Terms of Service
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SERVICE BEFORE ACCESSING, USING, OR PLACING AN ORDER ON WWW.MAXIVACARE.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
Your use of www.maxivacare.com including any subdomains thereof, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by MAXIVA CARE LLC ("we," "our," "us"), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of these Terms at any time on this page (www.maxivacare.com/pages/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
TABLE OF CONTENTS
1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. HEALTH AND WELLNESS PRODUCTS – NO MEDICAL ADVICE
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
7. MODIFICATIONS TO THE WEBSITE AND PRICES
8. PAYMENT
9. ORDER PLACEMENT AND ACCEPTANCE
10. SUBSCRIPTIONS
11. PRODUCT BUNDLES
12. SHIPPING
13. DELIVERY CONFIRMATION
14. REFUND POLICY
15. SOCIAL MEDIA
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
17. DISCLAIMER OF WARRANTIES
18. LIMITATION OF LIABILITIES
19. INDEMNIFICATION
20. THIRD-PARTY WEBSITES AND LINKS
21. USER SUBMISSIONS, TESTIMONIALS, REVIEWS, AND OTHER CONTENT
22. INTELLECTUAL PROPERTY RIGHTS
23. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
24. ELECTRONIC COMMUNICATIONS
25. PROHIBITED USES
26. ASSIGNMENT
27. NO WAIVER
28. NO AGENCY RELATIONSHIP
29. SEVERABILITY
30. TERMINATION
31. ENTIRE AGREEMENT
32. GOVERNING LAW
33. CHANGES TO TERMS OF SERVICE
34. CONTACT INFORMATION
SECTION 1 - WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 - PRIVACY & SECURITY DISCLOSURE
Your submission of personal information through the Website is governed by our Privacy Policy, which can be viewed here: https://maxivacare.com/pages/privacy-policy
The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms. MAXIVA CARE LLC reserves the right to modify the Privacy Policy at its sole discretion.
SECTION 3 - GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; (3) transmitting any worms, viruses, or any code of a destructive nature; or (4) any other unlawful act.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - PRODUCTS SOLD FOR PERSONAL USE ONLY
You agree that any products or services you purchase from MAXIVA CARE LLC and/or our Website will be used for your personal, non-commercial use only. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.
All orders of our products must be for personal use only. The resale of our products by or through any third-party owned or operated websites, online auction, third-party online marketplace, store or digital platform (including but not limited to Amazon, eBay, Etsy, Shopify, Alibaba or other similar sites) is strictly prohibited.
We reserve the right to reject or cancel any order, including but not limited to orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, and if we have reason to believe that your order is not for personal use.
SECTION 5 - HEALTH AND WELLNESS PRODUCTS – NO MEDICAL ADVICE
The products offered by MAXIVA CARE LLC are dietary supplements and nutritional support products intended to support general wellness. These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.
NO MEDICAL ADVICE: The material on the Website is provided for general informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician. The information included on the Website is offered for informational purposes only. We do not provide medical advice, diagnosis or treatment through the Website.
You should never use the information you obtain on the Website for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Neither our employees nor any third parties who provide information through the Website are authorized to provide medical or other professional advice.
You should consult with a qualified healthcare professional before using our products, especially if you:
• Are pregnant or nursing
• Have a medical condition or health concerns
• Take prescription medications or other supplements
• Are under 18 years of age
• Have allergies or sensitivities to any ingredients
DO NOT USE PRODUCTS TO OFFSET ADDICTION WITHDRAWAL: Our products shall not and may not be used to offset the effects of addiction withdrawal or withdrawal symptoms. You should consult your physician if you are experiencing the effects of addiction withdrawal or withdrawal symptoms. You should consult your physician if you experience any negative health effects in connection with any use of our products or at any time while you are using our products.
MAXIVA CARE LLC does not make any guarantee that you will accomplish your health and/or wellness goals. All products are to be used as a part of a healthy lifestyle that includes appropriate nutrition, exercise, and self-care. Your results may vary.
Individual results may vary. The information provided on this Website is for educational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional.
You acknowledge that you are solely responsible for your decision to use our products and that MAXIVA CARE LLC shall not be liable for any adverse effects or consequences resulting from your use of our products.
SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
SECTION 7 - MODIFICATIONS TO THE WEBSITE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://maxivacare.com/pages/refund-policy
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 8 - PAYMENT
All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express and Discover.
When placing an order online, you will need:
• The address the card's statement is sent to (billing address)
• The card number and expiration date
• The 3 or 4 digit security code found only on the card (CVV2 code)
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card's updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
SECTION 9 - ORDER PLACEMENT AND ACCEPTANCE
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: https://maxivacare.com/pages/refund-policy
SECTION 10 - SUBSCRIPTIONS
MAXIVA CARE LLC offers subscription services for recurring deliveries of certain products. By enrolling in a subscription, you authorize us to charge your payment method on a recurring basis according to your selected delivery frequency until you cancel.
