BEEHIVE STRONG LLC

TERMS AND CONDITIONS OF SERVICE AGREEMENT

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY VOLUNTARILY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF OCTOBER 25th, 2019.

 

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Beehive Strong LLC, also known as Beehive Strong, and our subsidiaries and affiliates, in association with the use of the Beehive Strong website, which includes beehivestrong.com, (the "Site") and its Services, which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

The Site is an e-commerce website containing a blog which has the following description:

 

The purpose of our website is to allow clients to sign up, pay, and schedule our services. It also serves as a blog, that will periodically be updated with new content providing information about the exercise and basic health principles.

 

Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.

 

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Beehive Strong LLC. At its discretion, Beehive Strong LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Beehive Strong LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user VOLUNTARILY acknowledge, accept and agree that Beehive Strong LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

 

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Beehive Strong LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

 

INITIATION of SERVICES POLICY

 

Initiation of services will be completed online, first by the consumer voluntarily signing up for the package deemed appropriate by the consumer and voluntarily paying for the first payment at this time. Under will personal training services, exercise advice, or exercise programs will be initiating without the following being completed:

 

  1. Consumer voluntary requesting initiation of services.

  2. Consumer voluntarily pays for the entire first month of a 3-month commitment of scheduled video meetings.

  3. Consumer voluntarily signs and returns waiver agreement. If the waiver is given to the consumer and is not returned but continues to initiate services, this will be accepted as implied agreement to the waiver and acceptance of all terms, conditions, and risks or injuries associated with exercise and physical activity.

  4. Consumer voluntarily fills out our Medical history questionnaire to the best accuracy of their ability.

    1. Mandatory information will include all traumatic injuries, hospitalizations, surgeries, diagnosed diseases, and medications.

  5. Consumer has provided an emergency contact and their current location of meeting.

  6. Initial Evaluation video session is scheduled.

 

Scheduling & Cancellation Policy

 

Scheduling

 

Scheduling will be on a “first come, first served” basis. There will be no priority given to different package holders or for the length of time they have been a client. Scheduling in advance will be highly encouraged so that clients get the best opening available for their needs. Scheduling will be available in accordance with each trainer’s availability; if the selected trainer is not available the consumer may schedule with the other trainer and is not locked into a particular trainer’s scheduling throughout the entirety of their commitment. However, if a trainer is not able to make a session the other trainer may take his or her place with notice to the consumer, who may choose to proceed or reschedule the session with no penalty of rescheduling within the day of policy.

 

Rescheduling the day of, same calendar date, may be available only if the rescheduling does not change the calendar date and just the time, with no guarantee that the newly desired time is available. All other day of requests to reschedule to a new calendar date will be charged a cancellation fee in accordance with our cancellation policy.

 

Cancellations

 

ALL CANCELLATIONS MUST BE SUMBITTED THROUGH EMAIL.

 

Cancellations must occur before the day of to avoid our cancellation fee consisting of the full cost of the session that was considered to be a no show even if notice was given the day of. The “day of” will be defined as 12:00 am of the same day the session was to occur with no calendar date change. Cancellations requested the previous calendar date submitted at 11:59 pm will be honored with no cancellation fee. All cancellation requests submitted before the day will not be charged the cancellation fee and the missed meeting can be rescheduled for a more appropriate time at the digression of the client on the basis the desired time is available.

 

With the understanding that there are times that a scheduled session may not occur situationally, each client will be given a one-time waiver of the cancellation fee. This will be recorded and reported to the client that this waiver has occurred.

 

Termination of Services & Refund Policy

 

Termination of Services

 

Termination of services must be submitted through email to beehivestrongllc@gmail.com or through another written source, excluding texts and online video sessions. The submission must be before the day of their next scheduled, if previously scheduled, video session is to occur. Once the submission of termination of service has been submitted the person(s) will no longer in any way be considered a client of Beehive Strong LLC and will not receive any services after the date and time, is possible, without the requesting to initiate services again has entirely been completed as per policy. Records of the client’s personal training history will be kept in its entirety with no distribution without written consent from the previous client.

