MaxLiving Client Store Terms of Service

This agreement governs access to and use of the MaxLiving Client Store, a B2B purchasing platform restricted to authorized MaxLiving Chiropractic Clinic professionals. By accessing the Client Store, you confirm that you are an authorized user and agree to be bound by these Terms. If you do not agree, do not access or use the Client Store

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, and governs your access to and use of the MaxLiving Client Store (the "Client Store"), including all products, pricing, programs, and services available through it.

By creating an account, logging in, or placing an order through the Client Store, you agree to these Terms on behalf of yourself and, where applicable, your clinic or business entity. If you do not have authority to bind your clinic or business, do not use the Client Store.

These Terms supplement — and do not supersede — any existing MaxLiving Franchise Agreement, License Agreement, or Clinic Operating Agreement between MaxLiving and your clinic. In the event of a conflict between those agreements and these Terms, the franchise or clinic agreement controls.

2. Eligibility and Authorized Users

Access to the Client Store is restricted to the following authorized users:

•       Licensed Doctors of Chiropractic (D.C.) who operate an active MaxLiving Chiropractic Clinic (MLC, Partners, Affiliates,) with a signed agreement

•       Business owners who are an active Wholesaler with a signed agreement

•       Authorized staff acting on behalf of and under the supervision of the businesses’ licensed D.C. or owner on the agreement

•       MaxLiving corporate employees and authorized representatives

MaxLiving reserves the right to verify professional credentials and clinic status at any time and to suspend or terminate access for any account that does not meet eligibility requirements. Use of the Client Store by unauthorized individuals is prohibited.

By accessing the Client Store, you represent and warrant that you are an eligible user as defined above and that all information provided during account creation is accurate and current.

3. Description of the Client Store

The MaxLiving Client Store is a business-to-business (B2B) e-commerce platform through which authorized MaxLiving clinic professionals may purchase nutritional supplements, clinic supplies, marketing materials, and related wellness products (collectively, "Products") at professional wholesale pricing for use within their clinic operations.

Products purchased through the Client Store are intended for professional and clinical use, including resale to customers or patients in your business. Resale of Products outside your business — including through third-party retail channels, online marketplaces, or to non-customer third parties — is strictly prohibited without prior written authorization from MaxLiving.

MaxLiving reserves the right to modify, suspend, or discontinue any product, program, or feature of the Client Store at any time with or without notice.

4. Supplement and Professional Use Disclaimer

All supplement Products sold through the Client Store are dietary supplements. The following disclosure applies to all Products:

 

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.

Products are sold to clinic professionals for use in a clinical context. As a licensed healthcare professional, you are responsible for determining the appropriateness of any Product for individual patients and for providing all required professional guidance. MaxLiving makes no representations that Products are suitable for any specific patient population or clinical condition.

You agree to comply with all applicable federal, state, and local laws governing the sale, dispensing, and recommendation of dietary supplements within your clinic, including FTC guidelines for endorsements and testimonials.

5. Orders and Payment

All orders placed through the Client Store are subject to product availability and acceptance by MaxLiving. We reserve the right to refuse or cancel any order, including after a confirmation has been issued, and will refund any payment collected for a canceled order to the original payment method.

By placing an order, you represent that the payment information provided is accurate and that you are authorized to use the payment method. MaxLiving uses industry-standard encryption and third-party payment processors. Full payment card numbers are not stored on MaxLiving servers.

Prices displayed in the Client Store are professional wholesale prices and are confidential. You agree not to disclose Client Store pricing to non-authorized parties. Prices are shown in U.S. dollars and may differ from retail consumer pricing on store.maxliving.com. Sales tax or exemptions are applied based on the tax status of your clinic account. You are responsible for providing valid resale or tax-exemption certificates where required by applicable law.

