These Terms govern access to and use of Be Your Best™ websites, free resources, digital products, menu memberships, custom menu services, coaching, programs, community features, communications, and related Services.
Welcome to Be Your Best™, operated by My Megahertz LLC (“Be Your Best,” “Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern access to and use of www.beyourbest.nyc, related websites, community tools, free resources, digital products, memberships, menu services, coaching, programs, applications, communications, and other offerings we provide (collectively, the “Services”).
By accessing or using the Services, creating an account, submitting an application, purchasing a product, enrolling in a membership or program, or otherwise affirmatively agreeing to these Terms, you agree to be bound by them and by any additional terms displayed during checkout, application, enrollment, or purchase.
If you do not agree to these Terms, do not purchase, enroll in, or use the applicable Services.
Paid memberships, coaching, Custom Menu purchases, paid digital products, and other paid Services are intended for individuals who are at least 18 years old and legally able to enter into a binding agreement, unless a specific offer expressly states otherwise.
Individuals ages 13–17 may participate in eligible free app or community features with parent or guardian involvement. A parent or guardian should oversee the minor’s participation, privacy choices, account use, and information submitted through the Service.
Minors should not submit highly sensitive medical, financial, account-security, identifying, or precise-location information in community-visible areas.
Children under 13 may not directly create an account or submit personal information unless legally required parental notice and consent have been obtained through an applicable process.
You agree to provide accurate, current, and complete information when creating an account, submitting a form, applying for a program, or completing a purchase.
You are responsible for safeguarding account credentials and for activity conducted through your account. You may not use another person’s identity, payment method, or account information without authorization.
Be Your Best™ provides general health, nutrition, movement, stress-management, habit, lifestyle, and wellness education.
Services may include articles, videos, menu-planning tools, recipes, shopping lists, trackers, digital downloads, app/community resources, workshops, coaching, educational programs, and related tools.
The Services are not medical care, medical nutrition therapy, psychotherapy, diagnosis, treatment, prescription services, or emergency services.
They do not replace individualized care from physicians, registered dietitians providing medical nutrition therapy, therapists, pharmacists, or other appropriately licensed professionals.
Consult an appropriately licensed professional regarding symptoms, diagnoses, medications, supplements, laboratory testing, pregnancy, breastfeeding, food allergies, eating disorders, injuries, prescribed diets, or medical conditions.
Some information voluntarily submitted in connection with wellness tools, applications, coaching, or app features may qualify as health-related or sensitive information under applicable law.
Please provide only information reasonably necessary for the Service requested. Additional information about our collection and handling of personal and consumer-health-related information appears in our Privacy Policy .
Individual experiences and outcomes vary. We do not promise or guarantee specific weight, hormonal, metabolic, emotional, financial, fitness, laboratory, sleep, energy, digestive, or other health-related results.
Be Your Best™ may offer free wellness guides, downloads, educational resources, selected community content, or access to free app features.
Receiving or using a free resource does not by itself create a paid subscription, private coaching relationship, medical-provider relationship, or obligation to purchase another Service.
Free resources and community features remain subject to these Terms, the Privacy Policy, intellectual-property restrictions, and applicable community standards.
We may offer one-time digital products, recurring memberships, custom services, coaching packages, fixed-term programs, payment arrangements, and third-party products or services.
The applicable sales page, checkout, written proposal, or enrollment agreement identifies the material purchase terms for that Service.
By completing a purchase, you authorize the Company and its third-party payment processors to charge the payment method you provide for the amount and schedule disclosed at purchase.
Prices are shown in the currency displayed at checkout. Applicable taxes or other disclosed charges may apply. You are responsible for charges imposed independently by your bank, payment provider, mobile carrier, or other third party.
We may correct accidental pricing, description, or availability errors.
If an error materially affects a completed purchase, we may contact you to confirm corrected terms or cancel and refund the affected transaction where appropriate.
Recurring paid menu or wellness memberships may be canceled to stop future renewals. Cancellation does not automatically refund charges already processed, except where required by law or expressly stated in the applicable offer.
Refund eligibility for digital downloads or other digital products is governed by the applicable offer, checkout terms, and applicable law.
Coaching and longer-form programs may carry fixed commitments or continuing payment obligations. Cancellation and refund rights are governed by the applicable enrollment agreement, transaction terms, and applicable law.
Custom Menu scope, deliverables, price, payment terms, applicable cancellation or refund terms, and expected delivery timing are confirmed before purchase.
Nothing in these Terms limits any refund, cancellation right, or other remedy that cannot legally be waived.
Certain Be Your Best™ menu or wellness memberships renew automatically at the interval disclosed during enrollment.