 

Commitment address

 

Refunds

 

  1. A full refund will be given only under the circumstance that NO initiation/evaluation session has occurred and the obligation to the 3-month initial commitment will be withheld that previously required the payment at the beginning of each new month.

  2. If the initial/evaluation session has occurred a $30 fee will be charged to the amount initially paid and the rest paid will be refunded and the obligation to fulfill the 3-month initial commitment will be withheld that previously would require the payment at the beginning of each new month.

  3. If the initial/evaluation session and the first training session has occurred a $30 fee will be charged for the initial/evaluation session plus the cost of that session will be charged to the amount initially paid and the paid costs after the fees are paid will be refunded in regards to unused sessions and the obligation to fulfill the 3-month initial commitment will be withheld that previously would require the payment at the beginning of each new month.

  4. If any sessions have been completed after the initial/evaluation session and the first training session, only half of the refund per session price will be refunded after the initial/evaluation and first training fees are paid, except when the next month and thus a new payment has been received for that month. The commitment of 3-months will be upheld and only the payment received will be considered in receiving the refund. All future committed to prices will be charged at full price. This refund policy will be applied based on the last payment received and the length left in the agreed commitment of service upon initiation of services.

  5. If a client has fully prepaid the 3-month commitment and or agreed to commitment length upfront,  the initial/evaluation fee and the first training session fee, based on the price of session, will be applied and all other sessions that are unused will be refunded half the price per session. Because the cost of the committed training time was paid up front, there will be no further commitment unless requested by the previous client to enter a new commitment after all initiation of services policy requirements have been met.

  6. If a monthly payment received than that of being charged at that time, the excess payment will be applied towards the next committed month’s charges and any refunds requested will follow the refund policy as stated in section D.

 

Risk of Participation

 

By voluntarily requesting and engaging personal training and physical exercise or activity at own risk and assume the risk of any and all injury and/or damage you may suffer while engaging in physical exercise or not sustained during physical exercise and with or without a trainer present. This includes any injury, damage, or illness that occurs while considered a client of Beehive Strong including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any equipment suggested or not suggested that you exercise with, regardless of the location of where the exercise takes place. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise. 

 

Injury Policy

 

In the scope of practice of personal trainers have no legal or medical qualifications to diagnose injuries, bodily damage, or bodily illnesses. Beehive Strong personal trainers will not under any circumstances diagnose any client, instead clients that feel they have an emergency, urgent, or any other time of illness will be referred to the emergency room or other qualified medical professionals.

 

All injuries that occur from personal training or that otherwise occur must be “reported” to us within 48 hours of occurrence.

 

Social Media

 

All voluntarily recorded or given media will be available to use on any of the social media options at Beehive Strong’s digression with any information not used without permission to do so.

 

Dress Code Policy

 

During any of the schedule video sessions with Beehive Strong that exercise is planned to occur, appropriate clothing must be worn that is suitable for physical activity, failure to comply will result in termination of the session or the session will be conducted as client education only with no physical activity and exercise.

 

Sharing of Beehive Strong Material

 

Sharing of any material or programs purchased through Beehive Strong LLC is strictly prohibited without written consent. Any prohibited release of material from Beehive Strong LCC through any of its staff will lead involvement of legal teams and prosecution.

 

PRIVACY POLICY

 

Every member's registration data and various other personal information are strictly protected by the Beehive Strong LLC Online Privacy Policy (see the full Privacy Policy at https://www.beehivestrong.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Beehive Strong LLC and/or our subsidiaries and affiliates.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

 

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).

