Terms of Service

Terms & Conditions — Make You Get It LLC (MYG)

1. Introduction & Purpose

1.1 These Terms & Conditions (“Terms”) govern all services, contracts, and engagements between Make You Get It LLC (“MYG”) and its clients, partners, and affiliates. By accessing MYG’s services, you agree to be bound by these Terms.

1.2 Purpose. The purpose of these Terms is to ensure transparency, accountability, and compliance with federal, state, and local regulations, including but not limited to HIPAA, FERPA, CPRA, ADA, and GDPR (where applicable).

1.3 Definitions. For clarity, “Client” refers to the individual, family, organization, or entity engaging with MYG. “Services” refers to all consulting, advocacy, training, or related offerings. “Deliverables” refers to any reports, strategic plans, or tools produced by MYG.

1.4 Updates. These Terms may be updated periodically, and material changes will be communicated via email or website notice. Use of services after changes constitutes acceptance of the revised Terms.

2. Scope of Services

2.1 MYG provides strategic consulting, advocacy, trauma-informed training, workforce development, leadership coaching, equity planning, and community engagement solutions.

2.2 Exclusions. MYG does not provide direct medical treatment, legal representation, or financial investment services. Any referrals to outside providers are for informational purposes only.

2.3 Customization. Services may be tailored to meet client needs, and scope will be defined in a written service agreement.

2.4 Limitations. MYG cannot guarantee specific outcomes, as success depends on client cooperation, system variables, and external conditions beyond MYG’s control.

3. Client Responsibilities

3.1 Accuracy. Clients must provide truthful, complete, and accurate information when engaging with MYG.

3.2 Cooperation. Clients agree to cooperate with MYG staff, respond to requests for information, and participate actively in the planning and implementation of solutions.

3.3 Compliance. Clients are responsible for complying with applicable laws, school regulations, court orders, and other third-party requirements relevant to the services provided.

3.4 Non-Interference. Clients must not interfere with MYG’s ability to perform services, including withholding documents, misrepresenting facts, or obstructing staff.

4. Fees, Payments & Refunds

4.1 Payment Obligations. Clients agree to pay all fees according to the schedule set forth in service agreements or invoices.

4.2 Methods of Payment. Accepted forms include credit card, ACH, check, or other authorized methods. All transactions are processed securely and receipts will be provided.

4.3 Late Payments. Overdue balances may incur interest at 1.5% per month (or the maximum allowed by law). MYG reserves the right to suspend services until payment is made.

4.4 Refunds. Refunds are limited to situations where MYG cannot provide contracted services. Refunds are not provided for client cancellations, lack of participation, or dissatisfaction with subjective outcomes unless otherwise required by law.

4.5 Adjustments. Fee structures may vary for nonprofit or government contracts, subject to negotiation and approval.

5. Confidentiality & Data Protection

5.1 Confidentiality. All client information is treated as confidential, unless disclosure is required by law, court order, or regulatory obligation.

5.2 Privacy Laws. MYG adheres to HIPAA for health data, FERPA for education records, ADA for accessibility, and CPRA/GDPR for data protection where applicable.

5.3 Security. MYG applies encryption, access controls, secure storage, and staff training to safeguard data.

5.4 Exceptions. Confidential information may be disclosed if necessary to:
• Prevent imminent harm to self or others
• Comply with subpoenas or legal investigations
• Report suspected abuse or neglect as mandated by law

5.5 Data Retention. Client records will be maintained for a minimum of seven years, after which they will be securely deleted or destroyed unless subject to ongoing legal or regulatory holds.

6. Intellectual Property

6.1 Ownership. All intellectual property created, designed, or delivered by MYG—including reports, graphics, training materials, presentations, databases, and strategic frameworks—remains the sole property of MYG unless explicitly transferred in writing.

6.2 Client License. Clients receive a limited, non-exclusive, non-transferable license to use deliverables internally. Clients may not resell, redistribute, or republish deliverables without express written consent.

