BEESPA’s Terms of Use

 

Last Updated: 7/8/2015

Acceptance of Terms of Service and Privacy Policy

In consideration for accessing and using www.BeeSpa.com (the “Site”) and the Site’s services, you accept and agree to be bound by the terms and provisions of these Terms of Use (“TOU”) and the Privacy Policy. These terms apply to and govern your use of all webpages and content contained within the Site.

Modifications to Terms of Service and Privacy Policy

You understand that the terms of the TOU and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the TOU or Privacy Policy, you must notify Bee Spa Corp. (“BeeSpa”) in writing within the ten day (10) time period described above and immediately discontinue any Site services.

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.

Refund Policy

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
Suite 213
Minneapolis, MN 55425

You warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply to BeeSpa. You further warrant that to the extent you provided personal data about a third-party to BeeSpa, you provided that third-party with notice about this Site’s TOU and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

Knowledge of TOU and Privacy Policy

If you are using Site services in conjunction with any third-parties, including but not limited to prospective employees or job applicants, you agree to ensure such third-parties are aware of, and agree to, this TOU and Privacy Policy.

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.

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of the TOU and Privacy Policy. Similarly, to the extent you are providing any information regarding a third-party, you represent and warrant that you have the authority to provide such information from the third-party to BeeSpa.

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.

Customer Support

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: info@beespa.com. BeeSpa attempts to respond to customer inquiries within three (3) business days.

Indemnification

As a user of this Site, you agree to release, indemnify, defend and hold harmless BeeSpa and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third-party or relating to or arising under violations of your TOU or the Privacy Policy, your submissions to the Site, the services provided by BeeSpa to you, your use of any services or goods of the Site or provided by BeeSpa, or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. This indemnification obligation is in addition to any other rights or remedies BeeSpa may have in law or equity.

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

By using the services provided by BeeSpa under this TOU and Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOU and the Privacy Policy. You also agree to be bound by all amended terms and conditions of this TOU and the Privacy Policy. These terms of this TOU and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the services.

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

You authorize BeeSpa and its sponsors and affiliates to communicate with you to the full extent allowed by BeeSpa’s Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to construction and remodeling. If you do not wish to receive bulk email solicitation notices or announcements from BeeSpa, please send us an email at info@beespa.com. To the extent you do not wish to receive communication from sponsors and affiliates, you should contact them directly.

Notices that you send to us must be delivered via first class mail to the following address:

7850 Metro Parkway
Suite 213
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.

The terms and conditions of this TOU and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Minnesota.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOU, the Privacy Policy, or related to Site services provided by BeeSpa to you shall be brought and maintained exclusively in the state or Federal courts located in Hennepin County, Minnesota. Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Hennepin County, Minnesota for the purpose of any such litigation as set forth above. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

Exclusive Remedy and Damages Cap

You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against BeeSpa related to the Site, BeeSpa’s products, this TOU, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such good or $500, whichever is less. IN NO EVENT SHALL ANY BEESPA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND ANY PECUNIARY LOSS RELATED TO THE COST OF PROCURMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH BEESPA MAY BE RESPONSIBLE.

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

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOU, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES. SUCH WAIVER ALSO APPLIES TO THE DETERMINATION OF ANY AWARD OF ATTORNEYS’ FEES.

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.

Non-Waiver

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 any provision of this TOU or Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in this TOU, which is held illegal, unenforceable, or invalid would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

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.

Headings

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.

Legal Advice

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.

General Contact:
BeeSpa, Inc.
7850 Metro Parkway
Suite 213
Minneapolis, MN 55425
(800) 518-1929
info@beespa.com