Subscription Terms:
• Your subscription will automatically renew unless you cancel before your next billing date
• You can manage, modify, or cancel your subscription at any time through your account dashboard at https://maxivacare.recurpay.com/account/login or by contacting customer support
• Cancellations must be made before your next billing date to avoid being charged for the next shipment
• Subscription prices are subject to change with 30 days' notice via email
• You will receive email notifications before each renewal
• We may use an account updater to automatically update your credit card information if it changes
• Upon being billed, your package will be immediately prepared for shipment
• If a payment fails, we may suspend your subscription until payment information is updated
Subscription Benefits:
• Save 15% on every subscription order compared to one-time purchase prices
• Never run out with automatic deliveries at your chosen frequency
• Flexible management – pause, skip, or cancel anytime with no long-term commitments required
• Free shipping on all subscription orders
You are responsible for maintaining accurate payment and shipping information. If you need to update your subscription, change your delivery frequency, skip a shipment, or cancel, you must do so before your next billing date.
For assistance with managing your subscription, please contact customer support at support@maxivacare.com.
For more information about managing your subscription, please see our FAQ page at https://maxivacare.com/pages/faq
The same 30-day money-back guarantee applies to subscription orders. If you're not satisfied, contact us within 30 days from the date you receive your order.
SECTION 11 - PRODUCT BUNDLES
We may offer product bundles—pre-packaged combinations of individual products at a discounted price. Bundle pricing is subject to change without notice and may not be combined with other promotional offers or coupon codes unless explicitly stated.
All bundle purchases are subject to our standard Refund Policy. If you return part of a bundle, you will be refunded the pro-rated value of the returned item(s) at the bundle price, not the individual product price.
Bundle discounts apply only to the specific products included in the bundle and cannot be applied to other products or future purchases.
SECTION 12 - SHIPPING
MAXIVA CARE LLC ships to addresses located in the United States. We currently do not ship internationally. Orders generally ship within 1-2 business days of the time of order placement. Delivery typically takes 5–7 business days from when you place your order, depending on your location.
Accurate shipping information and phone number are required. We are not responsible for late shipments or missing shipments if you enter incorrect shipping information. If you discover that you have made a mistake with your order after it has been submitted, please contact our customer support team immediately at support@maxivacare.com. However, we frequently ship within 24 hours of order placement, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
FREE SHIPPING: We offer free shipping on all U.S. orders with no minimum purchase required. Every order includes tracking at no additional cost.
During peak seasons or unforeseen circumstances, shipping times may be slightly longer. We appreciate your patience—our goal is to ensure every customer receives their order safely and on time.
You will receive a tracking email to view your order status and delivery updates as soon as your order ships.
SECTION 13 - DELIVERY CONFIRMATION
Because there are many instances that may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.
We are not responsible for packages that are marked as delivered by the carrier but reported as not received. In such cases, we recommend contacting the carrier directly or filing a claim with them. We also recommend checking with neighbors or building management, as carriers sometimes leave packages in secure locations. However, if you believe your package was stolen or lost, please contact us at support@maxivacare.com and we'll work with you to find a solution.
SECTION 14 - REFUND POLICY
We are confident our supplements will support your wellness journey. If you are not fully satisfied with your purchase, we offer a 30-day money-back guarantee.
**Damaged, Defective, or Wrong Items:**
If you receive a product that is damaged, defective, the wrong item, or has missing items, please contact us immediately upon delivery at support@maxivacare.com. We'll send you a replacement product at no charge or issue a full refund—your choice.
**Satisfaction Guarantee:**
If you're not satisfied with your purchase for any other reason, contact us within 30 days from the date you receive your order at support@maxivacare.com.For safety and quality reasons, we follow industry standards for dietary supplement returns. Our customer support team will provide you with specific instructions based on your situation.
For complete details about our refund and return process, please review our full Refund Policy at: https://maxivacare.com/pages/refund-policy
**Key Points:**
• 30-day window from the date you receive your order
• Take photos of the damaged package (if applicable)
• Contact customer support to initiate return
• Your order number
• Refunds issued to original payment method
• Original shipping is FREE on all orders (no shipping charge to refund)
• Return shipping costs (if applicable) are the customer's responsibility
• Refunds processed within 2 business days of your refund request
• Allow 3-10 business days for refund to appear in your account, depending on your financial institution
SECTION 15 - SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, TikTok, YouTube, Pinterest, Twitter, LinkedIn, or any of the many other available external third-party social media platforms we may utilize ("Social Media Presence").
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Policy apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.
The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of MAXIVA CARE LLC. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed.
If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. You may also contact us at support@maxivacare.com to alert us to concerning content.
