordance with the Health Insurance Portability and Accountability Act (HIPAA), MaxLiving does not process Protected Health Information (PHI) through the Services, and you are prohibited from submitting PHI, as outlined in Section 5. By using the Services, including SMS messaging, you consent to the collection, storage, processing, and transfer of your information within the United States or other countries as outlined in the Privacy Policy.

Please review our Privacy Policy at https://www.maxliving.com/privacy-policy for details on how we collect, use, and protect your information.

HIPPA Compliance

MaxLiving, LLC and its subsidiaries and affiliates do not process Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA) through the Site or Services. Users are expressly prohibited from submitting any PHI, including but not limited to health records, medical diagnoses, or other sensitive health-related information, via email, notes, comments, reviews, forums, or any other communication features provided through the Services. MaxLiving is not responsible for any PHI submitted in violation of this provision, and any such submissions may be removed at our discretion. If you need to share PHI, please contact a MaxLiving doctor or authorized representative directly through secure, HIPAA-compliant channels, not through the Site or Services. For further information, contact us at discover@maxliving.com or 321-939-3060.

SMS Messaging Terms

By opting into our SMS messaging service, you agree to receive text messages from MaxLiving or our third-party service provider regarding your appointments, feedback requests, and office notifications. The SMS messaging program includes appointment reminders, which are notifications about upcoming scheduled appointments, feedback requests, which ask for feedback on the services you received, and office notifications, which provide important updates, including changes to our operating hours or other relevant information. Message frequency may vary based on your interactions with our Services, such as scheduled appointments or requested feedback. Standard message and data rates may apply, and you should check with your mobile carrier for details on messaging costs. By providing your phone number and opting into our SMS messaging service, you expressly consent to receive text messages from MaxLiving or our third-party service provider, and you may opt in through our Site, mobile applications, or other designated methods. To stop receiving SMS messages, text STOP to 321-939-3060, and you will receive a final confirmation message, after which no further messages will be sent unless you opt back in. For assistance, text HELP to 321-939-3060, call our team at 321-939-3060, or email discover@maxliving.com. Your privacy is important to us, and you should review our Privacy Policy at https://www.maxliving.com/privacy to understand how we collect, use, and protect your information in connection with our SMS messaging program. By continuing to use our SMS messaging service, you acknowledge and agree to these terms.

Interstate Communication

By using the Services to send electronic communications, such as emails, searches, file uploads, or SMS messages, you acknowledge that such communications may travel through our computer networks or those of our third-party service providers, resulting in interstate or international transmissions. You agree to comply with all applicable laws regarding online conduct and content, including Telephone Consumer Protection Act (TCPA) regulations for SMS messaging.

Cautions For Global Use And Export And Import Compliance

Due to the global nature of the internet, you agree to comply with all local, national, and international laws regarding online conduct and acceptable content, including compliance with U.S. export and import laws, such as the Export Administration Regulations and sanctions programs administered by the U.S. Department of the Treasury. You represent and warrant that you are not listed on any government export exclusion list or located in an export-prohibited country, you will not transfer software, technology, or technical data through our Services to any export-prohibited country, you will not use our Services for military, nuclear, missile, chemical, or biological weaponry purposes in violation of U.S. export laws, and you will not post or transfer content that violates applicable export or import laws.

Furthermore, you state and pledge that you:

are not on the list of prohibited individuals which may be identified on any government export exclusion report(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Content Placed Or Made Available For Company Services

MaxLiving does not claim ownership of any uploaded content from you, or anything submitted to any service and made available through the Services, including reviews, feedback, or communications via our Site or SMS messaging. By submitting content, you grant MaxLiving a worldwide, royalty-free, non-exclusive, and sublicensable license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content solely for the purpose of providing and promoting the Services, and this license terminates when you discontinue your membership or use of the Services. When using communication features, such as reviews, forums, or feedback areas (collectively Communication Services), you agree to post only content that is lawful, relevant, and compliant with this TOS, including the prohibition on submitting Protected Health Information (PHI) as outlined in Section 5. You may not post content that contains personal or confidential information, such as phone numbers, addresses, health information, or PHI, is vulgar, offensive, derogatory, obscene, profane, or inflammatory, includes threats, personal attacks, or discriminatory content based on race, ethnicity, religion, disability, gender, gender identity, sexual orientation, age, or veteran status, misrepresents your identity or connection to MaxLiving, includes advertisements, solicitations, or non-applicable content, contains illegal content or references to ongoing legal matters, or violates intellectual property laws or includes viruses or harmful files. MaxLiving reserves the right to review, remove, or restrict access to any content that violates this TOS, including content containing PHI or other personal or confidential information. If you wish to remove your own review, contact us at discover@maxliving.com.

