Terms of service
Last updated December 30, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Hive Fit LLC, doing business as Hive Fit Club ("Company," "we,"
"us," "our").
We operate the website https://www.hivefitclub.com/ (the "Site"), the
mobile application Hive Fit Club (the "App"), as well as any other related
products and services that refer or link to these legal terms (the "Legal
Terms") (collectively, the "Services").
You can contact us by phone at +1 480-476-7400, email at
info@hivefitclub.com, or by mail to 8275 N Pima Rd, Scottsdale, AZ
85258, United States.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and Hive Fit LLC,
concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become effective
upon posting or notifying you by info@hivefitclub.com, as stated in the
email message. By continuing to use the Services after the effective date of
any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All
users who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Services. If you are a
minor, you must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. SUBSCRIPTIONS
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. MOBILE APPLICATION LICENSE
10. SERVICES MANAGEMENT
11. PRIVACY POLICY
12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
22. SMS TEXT MESSAGING
23. CALIFORNIA USERS AND RESIDENTS
24. MISCELLANEOUS
25. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may
not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you
have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than
as set out in this section or elsewhere in our Legal Terms, please address
your request to: info@hivefitclub.com. If we ever grant you the permission
to post, reproduce, or publicly display any part of our Services or Content,
you must identify us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through
the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
confirm that you have read and agree with our "PROHIBITED
ACTIVITIES" and will not post, send, publish, upload, or transmit
through the Services any Submission that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission;
warrant that any such Submission are original to you or that you
have the necessary rights and licenses to submit such Submissions
and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute
confidential information.
You are solely responsible for your Submissions and you expressly agree
to reimburse us for any and all losses that we may suffer because of your
breach of (a) this section, (b) any third party’s intellectual property rights, or
(c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2)
you will maintain the accuracy of such information and promptly update
such registration information as necessary; (3) you have the legal capacity
and you agree to comply with these Legal Terms; (4) you are not under the
age of 13; (5) you are not a minor in the jurisdiction in which you reside, or
if a minor, you have received parental permission to use the Services; (6)
you will not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (7) you will not use the Services
for any illegal or unauthorized purpose; and (8) your use of the Services
will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled.
You consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until such
time as you cancel the applicable order. The length of your billing cycle will
depend on the type of subscription plan you choose when you subscribed
to the Services.
Cancellation
You may cancel your subscription at any time in accordance with the Membership Terms of Service you agreed to upon becoming a member. To request cancellation, please contact us using the information provided below. Your cancellation will take effect at the end of your current paid term, unless otherwise specified in the Membership Terms of Service. If you have any questions or are unsatisfied with our Services, please email us at: info@hivefitclub.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
Make improper use of our support services or submit false reports of
abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws
or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any
Content.
Attempt to impersonate another user or person or use the username
of another user.
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the
Services.
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
Services.
Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenuegenerating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
7. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on
the Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions may be viewable
by other users of the Services and through third-party websites. When you
create or make available any Contributions, you thereby represent and
warrant that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and
these Legal Terms.
You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use
the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or
rule.
Your Contributions do not violate the privacy or publicity rights of any
third party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or wellbeing of minors.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
8. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide and your choices (including
settings).
By submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, nonexclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and
use the App on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any
applicable laws, rules, or regulations in connection with your access or use
of the App; (4) remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the licensors of the
App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6)
make the App available over a network or other environment permitting
access or use by multiple devices or users at the same time; (7) use the
App for creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an "App Distributor") to access the
Services: (1) the license granted to you for our App is limited to a nontransferable license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any maintenance and support
services with respect to the App as specified in the terms and conditions of
this mobile application license contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance
and support services with respect to the App; (3) in the event of any failure
of the App to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the App,
and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country that
is subject to a US government embargo, or that has been designated by
the US government as a "terrorist supporting" country and (ii) you are not
listed on any US government list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of agreement when using the
App, e.g., if you have a VoIP application, then you must not be in violation
of their wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms
and conditions in this mobile application license contained in these Legal
Terms against you as a third-party beneficiary thereof.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree
to be bound by our Privacy Policy posted on the Services, which is
incorporated into these Legal Terms. Please be advised the Services are
hosted in the United States. If you access the Services from any other
region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Services, you are
transferring your data to the United States, and you expressly consent to
have your data transferred to and processed in the United States. Further,
we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us
without the requisite and verifiable parental consent, we will delete that
information from the Services as quickly as is reasonably practical.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN
THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or
use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain
and support the Services or to supply any corrections, updates, or releases
in connection therewith.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of Arizona applicable to
agreements made and to be entirely performed within the State of
Arizona, without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be
finally and exclusively resolved by binding arbitration. YOU UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA
Consumer Rules"), both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. If such costs
are determined by the arbitrator to be excessive, we will pay all arbitration
fees and expenses. The arbitration may be conducted in person, through
the submission of documents, by phone, or online. The arbitrator will make
a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and
any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Maricopa, Arizona. Except as otherwise
provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal
courts located in Maricopa, Arizona, and the Parties hereby consent to, and
waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to
the Services be commenced more than two (2) years after the cause of
action arose. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within
the courts listed for jurisdiction above, and the Parties agree to submit to
the personal jurisdiction of that court.
16. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) use of the Services; (2) breach of
these Legal Terms; (3) any breach of your representations and warranties
set forth in these Legal Terms; (4) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (5) any overt
harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
22. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply
reply to the text with "STOP.” You may receive an SMS message
confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or received. The rates are determined by your carrier and
the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications, please email us at info@hivefitclub.com or call at +1 480-
476-7400.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Hive Fit LLC
8275 N Pima Rd
Scottsdale, AZ 85258
United States
Phone: +1 480-476-7400