By tagging, mentioning, or otherwise interacting with MAXIVA CARE LLC on social media, you grant us permission to use your content in accordance with Section 21 (User Submissions) of these Terms.
SECTION 16 - DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MAXIVA CARE LLC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AS A COURT WOULD.
A. General
Arbitration is a manner of resolving a "Claim" without filing a lawsuit. "Claim" means any dispute between you, MAXIVA CARE LLC, or any involved third party relating to your account, your use of the Website, your purchase or use of any products, your relationship with MAXIVA CARE LLC, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by MAXIVA CARE LLC or any third party related to your use or attempted use of the products.
You, MAXIVA CARE LLC, or any involved third party may pursue a Claim. MAXIVA CARE LLC agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against MAXIVA CARE LLC.
By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer.
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. §§ 1-16, as amended.
B. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and MAXIVA CARE LLC both retain the right to pursue, in small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. MAXIVA CARE LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Massachusetts: (i) an action by MAXIVA CARE LLC relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by MAXIVA CARE LLC for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief.
Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Massachusetts, and forever waive any challenge to said courts' jurisdiction and venue.
C. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution.
You may send the written description of any dispute you have with us by U.S. Mail to:
MAXIVA CARE LLC
ATTN: Legal Department
233 Broad St 13A
Bridgewater, Massachusetts 02324
Or by email to: support@maxivacare.com
MAXIVA CARE LLC will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with MAXIVA CARE LLC or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below.
Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Massachusetts to enforce these Terms or prevent an infringement of a third party's rights or our intellectual property rights. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
D. Commencing Arbitration
You and MAXIVA CARE LLC agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
E. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Massachusetts unless MAXIVA CARE LLC otherwise agrees to arbitrate in another forum requested by you.
F. Organization, Rules and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection B above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association ("AAA").
Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection D above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA.
The arbitration will be conducted in accordance with the provisions of the AAA's Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or MAXIVA CARE LLC.
G. Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or brought for an improper purpose.
H. Governing Law and Award
The arbitrator shall follow the substantive law of the State of Massachusetts without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
I. Enforceability
This provision survives termination of your account or relationship with MAXIVA CARE LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
J. Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and MAXIVA CARE LLC and shall not be modified except in writing by MAXIVA CARE LLC.
K. Amendments
MAXIVA CARE LLC reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a MAXIVA CARE LLC product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, MAXIVA CARE LLC will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a MAXIVA CARE LLC product, is affirmation of your consent to such material changes.
L. Opt-Out Right
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT:
MAXIVA CARE LLC
ATTN: LEGAL DEPARTMENT – ARBITRATION OPT-OUT
233 Broad St 13A
Bridgewater, Massachusetts 02324
FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
SECTION 17 - DISCLAIMER OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.
WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 18 - LIMITATION OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL MAXIVA CARE LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER MAXIVA CARE LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.
THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO CASE SHALL MAXIVA CARE LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE WEBSITE OR ANY PRODUCTS PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, MAXIVA CARE LLC IS FOUND LIABLE UNDER ANY THEORY, MAXIVA CARE LLC'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER MAXIVA CARE LLC WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 19 - INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless MAXIVA CARE LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to:
(1) Your breach of these Terms or the documents they incorporate by reference
(2) Your breach of any representations or warranties in this Agreement
(3) Your violation of any law or the rights of a third party
(4) Your use or misuse of the Website or products
(5) Any content or submissions you provide
(6) Any dispute you have with another user
You agree that this indemnification obligation will survive these Terms and your use of the Website.
SECTION 20 - THIRD-PARTY WEBSITES AND LINKS
Certain content, products and services available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Our Website may include or incorporate third-party material. These third parties are not under MAXIVA CARE LLC's control. Under no circumstances, to the fullest extent permitted by law, will MAXIVA CARE LLC, its directors, officers, employees, affiliates, and assigns be liable in any way for any materials of any third parties, including, but not limited to, for any errors or omissions in any material, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third-party material on or through the Website. You must evaluate, and bear all risks associated with the use of any third-party material, including any reliance on the accuracy, completeness, or usefulness of such material.
Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 21 - USER SUBMISSIONS, TESTIMONIALS, REVIEWS, AND OTHER CONTENT
When you submit reviews, testimonials, photographs, videos, images, information, data, text, comments, suggestions, ideas, or other materials ("Submissions") through our Website, email, postal mail, social media, or any other means, you grant MAXIVA CARE LLC a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control.
This license allows us to copy, upload, use, reproduce, transmit, modify, store, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity.
Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted by you.