Contributions To Company Website

When you submit ideas, suggestions, or feedback (Contributions) to the Site, you acknowledge and agree that your Contributions are non-confidential, non-proprietary, and do not contain Protected Health Information (PHI), MaxLiving may use or disclose Contributions without obligation, Contributions become the property of MaxLiving, and MaxLiving is not obligated to compensate or reimburse you for Contributions.

Indemnity and Hold Harmless

You agree to indemnify and hold harmless MaxLiving, LLC, its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and third-party service providers (including those facilitating SMS messaging) from any claims, demands, or damages, including reasonable attorneys’ fees, arising from your use of the Services, including SMS messaging, your violation of this TOS or any applicable laws, including HIPAA or TCPA regulations, your infringement of any third-party rights, including intellectual property or privacy rights, any content you submit, post, or transmit through the Services, including any PHI submitted in violation of Section 5, and any actions or omissions by you that result in harm, loss, or liability to MaxLiving or third parties. You further agree to hold MaxLiving, LLC, its subsidiaries, affiliates, and their third-party service providers harmless from any liability, loss, or damage arising from your use of the Services, including but not limited to errors, interruptions, or delays in SMS messaging, third-party actions, submission of PHI in violation of this TOS, or any reliance on information provided through the Services.

Commercial Reuse Of Services

You agree not to replicate, duplicate, copy, trade, sell, resell, or exploit any part of the Services, including SMS messaging, for commercial purposes without prior written consent from MaxLiving.

Modifications

MaxLiving reserves the right to modify, suspend, or discontinue the Services, including SMS messaging, or any part thereof, with or without notice. We are not liable for any such changes or their impact on you or any third party.

Advertisers and Third-Party Links

The Services may include advertisements or links to third-party websites or resources. MaxLiving is not responsible for the availability, content, or accuracy of such third-party sites or resources. Any dealings with advertisers or third parties, including third-party service providers for SMS messaging, are solely between you and them, and MaxLiving is not liable for any resulting loss or damage.

Proprietary Rights

The Services and any associated software contain proprietary and confidential material protected by intellectual property laws. Content provided through the Services, including advertisements, may be protected by copyrights, trademarks, or other proprietary rights. You agree not to modify, distribute, or create derivative works based on the Services or software without express authorization from MaxLiving or the applicable licensor. You are granted a personal, non-transferable, and non-exclusive license to use the Services and software on a single device, provided you do not copy, modify, or reverse-engineer the software, use modified versions of the software to gain unauthorized access, or transfer or sublicense any rights in the software. All MaxLiving trademarks, logos, service marks, and brand features are the property of MaxLiving, LLC. You may not use or display these marks without prior written permission. All contents of the Site are Copyright © 2025 MaxLiving, LLC. All Rights Reserved.

Maximized Living herein has granted your personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Maximized Living for use in accessing our Services.

Warranty Disclaimers

THE SERVICES, INCLUDING SMS MESSAGING, AND SOFTWARE ARE PROVIDED AS IS AND AS AVAILABLE. MAXLIVING, LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MaxLiving does not warrant that the Services or software will meet your requirements, the Services, including SMS messaging, will be uninterrupted, timely, secure, or error-free, results from the Services will be accurate, reliable, or suitable for your purposes, or errors in the software or messaging system will be corrected. You access and use the Services at your sole risk. MaxLiving is not responsible for any damage to your computer, mobile device, internet access, or data resulting from your use of the Services, including but not limited to loss of data, service interruptions, or unauthorized access. If you experience symptoms such as dizziness, altered vision, or seizures while using the Services, consult a physician immediately.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAXLIVING, LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND THIRD-PARTY SERVICE PROVIDERS (INCLUDING THOSE FACILITATING SMS MESSAGING) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM your use or inability to use the Services, including SMS messaging, unauthorized access to or alteration of your data or transmissions, third-party conduct, content, or services, including those provided by third-party service providers, errors, delays, or interruptions in the Services, including SMS messaging delivery, any reliance on information or content provided through the Services, any submission of Protected Health Information (PHI) in violation of Section 5, or any other matter related to the Services. MaxLiving’s total liability, if any, for any claims arising under this TOS shall not exceed the amount paid by you, if any, for the Services in the twelve (12) months preceding the claim. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue using the Services.

