Last Updated: 7/8/2015
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Payment of Fees
BeeSpa charges for the purchases of BeeSpa’s products of BeeSpa’s website. We may assess and collect from applicable sales tax as required by any governmental as well as applicable shipping costs. You may make payments to BeeSpa by using a valid credit card. BeeSpa may expand its payment options in the future.
In conjunction with each payment you make to BeeSpa, or in which a third-party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid Paypal account and credit card information). Further, you understand and agree that any declined payment or charge backs may lead to additional fees and to the suspension or termination of your BeeSpa products/services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees to BeeSpa and that BeeSpa is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
All fees paid to BeeSpa for BeeSpa goods are non-refundable.
Accuracy of Information Provided by You
You agree that all information you provide BeeSpa is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices may be sent to:
Attn: Update Customer Contact Information
Bee Spa Corp.
7850 Metro Parkway
Minneapolis, MN 55425
Use of Name
You consent to BeeSpa using your company’s name and/or your first name and last initial in advertising and promotional materials related to Site services, with no compensation to you.
Maintenance/Site Down Time/Service Down Time
BeeSpa reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. BeeSpa will attempt to communicate any expected prolonged system outage to Site users in advance of outage.
BeeSpa is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of BeeSpa’s control.
In the event that unforeseen circumstances arise, the services or goods that are advertised on the Site may be unavailable. If this occurs, BeeSpa will use commercially reasonable efforts to promptly provide you with such services, goods, and/or substitute services/good, in BeeSpa’s sole discretion. If BeeSpa determines, in its sole discretion, that no substitute services/goods are reasonably available, BeeSpa will provide you with a prorata refund for the services/goods that are not provided.
Intellectual Property Rights
You agree that BeeSpa holds all right, title and interest to all services, its websites any information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads and software included on this site is the property of BeeSpa or its licensors and protected by United States and international copyright laws. You agree that you shall not copy, record, duplicate, or otherwise attempt to reproduce any of the services or information provided to you from BeeSpa, including but not limited through tape or video recording.
Disclaimer of Warranties
BEESPA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF BEESPA, BEESPA DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. BEESPA DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETNESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF BEESPA, BEESPA PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, BEESPA, OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH BEESPA.
BEESPA DOES NOT WARRANTY OR GUARENTEE ANY OF ITS USERS COMPLIANCE WITH LAW, INCLUDING BUT NOT LIMITED TO EMPLOYMENT LAWS. USERS WHO USE THIS SITE IN CONJUNCTION WITH AN EMPLOYMENT APPLICATION DO SO AT THEIR OWN RISK. BEESPA IS NOT RESPONSIBLE FOR THIRD-PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
THERE ARE NO GUARANTEES ABOUT THE RESULTS OF PRODUCT OFFERED BY BEESPA. YOU MAY NOT OBTAIN THE SAME OR SIMILAR RESULTS AS OTHER CUSTOMERS OR ANECDOTES/TESTIMONIALS SHARED BY BEESPA OR ITS CUSTOMERS. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER HAS NOT RECEIVED NOR RELIED ON ANY REPRESENTATIONS ABOUT ANY MEDICAL BENEFITS ASSOCIATED WITH USING BEESPA PRODUCTS. CUSTOMER FURTHERAGREES THAT BEESPA IS NOT RESPONSIBLE FOR ANY INJURY, HARM, OR NEGATIVE OUTCOME THAT MAY RESULT FROM ITS PRODUCTS TO THE FULL EXTENT ALLOWED BY LAW INCLUDING BUT NOT LIMITED TO SERVICES PROVIDED BY THIS SITE, GOODS SOLD FROM THE SITE, OR ANY OTHER GOOD, SERVICE OR THINGS RELATED TO THE SITE. CUSTOMER ASSUMES FULL RESPONSIBILITIES FOR CONSULTING WITH HIS/HER MEDICAL PHYSICIAN ABOUT WHETHER IT IS PRUDENT TO USE BEESPA PRODUCTS. CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS OBTAINED SUCH A CONSULTATION PRIOR TO THE USE OF ANY BEESPA PRODUCT, OR THAT CUSTOMER HAS VOLUNTARILY WAVIED HIS/HER RIGHT TO DO SO AND ASSUMES ALL RISK OF USE, ADVERSE REACTION, INJURY, AND ANY OTHER HARM ASSOCIATED WITH THE USE OF BEESPA PRODUCTS.
Assumption of Risk
When you access the Site, you do so at your own discretion and risk. You are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, BeeSpa provides email support for Site customers. Support can be reached by sending an email to: firstname.lastname@example.org. BeeSpa attempts to respond to customer inquiries within three (3) business days.
You agree that BeeSpa shall have the right to participate in the defense of any claim asserted against BeeSpa. You also agree that BeeSpa shall be entitled to retain a counsel of BeeSpa’s own choosing at your cost. You further agree to notify BeeSpa of your knowledge of any claim against BeeSpa. You agree to cooperate fully with BeeSpa during such proceedings.
Notification of Defect
You agree that you shall not initial any proceeding, claim, or demand from any financial institution or credit card provided related to our service without first giving BeeSpa at least 30 days’ advanced written notice and an opportunity to cure any alleged defect in the service or product.
Consent and Survival of Agreement
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will BeeSpa be liable to you for your failure to retain necessary records, nor will BeeSpa’s (non-)retention of records act to alleviate your duty under the law.
Notices and Communication
Notices that you send to us must be delivered via first class mail to the following address:
7850 Metro Parkway
Minneapolis, MN 55425
You may also send us notices to BeeSpa so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases from BeeSpa are deemed made within the State of Minnesota.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by BeeSpa must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Waiver of Jury Trial
No Third Party Beneficiaries
Except as expressly provided herein, nothing in this TOU is intended to confer upon any third- party any rights, remedies, obligations, or liabilities.
Successors and Assigns
Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by BeeSpa in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, BeeSpa’s election to not assert its rights under this TOU shall not preclude BeeSpa from asserting its rights in the future.
Severability of Terms
If BeeSpa prevails in any action, suit, or proceeding arising from or based upon this TOU, BeeSpa shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in this TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION THAT AFFECTS YOUR LEGAL RIGHTS. YOU ARE ENCOURAGED TO SEEK LEGAL COUNSEL TO REVIEW THESE TERMS IN ADVANCE OF YOUR USE OR PURCHASE OF THIS SITE. TO THE EXTENT YOU USE THE SITE (EXCEPT TO READ AND REVIEW THIS TOU) OR PURCHASE PRODUCTS FROM BEESPA, YOU REPRESENT AND WARRANT YOU HAVE HAD A SUFFICIENT OPPORTUNITY TO CONSULT LEGAL COUNSEL ABOUT THE CONSEQUENCES OF THIS TOU AND HOW IT AFFECTS YOUR RIGHTS, OR YOU HAVE VOLUNTARILY WAIVED YOUR RIGHT TO DO SO.
BEESPA DOES NOT OFFER LEGAL ADVICE OR SERVICES TO USERS. USERS OF THE SITE SERVICES ARE ENCOURAGED TO OBTAIN THEIR OWN COUNSEL REGARDING THEIR RIGHTS AND RESPONSIBILITIES UNDER THIS TOU AND ANY AGREEMENT ENTERED INTO WITH ANY THIRD-PARTY. FURTHER, BEESPA DOES NOT PROVIDE ANY LEGAL ADVICE OR WARRANTIES REGARDING THE LEGALITY OF THE TERMS AND CONDITIONS CONTAINED WITHIN AGREMENTS BETWEEN USERS OF THIS SITE.
7850 Metro Parkway
Minneapolis, MN 55425