Free Basic Membership does not create a paid recurring billing obligation unless you later affirmatively enroll in a paid plan.
Before enrolling you in an automatically renewing paid membership, the applicable enrollment process will disclose the material renewal terms presented for that offer, including the applicable price, billing frequency, renewal structure, and cancellation information.
We will obtain consent required by applicable law and provide any enrollment acknowledgment, renewal notice, material-change notice, or other notice required by applicable law.
Recurring paid memberships may be canceled to stop future automatic renewals using the cancellation methods made available for the applicable membership.
Where required by applicable law, we will provide a cancellation mechanism consistent with applicable requirements concerning ease and method of cancellation.
Use the cancellation option provided for the applicable membership or within your account where available.
You may also contact askme@beyourbest.nyc with the subject line Membership Cancellation for assistance with an applicable membership.
A recurring-membership cancellation does not eliminate payment obligations arising under a separate fixed-term coaching, program, installment, or enrollment agreement.
Some coaching services and programs are sold for a defined commitment period and are not ordinary cancel-anytime recurring memberships.
The Be Your Best™ 12-Month Transformation is a 12-month program commitment.
When offered, one payment of $4,800 or twelve monthly payments of $400 are alternative payment arrangements for the same 12-month program, subject to the applicable enrollment agreement.
Selecting the monthly-payment arrangement does not convert the 12-Month Transformation into a month-to-month or cancel-anytime coaching membership.
A request to discontinue participation, coaching contact, or program access does not by itself eliminate installment or payment obligations already agreed to under a fixed-term program.
Any right to terminate a program, discontinue future services, stop future installments, obtain a refund, or receive another remedy is determined by the applicable enrollment agreement and applicable law.
Quarterly coaching tiers, annual coaching arrangements, including Rhodium, and other fixed-duration Services may have their own commitment period, payment schedule, rescheduling rules, communication limits, cancellation provisions, and refund terms.
Nothing in these general Terms should be interpreted as stating that any specific coaching tier automatically renews unless that renewal is expressly disclosed as part of the applicable offer and enrollment process.
Certain coaching Services and programs may require an application, fit call, onboarding form, consent document, or separate enrollment agreement.
Submitting an application does not guarantee acceptance. Application review is intended to evaluate program fit, requested scope, expectations, and appropriateness of the Service and is not a medical eligibility determination.
A complimentary 10-minute fit call, when offered, is intended for one or two brief questions about program or coaching fit.
It is not a coaching session, medical consultation, diagnosis, treatment visit, psychotherapy session, or individualized nutrition consultation.
You remain responsible for your decisions, participation, healthcare, and actions. Coaching provides education, accountability, and wellness support within the applicable scope.
Session frequency, private check-ins, group calls, between-session communication, rescheduling, missed appointments, expiration rules, and access periods are governed by the applicable offer or enrollment agreement.
Coaching communications are not continuously monitored and are not emergency services.
Digital resources may be delivered through email, download link, website account, app, membership portal, third-party platform, or another disclosed method.
You are responsible for providing a valid email address, checking filtered folders, and maintaining compatible internet access and devices.
We may temporarily interrupt access for maintenance, security, technical repairs, provider outages, or improvements.
We do not guarantee continuous compatibility with every device, browser, operating system, or third-party platform.
The Be Your Best™ Health & Wellness Community app may include wellness content, journaling, gratitude tools, habit support, recipes, prayer resources, challenges, comments, and other community or educational features.
Use of the free app or community does not create a medical, therapeutic, or private coaching relationship.
Information you intentionally post in a community-visible area may be viewed by other users.
Do not post highly sensitive health, financial, account-security, identifying, or precise-location information in public or community-visible areas.
You may not use the Services to:
We may remove content or restrict access when reasonably necessary to protect users, the business, or the integrity of the Services.
By requesting a resource, creating an account, applying for a program, purchasing, or subscribing, you may receive transactional or service-related emails reasonably connected with that activity.
Marketing emails are sent according to the consent and preferences associated with your subscription. You may unsubscribe from marketing communications while still receiving necessary transactional, account, safety, purchase, or legal messages.
Do not send Social Security numbers, complete payment-card information, passwords, medical records, laboratory reports, complete medication lists, or other highly sensitive information through ordinary email or general website forms unless specifically requested through an appropriate secure process.
Providing a telephone number does not automatically enroll you in promotional text messaging. Where consent is required, you must separately opt in through the applicable process.
Unless otherwise stated, Be Your Best™ websites, brand elements, written content, downloads, menus, recipes, worksheets, graphics, photographs, videos, program materials, coaching resources, trademarks, logos, and other original materials are owned by or licensed to My Megahertz LLC and are protected by applicable intellectual-property laws.