Exclusion And Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. To the extent such exclusions or limitations are not permitted, the above warranty disclaimers and limitation of liability provisions may not apply to you.

Financial Information Disclosure

Content provided through the Services, including SMS messages, is for informational purposes only and is not intended for trading or investment purposes. MaxLiving is not responsible for the accuracy, usefulness, or availability of financial information or for any decisions based on such information. Always consult a qualified financial advisor before making investment decisions.

Third Party Beneficiaries

Unless expressly stated, there are no third-party beneficiaries to this TOS, except that third-party service providers facilitating SMS messaging may rely on the indemnity, hold harmless, and limitation of liability provisions herein.

Notice

MaxLiving may provide notices regarding changes to this TOS or other matters, including SMS messaging updates, via email, regular mail, text messaging, or postings on the Site. You agree that notices are deemed received even if you access the Services in an unauthorized manner.

Trademark Information

You herein acknowledge, understand and agree that all of the MaxLiving trademarks, copyright, trade name, service marks, and other MaxLiving logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of MaxLiving. You herein agree not to display and/or use in any manner the MaxLiving logo or marks.

Copyright Or Intellectual Property Infringement Claims Notice & Procedures

MaxLiving respects the intellectual property of others and may disable or terminate accounts of users who repeatedly infringe on intellectual property rights. If you believe your work has been infringed, please provide the following to our Copyright Agent: a physical or electronic signature of the copyright owner or authorized representative, a description of the copyrighted work or intellectual property allegedly infringed, a description of where the infringing material is located on the Site, your contact information (address, phone number, email), a statement that the use is not authorized by the copyright owner or law, and a statement, under penalty of perjury, that the information provided is accurate and you are the copyright or intellectual property owner or authorized to act on their behalf. Contact our Copyright Agent at: MaxLiving, LLC, Attn: Copyright Agent, 6404 Old Winter Garden Rd, Orlando, FL 32835, Phone: 321-939-3060, Email: discover@maxliving.com.

Accessibility and Closed Captioning

MaxLiving complies with applicable accessibility standards, including Federal Communications Commission rules for closed captioning of video content. For more information, please visit www.maxliving.com.

Dispute Resolution

Before pursuing mediation, you agree to attempt to resolve any dispute, including those related to SMS messaging or HIPAA compliance, informally by contacting us at discover@maxliving.com, and we will work in good faith to resolve the issue within 30 days. Any disputes not resolved informally shall be resolved exclusively through binding mediation conducted in Orange County, Florida, in accordance with the rules of a recognized mediation provider mutually agreed upon by the parties. The mediation shall be conducted by a single mediator, and the decision shall be final and binding. You agree that mediation is the sole and exclusive method for resolving disputes arising from or related to this TOS or the Services, and you expressly waive any right to pursue claims through court lawsuits, including but not limited to state or federal court proceedings. Each party shall bear its own costs for mediation, unless otherwise agreed by the mediator. You agree that any disputes will be resolved on an individual basis, and you waive any right to participate in a class action lawsuit, class-wide arbitration, or class-wide mediation.

Waiver and Severability of Terms

At any time, should MaxLiving fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within year(s) after said claim or cause of action arose or shall be forever barred.

Violations

Please report any violations of this TOS, including SMS messaging, to: MaxLiving, LLC, Attn: Copyright Agent, 6404 Old Winter Garden Rd, Orlando, FL 32835, Phone: 321-939-3060, Email: discover@maxliving.com.

General Information

This TOS, together with the Privacy Policy, constitutes the entire agreement between you and MaxLiving, LLC regarding the Services, superseding any prior agreements. This TOS is governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes subject to mediation shall be resolved exclusively in Orange County, Florida, as specified in Section 24. You agree to submit to the jurisdiction of mediators in Orange County, Florida, and waive any objections to venue. MaxLiving’s failure to enforce any provision of this TOS does not constitute a waiver of that provision. If any provision is found invalid, the remaining provisions remain in full force and effect. Any claim arising from the Services or this TOS must be filed within one (1) year of the claim arising, or it will be barred.