6.3 Third-Party Materials. MYG may use licensed third-party materials. Such materials remain governed by their respective licenses.

6.4 Enforcement. Unauthorized use of MYG intellectual property may result in legal action, including injunctions and claims for damages.

7. Partnerships & Affiliates

7.1 Subcontractors. MYG may engage subcontractors or affiliates to deliver specialized services. These third parties are bound by confidentiality and compliance agreements.

7.2 Disclaimer of Liability. MYG is not responsible for errors or omissions by independent contractors, vendors, or affiliates unless negligence by MYG is proven.

7.3 Financial Obligations. Partnership financial terms, including contributions or commissions, must be agreed upon in writing. Negotiated contributions may include a percentage of proceeds (e.g., up to 30%) as part of partnership agreements.

7.4 No Agency. Partnership does not create an agency, employment, or joint venture relationship.

8. Limitation of Liability

8.1 Maximum Liability. MYG’s liability shall not exceed the total fees paid for services under dispute.

8.2 Excluded Damages. MYG is not liable for indirect, incidental, punitive, or consequential damages, including lost revenue or data, arising from use of services.

8.3 Reliance Disclaimer. MYG services provide strategic guidance but do not guarantee outcomes in legal, medical, or educational matters.

8.4 Statutory Rights. These limitations apply to the extent permitted by law and do not limit consumer rights under applicable statutes.

9. Indemnification

9.1 Client Duty. Clients agree to indemnify and hold harmless MYG, its officers, employees, and affiliates against claims, damages, or expenses arising from:
• Client’s breach of these Terms
• Client’s misuse of services or deliverables
• Violations of law or third-party rights by the Client

9.2 Survival. This obligation survives termination of services.

10. Force Majeure

10.1 Excused Performance. MYG is not responsible for failures or delays caused by events beyond its reasonable control, including natural disasters, pandemics, strikes, power outages, cyberattacks, or government restrictions.

10.2 Notice. MYG will notify clients as soon as practicable of any such event affecting services.

10.3 Mitigation. MYG will make commercially reasonable efforts to mitigate the impact of force majeure events.

10.4 Termination Option. Either party may terminate the agreement if the event continues for more than 60 days.

11. Governing Law & Jurisdiction

11.1 Jurisdiction. These Terms are governed by the laws of the State of California, without regard to its conflict-of-law provisions.

11.2 Federal Compliance. Where federal law supersedes, such as in HIPAA, FERPA, and ADA matters, MYG adheres to federal standards.

11.3 Venue. Any disputes shall be resolved in the courts of Alameda County, California, unless arbitration applies.

12. Dispute Resolution

12.1 Mediation First. Parties agree to attempt mediation in good faith before pursuing other remedies.

12.2 Arbitration. If mediation fails, disputes shall be settled through binding arbitration under the American Arbitration Association (AAA). Arbitration will take place in Oakland, California, and each party shall bear its own costs unless otherwise decided.

12.3 Litigation. Litigation may proceed only if arbitration is unavailable or if injunctive relief is required to prevent irreparable harm.

12.4 Class Action Waiver. Clients waive the right to participate in class or collective actions against MYG.

13. Amendments & Modifications

13.1 Right to Amend. MYG reserves the right to amend these Terms at any time.

13.2 Notice. Clients will be notified of material changes through email or website updates.

13.3 Acceptance by Conduct. Continued use of services constitutes acceptance of modifications.

13.4 Retroactivity. Amendments will not retroactively apply to disputes that arose before their effective date.

14. Termination of Services

14.1 Termination by Client. Clients may terminate services with 14 days’ written notice.

14.2 Termination by MYG. MYG may terminate services immediately if:
• Fees remain unpaid after due date
• Client engages in illegal, unethical, or abusive conduct
• Client materially breaches these Terms

14.3 Effects of Termination. Termination does not relieve Client of payment obligations accrued up to the termination date.

