“Behind The Binge”

MaKai Nutrition LLC

Service Agreement

Terms and Conditions

The following terms (“Terms of Use”) constitute an agreement between MaKai Nutrition LLC(“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (“Website”), 

Throughout these terms, the collective content from the Website, Membership, and Membership Materials will be referred to as “Company Content.” 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. 

PURCHASE POLICY

On the Website, you may enroll in an ongoing membership in the Behind The Binge Society, which is delivered electronically (“Membership”).

To purchase the Membership, you will complete the purchase, which includes payment of a minimum of the first month of the time commitment, and create your Membership profile in order to access the materials. You will be in accordance with the program you selected for the Membership. Membership may be canceled at any time; however, no refunds will be authorized after fees have been charged and you will be charged any outstanding payments. To cancel or change your membership level, email info@makainutrition.com. Your access to the Membership will be disabled at the expiration of the period for which you have already paid. 

Refund Policy

No refunds are available for the Membership. 

Membership may be canceled at any time. You must provide 30 day notice of cancellation. Upon cancellation, your member account will be disabled at the expiration of the period for which you have already paid, and you will be charged any outstanding payments. You may avoid incurring additional fees by cancelling your Membership 30 days prior to the next billing date.

Tech Support or Customer Service Inquiries

If you encounter any issues when using the Membership, please contact customer service at info@makainutrition.com.

LICENSE FOR USE OF MEMBERSHIP MATERIALS

As an active member of the Membership, you will receive access to exclusive Membership content (“Membership Materials”). All Membership Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from written Company, except as stated herein.

If you would like to request to use certain Membership Materials, please email info@makainutrition.com. Until an authorization is received, you agree that you will not use the Membership Materials in any way not provided in these Terms. 

Please note that your purchase of the Membership is for one individual. Sharing logins so that multiple people may access the Membership or Membership Materials is strictly prohibited.

DISCLAIMER

You understand and agree that there is no guarantee that you will see positive results using the techniques and materials provided in the Company Content. Company assumes no management responsibility for your decisions or practices that you implement based on the Company Content. Company makes no guarantee about your future success based on your participation in the Program.

As part of the Program, these Program Participants may offer guidance or advice to Client. Participation in the Program does not create a client relationship with any other Program Participant. Any advice provided in the Program should not replace the advice that you receive from professionals with whom you have established a client relationship.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Company Content. 

NUTRITION DISCLAIMER

All information provided regarding nutrition in the Company Content is intended to be used for informational purposes only. Company Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Company Content is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, including following the nutrition information available in the Company Content, you should seek advice from a licensed professional. 

Company is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the Company Content.

The Food and Drug Administration has not evaluated the statements contained in any information in the Company Content. Individual results may vary.

WAIVER

You understand that any changes to your diet or fitness regimens, including changes to food or use of dietary supplements, carries a risk. If you implement changes based upon any Company Content, you are doing this at your risk and you do so with full knowledge and acceptance of such risks.

NO MEDICAL ADVICE IN THE COMPANY CONTENT

You understand and agree that Company may provide dietary, nutrition, wellness, and general healthy living information in the Company Content. If you enroll in the Membership, Company will act only as a facilitator, which will serve to guide and mentor you. You understand that Company does not provide: 

  1. Medical assessment or consultation;
  2. Medical advice or medical treatment; 
  3. Medical nutrition therapy or the practice of dietetics; 
  4. Counseling; or,
  5. Psychotherapy or psychoanalysis.

You understand that you must seek such services from the appropriate licensed provider. You understand that it is your responsibility to discuss all changes to your diet or potential dietary supplement use with your medical provider prior to making any changes.

YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT

The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.

USE OF THE WEBSITE 

Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license stated herein, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

  • Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content; 
  • Reproduction or duplication of any content on the Company Content for commercial purposes; 
  • Modification of any content in the Company Content; 

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company. 

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company’s express written permission. 

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use the Website for any third-party marketing without Company’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 

From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership. 

TRADEMARKS

Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership. 

CONTENT CONTRIBUTED TO THE WEBSITE

In limited circumstances, you may contribute content to the Company Content, including, but not limited to, suggestions, notes, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party. 

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Company Content.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. 

In the event that you contribute any comments or suggestions regarding the Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

 Facebook Group

Company has created a private Facebook group for Program Participants. Within this group, Confidential Information may be discussed. Client agrees that all information in the Program Facebook Group will be treated as Confidential Information.

Facebook is a third-party software. Presently, the group is set as secret and may not be accessed by the public. If, at any time, Facebook changes its policies or experiences a malfunction, and the Program Facebook Group becomes public, Client is responsible for deleting any confidential information from the Program Facebook Group.

COMMENT POLICY

The Website and Facebook group offer the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted: 

  • harassment directed toward any content creator or Company;
  • spam;
  • hate speech;
  • defamatory statements regarding Company or any third party;
  • references to illegal acts; or,
  • comments that may violate the legal rights of a third party. 

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy. 

MEMBERSHIP POLICY

The Website offers a Membership platform, which includes a Facebook community, where content may be contributed or uploaded. The following types of contributions will not be tolerated and will be deleted: 

  • harassment directed toward any content creator or Company;
  • spam;
  • hate speech;
  • defamatory statements regarding Company or any third party;
  • references to illegal acts; or,
  • contributions that may violate the legal rights of a third party. 

Company’s sole discretion will be used to determine if a member is in violation of these policies. Any member in violation will be deleted promptly and will no longer be able to access the Membership area of the Website. No refund will be due to a member who has been removed for a violation of this policy.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC. 

COMMUNICATION

If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

THIRD PARTIES

The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Company Content. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website. 

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Company Content, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES 

The Website and all Company Content is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website, Company Content, or the information and materials provided therein. 

Company makes no warranty the Website or Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and makes no warranty regarding translation or interpretation of content in any language.  

COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of South Carolina. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Greenville County, South Carolina. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. 

The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion. 

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company. 

All notices with respect to the Terms of Use must be in writing and may be via email to info@makainutrition.com for Company and to your email address. 

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