Peace! Thank you for visiting Montauk Avenue. We offer this notice to help inform and explain our online information practices. In addition, the choices you can make about the collection and use of information you submit or we collect through our website www.montaukav.com.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Site with a web browser. It may also include publicly available information that is shared between you and others.
"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Site. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.
Information We Collect
Generally, you control the amount and type of information you provide to us when using our Site. As a user, you can browse our Site to find out more about our Site. You are not required to provide us with any Personally Identifiable Information as a user.
We collect personal information whenever you provide it to us. This personal information may include the following:
full name, postal address, mobile number;
credit/debit card or other payment method information;
Computer Information Collected
When you use our Site, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Site. Such information is typically considered Non Personal Information. We also collect the following:
Geographical Information. When you use the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display information with relevant data or advertisements. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
Automatic Information. We automatically receive information from your web browser or mobile device. This information includes the name of the Site from which you entered our Site, if any, as well as the name of the Site to which you're headed when you leave our Site. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Site provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Site.
Log Data. Like many Site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
How We Use Your Information
We use the information we receive from you as follows:
Enhancing the quality of our customer services;
Processing of inquiries;
Further improvements to our services and Site;
Helping resolve any disputes;
Carrying out troubleshooting activities;
Conducting surveys for the purpose of market research; and
Supplying our customers with information on our products and services.
How We Share Information
We may disclose your personal information to:
our employees, consultants and service providers;
our infrastructure providers;
Law enforcement and regulatory agencies in connection with any investigation to help prevent unlawful activity or as otherwise required by law.
Reasons We Collect and Use Your Personal Information
We may use your information in the following ways:
where it is necessary to perform our contract with you;
where it is required by law;
where you have provided consent, provided that you can withdraw this consent at any time; and
Where it is necessary for our legitimate interests as a business.
Links to Other Website
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
You have a number of rights under data protection legislation. These include:
Right of access. You have the right to know what information we hold about you and to ask, in writing, to see your records. We will provide you with details of the records we hold as soon as possible and at latest within one month, unless the request is complex. We may require proof of identity before we are able to release the data. Please use the details in the “Contact us” section below if you would like to exercise this right.
Right to be informed. You have the right to be informed how your personal data will be used. This policy as well as any additional information or notice that is provided to you either at the time you provided your details, or otherwise, is intended to provide you with this information.
Right to withdraw consent. Where we process your data on the basis of your consent (for example, to send you marketing texts or e-mails) you can withdraw that consent at any time. To do this, or to discuss this right further with us, please contact us using the details in the “Contact us” section below.
Right to object. You also have a right to object to us processing data where we are relying on it being within our legitimate interests to do so (for example, to send you direct marketing by post). To do this, or to discuss this right further with us, please contact us using the details in the “Contact us” section below.
Right to restrict processing. In certain situations you have the right to ask for processing of your personal data to be restricted because there is some disagreement about its accuracy or legitimate usage.
Right of erasure. In some cases, you have the right to be forgotten (i.e., to have your personal data deleted from our database). Where you have requested that we do not send you marketing materials we will need to keep some limited information in order to ensure that you are not contacted in the future.
Right of rectification. If you believe our records are inaccurate you have the right to ask for those records concerning you to be updated. To update your records please get in touch with us using the details in the “Contact us” section below.
Right to data portability. Where we are processing your personal data because you have given us your consent to do so, you have the right to request that the data is transferred from one service provider to another.
California Do Not Track Disclosures
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what Site and app operations should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
• By logging in to your account
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
Fair Information Practices
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you within 7 business days
We will notify the users via in-site notification within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
The Data of the users of Montauk Avenue is securely protected from unauthorized access. The measures we take to guarantee that your Data is protected from any alterations, accidental or unlawful destruction, and accidental loss. We always exert reasonable efforts in order to ensure the protection of your Data against misuse, loss or alteration by third parties. But you should also be aware that when information is transmitted over the Internet, transmissions are subject to a certain amount of risk. The security tools we employ and the procedures we implement to ensure the limitation of any access to personal and private information. With these tools and procedures, we can locate access by unauthorized users to prevent it. We are proud to offer security measures that abide by high industry standards. That is why we have not yet received complaints regarding cases of penetration of our security system. But there is always a certain amount of risk of thieves who may thwart the security system we implement.
Please note that subscribers receive email messages from Montauk Avenue informing them of products, improvements, new services offered, notices of scheduled services, etc. Should you choose to opt-out of receiving such emails, you can suspend your subscription.
Retention of Information
We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations. We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single User, but we cannot tell who that User is. We use this kind of data for research purposes and to help us develop and improve our services, and we take appropriate measures to ensure you cannot be re-identified from this data.