When you lawfully obtain a digital resource, you receive a limited, non-exclusive, non-transferable license to use it for your personal and private household use, subject to the applicable purchase terms.
This permission does not authorize public distribution, resale, commercial use, publication, account sharing, or distribution of paid materials to persons outside your household.
Without prior written permission, you may not:
You retain ownership of original content you submit, subject to the rights reasonably needed for us to receive, store, process, display, or respond to that content for the purpose for which it was submitted.
You represent that you have the right to submit the information and that doing so does not violate another person’s rights or applicable law.
General suggestions or feedback may be used to improve the Services without payment or obligation, provided we do not publicly identify you without permission.
The Services may link to or integrate with outside payment, membership, form, booking, messaging, retail, social-media, analytics, or other service providers.
Third parties control their own products, services, availability, pricing, billing, returns, data practices, security, and terms.
We are not responsible for third-party acts, omissions, outages, claims, or policies except where required by law.
Some links may be affiliate or referral links. We may receive compensation from an eligible purchase or referral at no additional cost to you.
To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis.
We do not warrant that every Service will always be uninterrupted, error-free, secure, complete, current, or compatible with every third-party platform or device.
We do not warrant that use of the Services will produce a specific personal, professional, financial, weight, health, emotional, or lifestyle result.
Nothing in these Terms excludes rights, warranties, or remedies that cannot legally be excluded.
To the fullest extent permitted by applicable law, My Megahertz LLC and its owners, officers, employees, contractors, agents, and affiliates will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or connected with the Services.
To the fullest extent permitted by law, any monetary limitation applicable to claims involving a paid Service will be subject to the governing agreement, applicable law, and any limitation that can lawfully be enforced.
These limitations do not apply where prohibited by law or to liability that cannot legally be limited.
To the extent permitted by law, you agree to indemnify and hold harmless My Megahertz LLC and its owners, officers, employees, contractors, agents, and affiliates from third-party claims, losses, liabilities, and reasonable expenses arising from your unlawful use of the Services, violation of these Terms, infringement of another person’s rights, or unlawful content you submit.
We may suspend, restrict, or terminate access when reasonably necessary because of nonpayment, fraud, security concerns, unlawful behavior, abuse, intellectual-property violations, material breach of these Terms, or conduct that threatens another user or the Services.
Suspension or termination does not eliminate payment obligations already incurred under a purchase, payment arrangement, or fixed-term agreement.
We are not responsible for delays or failures caused by events reasonably beyond our control, including major internet, utility, platform, provider, government, security, weather, public-health, or similar disruptions.
When reasonably possible, we may adjust delivery dates, reschedule Services, substitute comparable delivery methods, or extend access.
These Terms and disputes arising from them are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where mandatory consumer law requires otherwise.
Before filing a formal claim, you and the Company agree to make a good-faith effort to resolve the issue informally by sending a written description of the dispute and requested resolution to askme@beyourbest.nyc .
Unless applicable law requires another forum, unresolved proceedings may be brought in a court of competent jurisdiction located in New York County, New York.
We may update these Terms to reflect changes in Services, technology, business practices, providers, or legal requirements.
The updated page will display a revised “Last updated” date.
Where required, we will provide additional notice or obtain consent before applying a material change.
Changes generally apply prospectively and do not retroactively alter completed purchases or signed agreements unless permitted by law.
If different documents apply to the same Service, the following order generally controls for matters specifically addressed:
Mandatory law controls over conflicting contractual language.
These Terms, the Privacy Policy, applicable checkout or proposal terms, and any applicable enrollment agreement together form the agreement concerning the relevant Service.
If a provision is found unlawful or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective.
Failure to enforce a provision does not waive the right to enforce it later.
You may not transfer your rights or obligations under these Terms without written permission.
The Company may assign these Terms in connection with a merger, reorganization, financing, asset transfer, or sale of the business, subject to applicable law.
Legally permitted notices and records may be provided electronically through email, account notices, website postings, or other disclosed electronic methods.
Our collection, use, protection, and disclosure of personal information, including certain health- and wellness-related information, is described in the canonical Be Your Best™ Privacy Policy .
Questions about these Terms, a purchase, membership cancellation, account access, or an applicable agreement may be sent to:
My Megahertz LLC
Doing business as Be Your Best™
Email:
askme@beyourbest.nyc
Website:
www.beyourbest.nyc
31 West 34th Street
New York, NY 10001
Where you can find Us!You can follow us on the Be Your Best YouTube Channel, But the best place to stay up to date with BE YOUR BEST Wellness Community is on Forums, just click below! |