6. Recurring Orders

The Client Store may offer recurring order options for eligible Products, allowing your clinic to receive automatic, scheduled deliveries at set intervals. By enrolling in a recurring order program, you agree to the following:

•       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 order processes

•       You may modify or cancel recurring orders at any time by logging in to your account and managing your subscription settings, or by contacting us at info@maxliving.com or 321-939-3040

•       Cancellations must be made before the next scheduled order processes to take effect for that cycle

•       Orders already shipped may be eligible for return under our Shipping & Returns policy

•       MaxLiving may change recurring order pricing with at least 30 days' advance notice to the email address on file

7. Resale and Distribution Policy

Products purchased through the Client Store may be resold to patients of your MaxLiving Chiropractic Clinic as part of your standard clinical practice. The following restrictions apply to all Client Store purchases:

•       Products may not be listed or sold on third-party online marketplaces, including Amazon, eBay, Walmart Marketplace, or similar platforms

•       Products may not be resold to other clinics, distributors, or retailers without prior written authorization from MaxLiving

•       Products may not be sold under any brand name

•       You are responsible for ensuring that any patient-facing product recommendations comply with applicable FTC guidelines, including truthful labeling and disclosure of the commercial relationship

Violation of this policy may result in immediate suspension of Client Store access and may constitute a breach of your franchise or clinic agreement.

8. HIPAA Compliance

MaxLiving, LLC does not process Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA) through the Client Store or its associated services. You are expressly prohibited from submitting any PHI — including patient health records, diagnoses, or treatment information — through any Client Store communication feature, order note, or feedback form.

As a MaxLiving Chiropractic Clinic operator, you are an independent covered entity under HIPAA and are solely responsible for your clinic's compliance with all applicable HIPAA requirements, including the Privacy Rule, Security Rule, and Breach Notification Rule. MaxLiving is not acting as a Business Associate in connection with your use of the Client Store.

If you need to communicate PHI to MaxLiving for any reason, you must do so through a separate, HIPAA-compliant channel established for that purpose, not through the Client Store. For questions, contact info@maxliving.com.

9. Account Management

You are responsible for maintaining the confidentiality of your Client Store login credentials and for all activity that occurs under your account. You agree to notify MaxLiving immediately at info@maxliving.com if you believe your account has been compromised or accessed by an unauthorized party.

Accounts are issued to specific clinics and are non-transferable. If clinic ownership or staffing changes, you must notify MaxLiving to update account access. MaxLiving reserves the right to suspend or terminate accounts at its discretion, including for inactivity, violation of these Terms, or change in franchise or clinic status.

10. Privacy

Your use of the Client Store is governed by our Privacy Policy, available at https://www.maxliving.com/privacy, which is incorporated into these Terms by reference. By using the Client Store, you consent to the collection and use of information as described in that policy, including information collected in connection with account creation, order processing, and recurring order management.

11. Information We Collect

We collect information about you and your clinic when you use the Client Store, including account registration information (name, clinic name, email, address, phone number), order and transaction history, payment information processed through our third-party payment processors, usage data such as IP addresses, browser types, and pages visited, and communications you send through the Client Store.

We use this information to process orders, manage your account, operate recurring order programs, communicate with you about your purchases and account, and improve the Client Store. We do not sell or lease your personal or business information to third parties for their marketing use. For full details, review our Privacy Policy.

12. SMS Messaging Terms

By providing a phone number and opting into SMS communications from MaxLiving, you agree to receive text messages regarding your orders, account activity, recurring order reminders, and relevant clinic communications. Message frequency varies based on account activity. Standard message and data rates may apply.

To stop receiving SMS messages, text STOP to 321-939-3040. 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 321-939-3040 or email info@maxliving.com.

By continuing to receive SMS messages, you acknowledge compliance with the Telephone Consumer Protection Act (TCPA) and confirm that you have authorized MaxLiving to contact the number provided.

13. Intellectual Property and Proprietary Rights

All content on the Client Store — including text, graphics, logos, product names, images, 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. You may not use them without prior written permission beyond what is expressly authorized for clinic operations under your franchise or clinic agreement.

Your access to the Client Store grants you a limited, non-transferable, non-exclusive license to use the platform for authorized clinic purchasing purposes only. You may not reproduce, distribute, modify, or commercially exploit any Client Store content without express written permission from MaxLiving.

14. User Content and Contributions

If you submit feedback, reviews, suggestions, or other content through the Client Store, you represent that your submissions are your original work, do not infringe third-party rights, and do not include PHI, confidential patient information, or proprietary information of others.

By submitting content, you grant MaxLiving a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, publish, and distribute your submissions in any medium for the purposes of operating and improving the Client Store. MaxLiving has no obligation to use, display, or compensate you for submissions.