Terms of Service
These Terms of Service (“Terms”) are legally binding on all Clients of Maxmil LLC, including all of its divisions and subsidiaries (collectively “Maxmil LLC” “we” “our” “us”) for services offered through Montauk Avenue.
Acceptance of Terms; Binding Contract
The Terms constitute a binding agreement between Maxmil LLC and you (“Client” “you” “your”). The Terms apply to all services and products (each a “Service” and collectively “Services”), made available by Maxmil LLC to Client. Maxmil LLC’s acceptance of any booking is expressly conditioned upon Client’s assent to this Agreement. Client also agrees that Client’s electronic acceptance of this Agreement shall have the same force and effect as if Client had agreed to the Terms set forth in this Agreement in writing. No terms or conditions set forth in Client’s booking, to which notice of objection is hereby given, or in any further correspondence between Client and Maxmil LLC shall alter or supplement this Agreement unless both Maxmil LLC and Client have expressly agreed in writing to modify this Agreement. Neither Maxmil LLC commencement of performance nor completion of Services shall be deemed or construed as acceptance of Client’s additional or different terms and conditions. Maxmil LLC reserves the right to reject any booking or to cancel any booking previously accepted if Maxmil LLC determines that Client is in breach of any term or condition set forth in this Agreement.
Maxmil LLC provides its services to Client subject to this Agreement and the pricing plans, which may be updated from time to time without notice. By using Maxmil LLC Service or Services, Client agrees to the most current version of the Terms.
Description of Services and Term
Maxmil LLC provides blogging, holistic coaching and sale of merchandise to Clients. Maxmil LLC is not reliable for healing from any physical and mentally illness. Maxmil LLC only provides the advice that promotes health and overall wellbeing of the body. If client is seeking for cure, or medical treatment from any illness, they must seek medical advises or visit a doctor. Client will agree on our Terms before receiving our Service.
All booking must be paid in upfront. Payment is made by way card or bank transfer.
Refusal of Service
The Service is offered subject to our acceptance of your booking or request for Service. We reserve the right to refuse service to any booking, person or entity, without any obligation to explain our reason for doing so. A booking is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your booking after payment has been processed, we will not refund your money.
Cancellations & Refunds
Any cancellation request must be made to us within 24 hours, failing to inform us we will not refund your payment.
All subscription membership can be canceled anytime after 1 bill cycle, client must inform us within 48 hours after your first bill cycle.
Third Party Websites
There are third party links provided for your convenience on the Site. These websites are provided mainly for your assistance. You understand and agree that we are not accountable or liable for the availability, accuracy, content or policies of third party website or resources. Unless otherwise indicated by us, links to such website or resources do not imply any endorsement by or affiliation with Montauk. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We review our Site periodically for broken and out-of-date links and we have the right to revise, remove or post links at any time. However, situations which are not controlled by us include links to external websites. These third party links may expire over time. If you would like to report problems with links on our Site, please send an email to email@example.com.
Maxmil LLC disallows the uploading, posting or otherwise making available on the Site any artwork, photos, videos, audios, text or other submission of material (collectively “Submissions”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Site, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.
The Site and Service contain intellectual property owned by Maxmil LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Montauk Avenue domain name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.” The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.
Disclaimers and Limitations of Liability
THE INFORMATION ON OUR SITE IS PROVIDED ON AN “AS IS," “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. INFORMATION ON OUR SITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL Maxmil LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR SERVICE, YOUR SITE USE, OR THE SITE CONTENT, EVEN IF ADVISED OF THE COMPANY’S ABILITY OF SUCH DAMAGES.
ADDITIONALLY, Maxmil LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (B) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (C) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE ,GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PUR COMPANY AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS APPLIES EVEN IF Maxmil LLC WAS ADVISED OF THE COMPANY’S ABILITY OR COULD HAVE FORESEEN THE DAMAGES.
THE WEBSITE AND SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
BECAUSE ANY WEIGHT LOSS OR HEALTH MODIFICATION PLAN CAN RESULT IN SERIOUS INJURY, WE URGE YOU TO OBTAIN A PHYSICAL EXAMINATION FROM A DOCTOR BEFORE USING ANY WEIGHT LOSS PRODUCTS OR SERVICES. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION FOR CHANGES IN DIET INCLUDING THE USE OF FOOD SUPPLEMENTS, WEIGHT REDUCTION AND/OR BODY BUILDING ENHANCEMENT PRODUCTS ARE ENTIRELY YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN PRIOR TO UNDERGOING ANY DIETARY OR FOOD SUPPLEMENT CHANGES. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS WEBSITE AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms constitute the entire agreement between you and Maxmil LLC pertaining to the Site and Service and supersede any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Maxmil LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Maxmil LLC.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Governing Law; Venue; Arbitration
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in. Any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in court. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Modification of Terms
We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.