Terms and Conditions

www.maxgatenby.com, and Max Gatenby LLC Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using www.maxgatenby.com (hereinafter referred to as the “Site”). The Site and its content are owned by Max Gatenby LLC.

PURPOSE:

These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES: 

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at info@maxgatenby.com.

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 19 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Max Gatenby LLC and our website, www.maxgatenby.com. “Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Maxwell Gatenby, Max Gatenby LLC, and/or www.maxgatenby.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Max Gatenby LLC and/or on www.maxgatenby.com, including, but not limited to, blog posts, social media posts, graphics, newsletters, designs, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, information about your medical conditions, etc.

“Site, Courses, Services, and/or Products” means www.maxgatenby.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.

“Site” means www.maxgatenby.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

2. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, our Waiver of Liability, and Disclaimer

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions, and our Privacy Policy.

3. Waiver of Liability Agreement:

Max Gatenby LLC provides various resources, content, and programs related to health coaching, including but not limited to dietary, detoxification, and lifestyle coaching aimed at helping adults eliminate eczema and achieve their health goals. Participation in any of our health coaching programs, services, or purchasing our products ("Coaching Services") requires acknowledgment and acceptance of our specific Waiver of Liability (https://maxgatenby.com/waiver-of-liability)

For General Users:

Accessing free resources, content, or downloading lead magnets from Max Gatenby LLC does not require acceptance of the Waiver of Liability. General use of the website, including reading content, accessing or downloading free resources, does not constitute participation in our Coaching Services and is governed by the other terms outlined in this document, including our Privacy Policy and Disclaimer.

For Coaching Services Participants:

If you choose to enroll in or purchase any of Max Gatenby LLC's Coaching Services, you will be asked to review and accept a specific Waiver of Liability that applies to those services. This Waiver outlines the risks associated with the diet, detoxification, and lifestyle changes recommended by our programs and releases Max Gatenby LLC from certain liabilities associated with participating in such services. The acceptance of this Waiver of Liability is a prerequisite for participation in any Coaching Service offered by Max Gatenby LLC and is separate from the general Terms of Service agreement.

To participate in our Coaching Services, you will be directed to a separate agreement or acknowledgment form where you can review and agree to the Waiver of Liability specific to the services you are enrolling in or purchasing. This process ensures that only those actively choosing to engage in our Coaching Services are subject to the Waiver of Liability.

By using this site and accessing our content, you acknowledge that you understand the distinction between general use of the site and the specific acceptance required for participation in our Coaching Services. If you have any questions regarding this distinction or any terms mentioned herein, please contact us at info@maxgatenby.com for clarification.

4. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent not to:

Abuse or harass any person through or on the Site.

Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.

Post or transmit any “spam” or unwanted, unsolicited content.

Post copyrighted materials, photographs, or content which do not belong to you.

Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

5. DISCLAIMER:

By using this Site, you acknowledge and agree that the content provided by Max Gatenby LLC is for educational purposes only and is based on our personal experiences and qualifications, including a Bachelor of Science degree in Exercise Science. While this background supports our services, it does not equate to medical advice or a personalized prescription. Please understand that as health coaches, we are not licensed medical professionals. Our role is not to provide healthcare, medical, or therapy services, nor to diagnose, treat, prevent, or cure any physical, mental, or emotional illnesses. The content shared on this site is for informational and educational purposes only and should not be considered as a substitute for professional medical advice. Before making any changes to your diet, exercise regimen, supplements, medications, or overall lifestyle, we strongly advise consulting with your physician or a qualified medical professional. We do not guarantee the accuracy, reliability, or completeness of the information presented and will not be liable for any errors or omissions in this information nor for the availability of this information. Max Gatenby LLC is not responsible for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the site or for any content, products, or services we provide.  Additionally, our website may contain links to external websites that are not provided or maintained by or in any way affiliated with Max Gatenby LLC. Please note that we do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. In case of medical emergencies or urgent health issues, seek immediate medical attention from a licensed healthcare provider. The information on our website is subject to change without notice and may not always be up-to-date. We reserve the right to make enhancements and changes to the content at any time without prior notice.

