Bee The Wellness TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR COACHING AND RETREAT SERVICES, YOU HEREBY 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 10/01/2013.
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 Bee The Wellness, also known as Bee The Wellness, located at 2633 Lincoln Blvd, Suite 708, Santa Monica, California 90405 and our subsidiaries and affiliates, in association with the use of the Bee The Wellness website, which includes https://beethewellness.com, (the "Site") and its Services, which shall be defined below.
BOOKING RETREAT SERVICES
Bookings are accepted by phone, on our website, or by email. You must make payment for your arrangements in accordance with the instructions we give you. In order to reserve your place, a NON-REFUNDABLE deposit must be paid at the time of booking. The full balance must also be received prior to any date we may specify, which will usually be 90 days prior to your intended departure date. Bookings made three months or less before departure must be paid for in full at the time of booking. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as canceled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received. If you make a booking for someone other than yourself, you are required to share these Terms with all other travelers.
Air Travel is not included in the price of the Retreat and cancellation charges for Air Travel will be governed by the terms and conditions of the airline. Participants must NOT purchase air travel tickets to or from the destination until notified by Bee The Wellness. If participants purchase air travel before confirmation is received and the retreat is then canceled either by the guest or by Us, we will not be responsible for the expense of the ticket.
Please ensure you check all details of your Confirmation Invoice and all other documentation (including airline tickets) immediately on receipt. Please inform us immediately if anything appears to be incorrect. we cannot accept any liability if we are not notified of any inaccuracies in any documentation within 7 days of our sending it to you.
Participants are registered and priced at double occupancy by default, unless otherwise noted on their registration form. if you are traveling solo and would like us to pair you with a roommate, please let us know and we will be happy to assist you. All rooms have private bathrooms and pricing is based on room type within the retreat. Bee The Wellness makes all reasonable efforts to accommodate occupancy requests, but cannot be responsible if requests are not available. If the hotel charges an additional fee for special occupancy requests the guest will be solely responsible for that fee.
WHAT’S INCLUDED IN THE RETREAT
No Stress Travel - At Bee The Wellness, we think of all the details so you don't have to. We've researched the best locations, adventures and experiences, so come ready to adventure and we'll do the rest! Please see your individual itinerary for all the items included in your retreat.
WHAT’S NOT INCLUDED IN THE BEE THE WELLNESS RETREAT
Any items and matters not referred to in your itinerary, including, airfare, air-related taxes, and fees; additional fees charged by airlines such as checked and/or excess baggage, seat selections and any other services; passport and visa fees; insurances of all kinds; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; Optional Experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the guided holiday/vacation whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Cancellation by Registrant
Return of monies paid to Bee The Wellness will be refundable for individual cancellations per the cancellation table below, less any non-refundable payments/deposits made by Bee The Wellness to secure hotel accommodations, meals, tickets, admission tickets to attractions, transportation, etc. Also deducted from the net refundable amount will be any adjustments for room rate changes created by the cancellation (i.e., double to single). NO REFUNDS, for any reason, will be paid for individual cancellations received 60 days or less from the departure date. In the event that you initiate an improper credit card chargeback, we reserve the right to commence legal action against you and recover our costs and expenses, including legal fees.
- Greater than 90 days 50% refunded
- 90 - 60 days 10% refunded
- Less than 60 days no refund
- 20% fee for bookings that are transferred to another person or event
Cancellation or Rescheduling by one of Our Suppliers
In the event one of our suppliers chooses to change the departure date, the standard cancellation charges remain effective for the original departure date. Cancellation of an event or activity without Our consent is subject to standard cancellation charges.
Cancellation by Bee The Wellness
Bee The Wellness reserves the right to cancel any tour at its sole discretion. In the unlikely event a tour is canceled by us and we are unable to reschedule, all funds collected from any participant will be promptly refunded in full. Money is refunded to the original payer.
Changes to the Itinerary
Bee The Wellness and the Tour Manager/Tour Guide accompanying the trip reserve the right to make additions and deletions as believed advisable or necessary for the well-being of the group in their sole discretion. Tour Guides are not employees of Bee The Wellness.