 

Furthermore, you state and pledge that you:

 

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

 

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

 

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

 

d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

 

Beehive Strong LLC shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Beehive Strong LLC the below listed worldwide, royalty-free and nonexclusive licenses, as applicable:

 

a) The content submitted or made available for inclusion on the publicly accessible areas of Beehive Strong LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Beehive Strong LLC's sites, and shall terminate at such time when you elect to discontinue your membership.

 

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Beehive Strong LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Beehive Strong LLC's sites and shall terminate at such time when you elect to discontinue your membership.

 

c) For any other content submitted or made available for inclusion on the publicly accessible areas of Beehive Strong LLC's sites, the continuous, binding and completely sublicensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

 

Those areas which may be deemed "publicly accessible" areas of Beehive Strong LLC's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.

 

CONTRIBUTIONS TO COMPANY WEBSITE

 

Beehive Strong LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

 

a) your contributions do not contain any type of confidential or proprietary information;

 

b) Beehive Strong shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

 

c) Beehive Strong shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

 

d) the contributor's Contributions shall automatically become the sole property of Beehive Strong; and

 

e) Beehive Strong is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

 

INDEMNITY

 

All users herein agree to insure and hold Beehive Strong LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Beehive Strong Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

 

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Beehive Strong's sites.

 

MODIFICATIONS

 

Beehive Strong LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

 

ADVERTISERS

 

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Beehive Strong LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

 

LINKS

 

Either Beehive Strong LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Beehive Strong LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

 

PROPRIETARY RIGHTS

 

You do hereby acknowledge and agree that Beehive Strong LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Beehive Strong LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Beehive Strong LLC Services (e.g. Content or Software), in whole or part.

 

Beehive Strong LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Beehive Strong LLC for use in accessing our Services.

 

WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

a) THE USE OF BEEHIVE STRONG LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. BEEHIVE STRONG LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

b) BEEHIVE STRONG LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT

(i) BEEHIVE STRONG LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;

(ii) BEEHIVE STRONG LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BEEHIVE STRONG LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;

(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND

(v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

 

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BEEHIVE STRONG LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

 

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BEEHIVE STRONG LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BEEHIVE STRONG LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

a) THE USE OR INABILITY TO USE OUR SERVICE;

 

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

 

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

 

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

 

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

RELEASE

 

In the event you have a dispute, you agree to release Beehive Strong LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

 

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

 

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Beehive Strong LLC's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Beehive Strong LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

 

EXCLUSION AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

THIRD PARTY BENEFICIARIES

 

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

 

NOTICE

 

Beehive Strong LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand and agree that all of the Beehive Strong LLC trademarks, copyright, trade name, service marks, and other Beehive Strong LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Beehive Strong LLC. You herein agree not to display and/or use in any manner the Beehive Strong LLC logo or marks without obtaining Beehive Strong LLC's prior written consent.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

 

Beehive Strong LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Beehive Strong LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

 

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

 

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

 

c) A description of the location of the site which you allege has been infringing upon your work;

 

d) Your physical address, telephone number, and email address;

 

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

 

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

 

The Beehive Strong LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

 

Telephone: 385-224-3358

Email: beehivestrongllc@gmail.com

 

CLOSED CAPTIONING

 

BE IT KNOWN, that Beehive Strong LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at beehivestrong.com.

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT

 

This TOS constitutes the entire agreement between you and Beehive Strong LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Beehive Strong LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Beehive Strong LLC Services, affiliate Services, third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

 

It is at the mutual agreement of both you and Beehive Strong LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Utah without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Beehive Strong LLC, shall be filed within the courts having jurisdiction within the County of Utah County, Utah or the U.S. District Court located in said state. You and Beehive Strong LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

 

At any time, should Beehive Strong LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

STATUTE OF LIMITATIONS

 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within

4 (Utah Code § 78B-2-307(3) (2016)) year(s) after said claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

 

Please report any and all violations of this TOS to Beehive Strong LLC as follows:

 

Telephone: 385-224-3358

Email: beehivestrongllc@gmail.com