By providing Submissions through the Website or to us, you represent, warrant and covenant that:
• You own those Submissions or otherwise have the right to grant us the rights described in this section
• Your Submissions are accurate and comply with these Terms
• Your Submissions do not include medical or other professional advice
• Your Submissions are original with you or you have all necessary rights from third parties
• Your Submissions will not cause injury to any person or entity
• Your Submissions will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable
• Your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right
• Your Submissions will not violate applicable local, state, federal, and international laws or regulations
MAXIVA CARE LLC may use testimonials and reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to MAXIVA CARE LLC's products, in printed and online media, as MAXIVA CARE LLC determines in its absolute discretion.
Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. Your results will vary depending upon a variety of factors unique to you, such as your age, health, lifestyle, and genetics.
We do not guarantee that Submissions will be private, even if the Submission is in a password-protected area. You should not provide Submissions that you want protected from disclosure.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, sexually explicit, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
We take no responsibility and assume no liability for any Submissions or comments posted by you or any third party. We specifically disclaim any and all liability in connection with any Submissions posted by you or any other users.
We are not obligated to use any Submissions and have no liability for any Submissions posted by you or others. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
If you discover any content that violates these Terms, then you may report it to: support@maxivacare.com
SECTION 22 - INTELLECTUAL PROPERTY RIGHTS
You agree to respect MAXIVA CARE LLC's intellectual property rights.
A. Software
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in any MAXIVA CARE LLC software. Any rights not expressly granted in these Terms are reserved by MAXIVA CARE LLC.
B. Name and Logos
The MAXIVA CARE name and logos are trademarks and service marks of MAXIVA CARE LLC (collectively the "MAXIVA CARE Trademarks"). Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MAXIVA CARE LLC.
Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MAXIVA CARE Trademarks or third-party Trademarks displayed on the Website, without our, or such third party's as applicable, prior written permission in each instance. All goodwill generated from the use of MAXIVA CARE Trademarks will inure to MAXIVA CARE LLC's exclusive benefit.
C. Material on the Website
Except where noted otherwise, all material on the Website and any variations of it is copyrighted by MAXIVA CARE LLC. No part of the materials on the Website, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form, or by any means without our written permission.
SECTION 23 - DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
MAXIVA CARE LLC respects the intellectual property rights of others and you are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our intellectual property, products, or Website (or any portion of them) infringes your copyright, please provide:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed
• A description of the copyrighted work that you believe has been infringed
• A description of where the allegedly infringing material is located on the Website
• Your address, telephone number and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
Notices of claimed copyright infringement should be directed to:
MAXIVA CARE LLC
ATTN: Legal Department
Notice of Infringement
233 Broad St 13A
Bridgewater, Massachusetts 02324
Email: support@maxivacare.com
(with "Notice of Infringement" in the subject line)
SECTION 24 - ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 25 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content:
(a) For any unlawful purpose or unauthorized purpose
(b) To solicit others to perform or participate in any unlawful acts
(c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(f) To submit false or misleading information
(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet
(h) To collect or track the personal information of others
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape
(j) For any obscene or immoral purpose
(k) To interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet
(l) To impersonate any other person, user, or company
(m) To use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website
We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
A breach or violation of any of these prohibited uses will result in an immediate termination of your access to the Website and services.
SECTION 26 - ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. MAXIVA CARE LLC and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of MAXIVA CARE LLC's business is transferred to another entity by way of merger, sale of its assets or otherwise.
SECTION 27 - NO WAIVER
No waiver by MAXIVA CARE LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by MAXIVA CARE LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SECTION 28 - NO AGENCY RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.
SECTION 29 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 30 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
In the event that we terminate these Terms, Sections 3, 16-22, 26-29, and 32, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of these Terms.
SECTION 31 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Website or in respect to the services constitutes the entire agreement and understanding between you and us and governs your use of the Website and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 32 - GOVERNING LAW
Subject to the "Dispute Resolution" provisions in Section 16 above, these Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflicts of law provisions.
To the extent that your agreement to arbitrate is not deemed to apply, you expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Massachusetts to adjudicate and resolve any dispute with MAXIVA CARE LLC, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers or in any other way relating to the Website. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE COMMONWEALTH OF MASSACHUSETTS IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
SECTION 33 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page: https://maxivacare.com/pages/terms-of-service
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Website or services following the posting of any changes to these Terms constitutes acceptance of those changes.
We may provide notice of material changes to these Terms by:
• Posting a notice on the Website
• Sending an email to the address you provided
• Other reasonable means
Changes to these Terms will be effective immediately upon posting unless otherwise specified. If you do not agree with any changes, you must stop using the Website and services.
SECTION 34 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@maxivacare.com
Our contact information is posted below:
MAXIVA CARE LLC
Email: support@maxivacare.com
Mailing Address:
233 Broad St 13A
Bridgewater, Massachusetts 02324
United States
For fastest response, email us at support@maxivacare.com
Last Updated: January 2026
© MAXIVA CARE LLC. All Rights Reserved