15. Prohibited Uses

You agree not to:

•       Access the Client Store if you are not an authorized user as defined in Section 2

•       Share your account credentials with unauthorized individuals

•       Purchase Products for resale outside authorized clinic channels without written permission from MaxLiving

•       Submit PHI or confidential patient information through any Client Store feature

•       Use the Client Store for any unlawful purpose or in violation of these Terms

•       Attempt to gain unauthorized access to any part of the Client Store or its systems

•       Use automated tools to scrape, crawl, or harvest data from the Client Store

•       Reproduce or commercially exploit any portion of the Client Store without prior written permission

16. Indemnification

You agree to defend, indemnify, and hold harmless MaxLiving, LLC, its subsidiaries, affiliates, officers, employees, agents, licensors, and third-party service providers from any claims, liabilities, damages, losses, and expenses — including reasonable attorneys' fees — arising from your use of the Client Store, your violation of these Terms or any applicable law (including HIPAA or TCPA), your unauthorized resale or distribution of Products, your submission of PHI in violation of Section 8, or your infringement of any third-party right.

17. Warranty Disclaimer

The Client Store 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 Client Store will be uninterrupted, error-free, or free of harmful components, or that Products will meet any specific clinical or patient outcome.

18. Limitation of Liability

To the fullest extent permitted by applicable law, MaxLiving and its subsidiaries, affiliates, officers, employees, agents, licensors, and third-party service providers 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 Client Store or any Products, unauthorized access to your account or data, errors or interruptions in the Client Store or recurring order processing, your submission of PHI in violation of Section 8, or your unauthorized resale or distribution of Products. MaxLiving's total liability for all claims arising under these Terms shall not 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.

19. Dispute Resolution

Before pursuing formal dispute resolution, you agree to attempt to resolve any dispute informally by contacting MaxLiving at info@maxliving.com. MaxLiving will work in good faith to resolve the issue within 30 days of receiving written notice.

Any dispute 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 mediator's decision shall be final and binding. Each party shall bear its own mediation costs unless the mediator determines otherwise.

You agree that disputes will be resolved on an individual basis. You waive any right to participate in a class action lawsuit, class-wide arbitration, or class-wide mediation. Nothing in this section limits MaxLiving's right to seek injunctive or other equitable relief in a court of competent jurisdiction for violations related to intellectual property, unauthorized resale, or breach of confidentiality obligations.

20. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law provisions. Any court proceedings not subject to mediation under Section 19 shall be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to personal jurisdiction in those courts.

21. Trademark Information

MaxLiving®, The 5 Essentials®, and Kingdom Health Science® are registered trademarks of MaxLiving, LLC. Your franchise or clinic agreement may authorize limited use of MaxLiving trademarks in connection with your clinic operations. Any use beyond what is expressly authorized in those agreements requires prior written permission from MaxLiving.

22. Copyright Infringement — DMCA Notice and Procedure

MaxLiving respects intellectual property rights and expects authorized users to do the same. If you believe content in the Client Store infringes your copyright, send a written DMCA notice to our designated agent that includes:

1.     Your electronic or physical signature, or that of the person authorized to act on behalf of the copyright owner

2.     A description of the copyrighted work you believe has been infringed

3.     The URL or specific location in the Client Store where the allegedly infringing content appears

4.     Your name, mailing address, telephone number, and email address

5.     A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

6.     A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on its behalf

 

Send notices to:

MaxLiving — Attn: Copyright Agent

37 N Orange Ave, Suite 1232

Orlando, FL 32801

Telephone: 321-939-3060

Email: info@maxliving.com

23. Accessibility and Closed Captioning

MaxLiving complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content and works to meet applicable accessibility standards. For more information, visit store.maxliving.com.

24. 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 document. For material changes, we will provide advance notice via email to the address on file. Your continued use of the Client Store after the effective date of any changes constitutes your acceptance of the updated Terms.

25. 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.

26. Statute of Limitations

Any claim or cause of action arising from your use of the Client Store 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.

27. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific programs such as recurring orders, constitute the complete agreement between you and MaxLiving regarding the Client Store. These Terms supplement and do not supersede any existing MaxLiving Franchise Agreement, License Agreement, or Clinic Operating Agreement.

28. Contact Us

For questions about these Terms, account access, 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