Legal Hub

Disclaimer

This Disclaimer applies to the Be Your Best website and any related blog content, emails, programs, coaching services, downloads, memberships, and products (collectively, “Services”). Be Your Best is operated by My Megahertz LLC / DBA Be Your Best (collectively, “we,” “us,” or “our”).

For Educational and Informational Purposes Only

The information contained in our Services is for educational and informational purposes only and is made available to you as self-help tools for your own use. While we draw on professional experience and training, you acknowledge that we support you exclusively in the role of a health coach.

Not Medical Advice

The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your physician, therapist, licensed dietitian/nutritionist, or other qualified healthcare professional. We are not medical practitioners or mental health providers, and we do not diagnose, treat, or cure any disease or condition.

Consult Your Physician or Qualified Provider

Always seek the advice of a qualified healthcare professional regarding any questions you may have about your health, pregnancy, known or suspected allergies, dietary restrictions, or medications. Do not disregard or delay professional advice because of information you read or receive through our Services.

Not Evaluated by the FDA

Information provided through the Services has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

Personal Responsibility & Assumption of Risk

You acknowledge you are participating voluntarily and are solely responsible for your decisions, actions, and results. Any use of information, recipes, suggestions, or recommendations is at your own risk.

No Guarantees

We do not guarantee results. Individual outcomes vary based on many factors including starting point, health history, genetics, consistency, and personal effort.

External Links

Links or references to other businesses or entities do not constitute endorsement. We are not responsible for the content or practices of third-party sites.

Limitation of Liability & No Warranties

Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties and shall not be liable for damages arising from use of the Services.

Emergency Notice

If you are experiencing a medical emergency, call 911 (or your local emergency number) immediately.

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Terms & Conditions

By subscribing, purchasing, accessing, downloading, or otherwise using Be Your Best memberships, programs, services, products, websites, or private communities (the “Program/Services”), you agree to our Disclaimer, Privacy Policy, and these Terms.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PROGRAM OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND WEBSITE.

Program Availability & Accuracy

We try to ensure availability is uninterrupted and error-free, but we cannot guarantee access will not be suspended or restricted for maintenance, repairs, or improvements. Information may contain inaccuracies or typographical errors and may be updated without notice.

Eligibility

This Program is intended solely for users who are eighteen (18) years of age or older. Use by anyone under 18 is unauthorized.

Your Conduct

You must use the Program and any private community spaces for lawful purposes only. You must not:

• Engage in fraudulent or unlawful activity
• Post or transmit illegal, harmful, abusive, defamatory, obscene, or infringing material
• Transmit viruses, malware, spam, chain letters, mass mailings, or similar content
• Impersonate others or mislead as to the origin of content
• Reproduce, duplicate, copy, or resell our content in violation of these Terms

Online Commerce & Payments

Transactions may be processed through third parties such as Personify, PayPal, and Square. Their privacy and data practices may differ from ours. You agree to be financially responsible for purchases made by you or someone acting on your behalf.

Refund Policy

Due to the nature of downloadable/digital products, we do not issue refunds at any time for any reason. By purchasing, you agree to this policy.

License & Intellectual Property

Program materials are protected by intellectual property laws. You are granted a limited, revocable, non-transferable license for permitted use only. You may not duplicate, share, sell, or distribute Program materials to other professionals who have not purchased access.

Termination

We reserve the right to refuse or terminate access at any time without notice. Disclaimers, limitations of liability, and usage restrictions survive termination.

Governing Law

These Terms are governed by the laws of New York and New Jersey.

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Privacy Policy

My Megahertz LLC, operating under the brand Be Your Best (“we,” “us,” or “our”), respects your privacy. This Privacy Policy explains how we collect, use, store, and protect your information when you visit www.beyourbest.nyc, purchase products, use our memberships, or interact with our services, including SMS and email communications.

1. Information We Collect

We may collect the following information:

Personal Information

• Name
• Email address
• Phone number
• Billing address
• Account login details
• Payment information (processed securely through third-party platforms such as Stripe, PayPal, or WildApricot)

Automatically Collected Data

• IP address
• Browser type
• Device information
• Pages visited on our website
• Cookies, analytics data, and tracking pixels

Membership & Coaching Information

• Form submissions
• Food preferences
• Uploaded files
• Health or lifestyle details voluntarily provided by you

2. How We Use Your Information

We use your information to:

• Provide and manage your Be Your Best membership
• Deliver digital menus, programs, downloads, and guides
• Send SMS and email notifications (appointment reminders, membership updates, marketing messages)
• Process payments and manage subscriptions
• Improve website performance and customer experience
• Send promotions or updates if you’ve opted in
• Comply with legal or regulatory requirements

3. SMS & Email Communications (10DLC Compliance)

By providing your phone number, you consent to receive text messages from us regarding:

• Membership access
• Program reminders
• Account updates
• Customer support
• Promotional offers (only if you opt in)

4. Mobile Information

5. Third-Party Services

We use trusted third parties to operate our business, including:

• WildApricot (membership platform)
• ClickSend (SMS communication)
• Zapier (automation)
• Google Workspace (email and document storage)
• Stripe / PayPal (payments)
• That Clean Life / Meal Garden (menu generation)
• CloudConvert (file processing)
• Analytics tools (Google Analytics, Meta pixels)

These partners may access your information only as necessary to perform services on our behalf.

6. Cookies & Tracking

We use cookies to:

• Personalize your experience
• Improve navigation
• Analyze website behavior
• Maintain login sessions

You may disable cookies through your browser settings.

7. Data Storage & Security

We store your data securely using encryption, firewalls, and industry-standard security measures. Only authorized personnel may access your information for business purposes.

8. Data Sharing

We do not sell, trade, or rent your personal information.

We may share data only:

• With service providers necessary to operate our business
• To comply with legal obligations
• To protect our rights, customers, or systems

9. Your Rights

You may:

• Request access to your data
• Request deletion of your data
• Unsubscribe from email or SMS lists
• Update your information
• Request clarification about how your data is used

To submit a request, email askme@beyourbest.nyc.

10. Children’s Privacy

Our content is family-friendly, but our services are not directed at children under 13. We do not knowingly collect personal information from children.

11. Changes to This Policy

We may update this Privacy Policy as needed. Updates will be posted on this page with a new “Last Updated” date.

12. Contact Us

My Megahertz LLC
Be Your Best
Email: askme@beyourbest.nyc
Website: www.beyourbest.nyc

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SMS / ClickSend Messaging Policy (Legal Excerpt)

If you opt in to receive SMS/text messages from Be Your Best, you consent to receive recurring messages (including service updates, membership messages, reminders, promotions if you opt in, and account-related notices) at the mobile number you provide.

Copy-Paste SMS Consent (Short Form)

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Contact

My Megahertz LLC / DBA Be Your Best
Email: askme@beyourbest.nyc
Website: www.beyourbest.nyc
Address: 31 West 34th Street, New York, NY 10001

© My Megahertz LLC • Be Your Best®