6. Your Consent to These Terms & Conditions:

By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein

7. Changes To These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page, and you will be notified via email. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.

8. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

9. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by Max Gatenby LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

10. Our Limited License to You:

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

11. Your License to Us:

By commenting on the Site, or submitting documents to Max Gatenby LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

12. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

13. Sharing the Site & Its Content:

You must request and receive written permission by email info@maxgatenby.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Max Gatenby LLC.

14. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

15. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law. 

16. Your Release of Us:

By using the Site or Purchasing, Downloading, or using Max Gatenby LLC’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Max Gatenby LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

17. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Max Gatenby LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

18. Our Refund Policy:

Max Gatenby LLC offers a partial refund policy in which the Client can only request a refund at 30-days from the date of the first payment and the client will be reimbursed for any program material not used up until the point that the refund is requested. The Client will not be refunded for any work done. To qualify for a partial refund, the Client must be unsatisfied with the value of the program, show the material of their active participation in the program and have completed their action steps and product-related expectations up until the point that a refund is requested. Proof of participation that qualifies the Client for the partial refund is as follows: the Client must have shown up any client responsibilities as agreed upon within the client agreement contract, submit proof of completion of all action steps or related tasks assigned within the program leading up to the date of refund request. If 30-days have passed, the client has given the reason for not being satisfied and proof of participation is shown, then the Coach will provide a partial refund for any remaining program material that has not been completed. Refund eligibility expires 45 days after purchase date. The Coach does not provide refunds for buyer’s remorse or not being able to make time for the program. If a refund is processed, the Client will have their access revoked of all coaching support and program-related materials immediately.

19. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or Max Gatenby LLC’s Courses, Services, and/or Products, please contact us directly first by emailing Max at info@maxgatenby.com

In the interest of ensuring a fair, quick, and cost-effective resolution to any disputes that may arise from the use of Max Gatenby LLC's health coaching services, we mutually agree to settle such disputes through binding arbitration, not limited to issues related to contracts, torts, statutes, fraud, or any other legal theories.

By agreeing to this clause, both Max Gatenby LLC and its clients waive the right to a jury trial, acknowledging that any dispute resolution will be handled by an arbitrator instead of a judge or jury, on an individual rather than a class-action or consolidated basis. The arbitration process will be overseen by the American Arbitration Association under its consumer dispute rules, and, depending on the claim's value, may be conducted via written submissions or, for larger claims, through standard in-person or telephonic hearings. This process is governed by the Federal Arbitration Act, ensuring the clause's adherence to legal standards. Importantly, this arbitration agreement will continue to apply even after the termination of any agreements between clients and Max Gatenby LLC, or upon the cessation of the client's use of Max Gatenby LLC’s services, securing a lasting framework for dispute resolution

20. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of New Jersey.

21. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of New Jersey or a state court located within the State of New Jersey in connection with any matter arising out of these Terms & Conditions, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

22. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of New Jersey for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of New Jersey.

23. Payment & Purchases:

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit, debit, PayPal, or other payment methods displayed on the checkout form. By doing so, you give Max Gatenby LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.

If you elect the installment or “pay over time” option at checkout, you agree that Max Gatenby LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase. 

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

If you chose to pay using PayPal you are still agreeing to the terms and conditions listed in this document. Payment and use of all products on this site even paid via PayPal are under this agreement.

24. Limitation of Liability:

Max Gatenby LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you.

Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

25. Defense & Indemnification:

You shall, at all times, indemnify, defend, and hold harmless Max Gatenby LLC, Maxwell Gatenby, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Max Gatenby LLC and Maxwell Gatenby (b) arising out of the breach of your obligations, representations, warranties, or covenants under these Terms & Conditions; and (c) arising out of any alleged breach or negligence said to have been committed by us.

26. Termination of Your Use:

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions or any other terms to which you have agreed to.

27. Entire Agreement:

These Terms & Conditions constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

28. Severability:

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

29. Your Privacy & Security on the Site:

Please read our Privacy Policy (https://maxgatenby.com/privacy-policy) for how we handle your personal information.

30. Contact:

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

Website: www.maxgatenby.com

Email: Max at info@maxgatenby.com

Updated on February 8, 2024