AGREEMENT AND RELEASE FROM LIABILITY
Bee The Wellness, its owners, directors, officers, employees and affiliates, (collectively “BTW”), does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over other hotels or lodging facilities, airline, vessel or other transportation companies, local ground operators, providers or organizers of optional excursions food service or entertainment providers, etc. All such persons and entities are independent contractors. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier. As a result, BTW is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. In all cases, without limitation, including lodges, vehicles and activities directly owned or operated by BTW, BTW is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations at non-owned properties, structural or other defective conditions in non-owned hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safety, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, illness or death resulting from high altitude, dangers incident to recreational activities such as, hiking, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation, in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of BTW. I am aware that adventure travel such as that I am undertaking involves hazardous activities, in remote areas, with a risk of illness, injury or death which may be caused by forces of nature, altitude, animals, insects or flora, the negligence of persons and companies known or unknown, or of willful or criminal conduct of third parties. I am aware that weather conditions may be severe, adverse and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating on the trip. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and agree to hold harmless and release BTW from claims of negligence, whether by BTW or a third-party.
I acknowledge that I have voluntarily applied to participate in this trip and to stay at the provided accommodations. I have carefully read this Release and fully understand its contents. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.
Express Assumption of Risk Associated with Sport, Venue Use and Related Activities.
By agreeing to these terms and conditions I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Bee The Wellness, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:
- The risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that may result in permanent disability and death.
- Possible equipment failure and/or malfunction or misuse of my own or others’ equipment
- I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, protective gear cannot guarantee the participant’s safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord.
- Variation and/or steepness of terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, trees, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls, half-pipes, jumps, padded and nonpadded barriers, other persons, and other natural and man-made hazards.
- My own negligence and/or the negligence of others including Bee The Wellness, its employees, tour guides, subcontractors, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively BTW)., including but not limited to operator error and guide decision making including misjudging terrain, weather, riding surfaces or other obstacles.
- Exposure to the elements and temperature extremes may result if frostnip, frostbite, heat exhaustion, heatstroke, sunburn, hypothermia, and dehydration.
- Dangers associated with exposure to natural elements include but are not limited to avalanche, rockfall, inclement weather, thunder and lightning, severe and or varied wind, temperature and other weather conditions.
- Accidents or illness occurring in remote places where there are no available medical facilities.
- Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of an accident.
- Impact or collision with other athletes, spectators, facility employees, pedestrians, motor vehicles, and cyclists.
*I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of being permitted to participate in the above-described activity(ies) and related activities, I hereby agree, acknowledge and agree that:
- I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE Bee The Wellness, its employees, tour guides, subcontractors, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively “BTW”), herein referred to as releasees.
- To release the releasees, their officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. I agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
- By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
- This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release BTW from any and all liabilities to the maximum extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY AGREEING TO IT, AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Each participant is expected to act responsibly and adhere to all behavior guidelines established by Bee The Wellness and our local suppliers We and our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. Bee The Wellness is not responsible for any costs incurred concerning a guest removed from a retreat. Guests agree not to hold Bee The Wellness or any of its related entities liable for any actions taken under these terms and conditions.
Baggage and personal effects are at all times the sole responsibility of the participant.
Travel Advisories/Warnings and Your Responsibility
By offering reservations for travel in particular international destinations, Bee The Wellness does not represent or warrant that travel to such areas is advisable or without risk. It is the responsibility of the traveler to become informed about the most current travel information. Participants can view advisories and warnings by referring both to the U. S. State Department's travel website at www.travel.state.gov. and by accessing the Centers for Disease Control (CDC) website at https://wwwnc.cdc.gov/travel/notices. Should you choose to travel to a country that has been issued a travel warning or advisory, the traveler assumes all risk of personal injury, death or property damage that may arise out of or which relates to the type of events warned against.
Passport & Visa Information
Participants (including any minors traveling with you) are solely responsible for ensuring their passports are up to date, do not expire for at least 6 months after the trip return date. Some countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. For information about passport requirements, you can visit the State Department’s website at https://travel.state.gov/content/travel/en/passports.html. We recommend that you keep a copy of your scanned passport (photograph page) on your email while traveling.
It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries, you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. For more information, you can visit the TSA website at https://www.tsa.gov/travel/security-screening/identification.
Obtaining and carrying these documents is your sole responsibility. Bee The Wellness bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Any failure of a participant to have proper visas and/or passport will likely result in the participant not being able to leave the country or enter a destination and no refund will be available in any such case.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
Disinsection of aircraft is permitted under international law in order to protect public health, agriculture and the environment. A number of countries that we organize trips to choose to do this by spraying the aircraft cabin with an aerosolized insecticide while passengers are on board. Our clients have rarely had any issues with this process but we note that while the Report of the Informal Consultation on Aircraft Disinsection sponsored by the World Health Organization (November 6-10, 1995) concluded that aircraft disinsection, if performed appropriately, would not present a risk to human health, the report also noted that some individuals may experience transient discomfort following aircraft disinsection by aerosol application. If you have concerns about this process or wish to know more, you can visit the U.S. Department of Transportation website at: https://www.transportation.gov/airconsumer/spray.