14.4 Post-Termination Duties. Confidentiality and indemnification obligations survive termination.

15. Volunteer & Staff Conduct

15.1 Ethics. Volunteers and staff must comply with MYG’s ethical standards, confidentiality rules, and professional conduct codes.

15.2 Non-Discrimination. Volunteers and staff must provide services without discrimination based on race, ethnicity, religion, gender, disability, sexual orientation, or age.

15.3 Liability Shield. Volunteers are covered under MYG’s liability protections when acting within the scope of their role.

15.4 Dismissal. Violations of policy may result in removal from service roles.

16. Telehealth & Remote Services

16.1 Scope. MYG may coordinate telehealth, translation, or remote advocacy sessions through HIPAA-compliant platforms.

16.2 Consent. Clients must provide informed consent prior to telehealth services.

16.3 Technology. Clients are responsible for maintaining adequate devices, internet, and privacy during sessions.

16.4 Risks. While telehealth expands access, risks include interruptions, technical failures, and confidentiality breaches outside MYG’s control.

16.5 Limitations. Telehealth does not replace emergency medical care or legal representation.

17. Donor & Sponsor Terms

17.1 Voluntary Contributions. All donations or sponsorships to MYG are voluntary and non-refundable.

17.2 Transparency. MYG provides receipts, annual reports, and acknowledgment letters as required by law.

17.3 Restrictions. Donations earmarked for specific programs must be used accordingly unless otherwise agreed.

17.4 Sponsorships. Corporate sponsors must sign partnership agreements outlining obligations and benefits.

17.5 Compliance. MYG complies with IRS, state charity regulators, and other authorities overseeing fundraising.

18. Accessibility & Non-Discrimination

18.1 Policy. MYG does not discriminate on the basis of race, color, national origin, gender, disability, religion, age, sexual orientation, or socioeconomic status.

18.2 ADA Compliance. Facilities, programs, and services are ADA-accessible.

18.3 Reasonable Accommodations. Clients may request accommodations by contacting MYG in advance.

18.4 Title VI Assurance. MYG complies with Title VI of the Civil Rights Act, ensuring no one is excluded from services.

19. Compliance Statement

19.1 Regulatory Framework. MYG complies with HIPAA, FERPA, ADA, CPRA, and other applicable federal and state laws.

19.2 Industry Standards. MYG follows best practices in consulting, advocacy, and nonprofit management.

19.3 Audits. Clients and regulators may request compliance reports subject to confidentiality agreements.

19.4 Oversight. Compliance is monitored internally by MYG leadership and externally by regulatory authorities.

20. Contact Information

Make You Get It LLC (MYG)
Email: info@makeyougetit.com
Phone: 510-756-5700
Address: 1900 Powell Street, Suite 700, Emeryville, CA 94608
Business Hours: Monday–Friday, 9 AM–6 PM PST

Appendix A — Glossary of Key Terms

HIPAA: Health Insurance Portability and Accountability Act
FERPA: Family Educational Rights and Privacy Act
ADA: Americans with Disabilities Act
CPRA: California Privacy Rights Act
GDPR: General Data Protection Regulation (where applicable)
10DLC: 10 Digit Long Code for text messaging compliance
SLA: Service-Level Agreement

Appendix B — Service-Level Agreements (SLA)

Response Times: Standard inquiries answered within 3 business days.
Urgent Matters: Response within 24 hours.
Escalation: Clients may escalate issues to MYG executive leadership.
Service Continuity: Backup plans exist for telehealth, consulting, and advocacy services.
Confidentiality: SLAs integrate with privacy protections and data retention policies.

Appendix C — Partnership Model

Partnerships may involve negotiated contributions, which can include percentage-based allocations. While MYG may propose up to 30% alignment contributions, final terms are subject to negotiation.

Appendix D — Disclaimers

Affiliate Disclaimer: MYG may recommend affiliate partners. Any benefits received will be disclosed.

External Links Disclaimer: MYG websites may contain external links. We are not responsible for third-party content.

Testimonial Disclaimer: Client testimonials reflect personal experiences. Results may vary.