We recommend that you purchase a travel protection plan to help protect you and your travel investment against the unexpected. Travel protection plans can include coverage for Trip Cancellation, Trip Interruption, Emergency Medical and Emergency Evacuation/Repatriation, Trip Delay, Baggage Delay and more. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Bee The Wellness cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. If you choose to travel without adequate insurance coverage, you will be required to provide a waiver declaring that you have waived travel protection, and we will not be liable for any of your losses howsoever arising, for which insurance coverage would otherwise have been available.
Pre-existing medical conditions/persons with disabilities
The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the possibility of making reasonable accommodation requests.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Full details must be confirmed in writing at the time of booking and whenever any change in the condition or disability occurs. Bee The Wellness will make all reasonable efforts to accommodate requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
On our tailor-made tours and escorted group tours the guides and tour leaders are, unfortunately, unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by whoever the passenger is traveling with. Participants with disabilities must notify Bee The Wellness in writing no later than the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
SPECIAL DIETARY REQUIREMENTS
For safety and liability reasons, Bee The Wellness and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. All scenarios and special dietary requests regarding food and drink, including allergies, or dietary requirements and restrictions, are the sole responsibility of the participant. While most meal establishments can offer general options, Bee The Wellness cannot guarantee that options will be available. Just in case, we recommend packing extra food/snacks if accommodations cannot be met. Should a group member have special dietary requirements, that group member shall be solely responsible for any additional expense to their meal plan.
Any photographic, film, video likeness or audio recordings of participants while on tour may be edited and used by Bee The Wellness in future marketing campaigns and on the Bee The Wellness website without any notification or compensation to the participant. The participant hereby agrees that these photos and/or videos become the property of Bee The Wellness and will not be returned. The participant authorizes Bee The Wellness to use, edit, copy, publish or exhibit any photo or video for any lawful purpose. The participant waives the right to review any photo or video or to obtain royalties from the photo or video.
BROCHURE PRINTING DISCLAIMER
Bee The Wellness is not responsible for any typographic or printing error in any brochure, itinerary, confirmation, or related material.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
To provide health coaching information and services.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member 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 Bee The Wellness. At its discretion, Bee The Wellness 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. Bee The Wellness does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end-user and/or member, acknowledge, accept and agree that Bee The Wellness 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 and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Bee The Wellness 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.
To register and become a "member" of the Site, you must be at least 18 years of age and have the capacity to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Bee The Wellness's Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Bee The Wellness may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Bee The Wellness and sign in to our Services, you are no longer anonymous to us
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Bee The Wellness will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Bee The Wellness Services, or any portion thereof.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Bee The Wellness immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Bee The Wellness shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Bee The Wellness's sites.
Bee The Wellness 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.
As a member of https://beethewellness.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected]
As a member, you agree that Bee The Wellness may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your https://beethewellness.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with https://beethewellness.com shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within https://beethewellness.com;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
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 Bee The Wellness 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.
Bee The Wellness may provide links to other websites and/or resources. 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 Bee The Wellness 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.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF BEE THE WELLNESS 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. BEE THE WELLNESS 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.
- BEE THE WELLNESS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BEE THE WELLNESS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) BEE THE WELLNESS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BEE THE WELLNESS 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.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BEE THE WELLNESS 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.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BEE THE WELLNESS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- 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 BEE THE WELLNESS 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:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
You herein acknowledge, understand and agree that all of the Bee The Wellness trademarks, copyright, trade name, service marks, and other Bee The Wellness logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Bee The Wellness. You herein agree not to display and/or use in any manner the Bee The Wellness logo or marks without obtaining Bee The Wellness' prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Bee The Wellness 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, Bee The Wellness 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:
- 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;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- 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;
- 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 Bee The Wellness Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Bee The Wellness
Attn: Copyright Agent
2633 Lincoln Blvd, Suite 708
Santa Monica, California 90405
Email: [email protected]
This TOS constitutes the entire agreement between you and Bee The Wellness and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Bee The Wellness Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Bee The Wellness 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 Bee The Wellness with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California 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 Bee The Wellness, shall be filed within the courts having jurisdiction within the County of Los Angeles, California or the U.S. District Court located in said state. You and Bee The Wellness 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. All guest claims must be submitted in writing and received by Bee The Wellness no later than sixty (60) days after the completion of the Bee The Wellness Retreat. Guest claims not submitted and received within this time shall be deemed waived and barred.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Bee The Wellness 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.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 60 days after said claim or cause of action arose or shall be forever barred.
Bee The Wellness
2633 Lincoln Blvd, Suite 708
Santa Monica, California 90405
Email: [email protected]
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