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TERMS OF SERVICES

Terms & Conditions

Last Updated: December 10, 2019

Welcome to the website for HoneySmith Bees, LLC, www.HoneySmithBees.com (the “Site”). By using the Site, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and HoneySmith Bees LLC, including its subsidiaries, related and affiliated companies (individually or collectively referred to herein as “us” of the Site). You are only authorized to use the Site if you agree to abide by all applicable laws, rules, and regulations and these Terms & Conditions. We may at any time revise these Terms & Conditions. You are bound by such revisions and should therefore periodically review these Terms & Conditions.

The terms “HoneySmith Bees” or “Company” or "us" or "we" refer to the owner of the Site, HoneySmith Bees LLC, a Maryland limited liability company, whose business office is 2733 Middle Neck Road, Odenton, MD 21113. The term "you" or “user” refers to the user or viewer of our Site. Parties. You and HoneySmith Bees are each a “Party” to these Terms & Conditions, and together we are the “Parties”.

HoneySmith Bees.com is an online e-commerce website providing high quality nucs and queens for local beekeepers in the Mid-Atlantic region, raw honey, select beekeeping equipment, and in-person beekeeping classes to the general public. 

By using this Site, you are agreeing to these Terms & Conditions. Future use of the Site will be subject to the Terms & Conditions in effect at that time. Barring some other formally and specifically executed agreement between you and us, these Terms & Conditions govern the entire relationship between us. 

IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, THEN YOU ARE NOT AUTHORIZED TO USE THIS SITE OR PURCHASE PRODUCTS OR SERVICES FROM THIS SITE AND MUST TERMINATE USE IMMEDIATELY.

The use of the Site is subject to the following Terms & Conditions:

  1. By using the Site or purchasing any products or services from the Site, you represent and warrant that: (a) you are 18 years of age or older; (b) you have the authority to enter into these Terms & Conditions on your own account; and (c) your use of the Site or purchase of any products or services does not violate any applicable law, regulation, or agreement. Use of the Site is void where prohibited.

  2. The Site is only for general information and personal use only.

  3. You are required to create a username and password in order to access and purchase products and services of the Site. By registering for the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Site. Your user account may be deleted and/or terminated without warning if we believe that you are under 18 years of age.

  4. Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Site meet your specific requirements.

  5. Additionally, by accessing and using the Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link. Any personal information you supply to us when using the Site will be used by us in accordance with our Privacy Policy. 

  6. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of HoneySmith Bees and other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites on the World Wide Web without the written permission of HoneySmith Bees or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes. Unauthorized use of the Marks or the Site may give rise to a claim for damages and/or be a criminal offense.

  7. We do not offer returns or refunds for any products purchased from the Site. 

  8. HoneySmith Bees assumes no liability for any variances in color or size. We reserve the right to make substitutions for any products offered on the Site. All prices for products listed on the Site are subject to change without notice.

  9. You are responsible for the accuracy of the shipping information provided at checkout. Any costs incurred due to inaccurate shipping information shall be your responsibility and HoneySmith Bees shall not be liable for any charges or damages incurred as a result. Shipping and delivery times listed on the Site and during the checkout process are estimations only and are out of our control. Actual shipping charges may vary. By submitting your order, you acknowledge and agree that HoneySmith Bees is not responsible for any delays or delivery issues.

  10. HoneySmith Bees only collects sales taxes on orders shipped to Maryland and South Carolina based on the current taxable rate. You will be responsible for determining and remitting the sales tax on orders shipped to other states.

  11. HoneySmith Bees makes arrangements with retailers, providers, manufacturers, shipping companies, and other independent parties (“Third Party Suppliers”) to provide you with the products. Third Party Suppliers may engage the services of local operators and/or subcontractors at their discretion. HoneySmith Bees does take reasonable care in selecting Third Party Suppliers; however, HoneySmith Bees is unable to control Third Party Suppliers and is not responsible for any acts or omissions committed by Third Party suppliers and/or their subcontractors. All products and services are subject to the laws of the jurisdiction in which they are provided. PROVIDER IS NOT LIABLE FOR THE ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, OF THIRD PARTY SUPPLIERS OR ANY INDEPENDENT CONTRACTORS.

  12. Neither HoneySmith Bees LLC, its affiliates and any of their respective owners, members, shareholders, officers, directors, employees, or agents, own or operate any Third Party Suppliers which provide products or services. HoneySmith Bees does not maintain control or operate the personnel, equipment, or operations of these Third Party Suppliers and as such HoneySmith Bees assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of: (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the Third Party Suppliers or their employees or agents; (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these Third Party Suppliers; or (3) any wrongful, willful or negligent act or omission on the part of any other party not under the supervision and control of HoneySmith Bees.

  13. By purchasing a product from the Site, you are solely responsible for complying with any local, state or federal law. HoneySmith Bees is not responsible for ensuring correct use or safety of the products. You are responsible for obtaining any required licenses and/or permits as required by law for your use of the products. You agree to indemnify and hold HoneySmith Bees LLC harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your use or safety of the products.

  14. You acknowledge, understand and agree that inherent hazards and risks may be associated with beekeeping, bees, and hives. Your purchase of any products or services on the Site or use of the Site indicates acceptance of the hazards and risks associated with beekeeping, bees, and hives. Some of those risks and dangers, include but are not limited: bodily injury, partial and/or total disability, paralysis, death, or social and economic losses and/or damages. You have sole responsibility for your safety and agree to follow instructions, make reasonable decisions, and act responsibly when participating in any services provided on the Site or using any products purchased on the Site. You knowingly and voluntarily assume any and all inherent and other risks and dangers. 

  15. YOU HEREBY WAIVE, RELINQUISH, DISCHARGE, RELEASE, AND HOLD HARMLESS HONEYSMITH BEES LLC AND ITS MEMBERS, OWNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES, INSURERS, ATTORNEYS, SUCCESSORS, AND ASSIGNS (“RELEASEES”), FROM ANY AND ALL RIGHTS, CLAIMS OF INJURY (INCLUDING ALL BODILY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY), DEMANDS, CAUSES OF ACTION, DAMAGES, MEDICAL EXPENSES AND COSTS, LIABILITIES OR LOSS THAT YOU OR MY FAMILY MAY HAVE OR THAT MAY ACCRUE TO YOURSELF OR YOUR FAMILY MEMBERS ARISING OUT OF, CONNECTED WITH, OR IN ANY WAY ASSOCIATED WITH YOUR PURCHASE OF ANY PRODUCTS OR SERVICES PROVIDED ON THE SITE. 

  16. By using the Site, you expressly consent to HoneySmith Bees’s use of any images, photos, graphics, videos, reviews, or other materials uploaded by you to the Site. You hereby grant us a perpetual, royalty-free, worldwide, irrevocable license to reproduce any images, photos, graphics, videos, blogs, or other materials uploaded by you to the Site for any purpose whatsoever including, but not limited to, marketing, promotions and promotional material.

  17. You will not act in a vulgar, disrespectful, or illegal way while using the Site or interacting with any users or third parties known to you as a result of using the Site. HoneySmith Bees reserves the right to refuse service, terminate your account, cancel any pending orders, and report your actions to the appropriate authority.

  18. You agree that the use of the Site is entirely at your own risk, and you waive any claims and actions against us and any and all persons and entities responsible for the existence and provision of this Site. This includes, but is not limited to, any and all equitable claims and any and all claims for: actual damages; statutory damages; punitive damages; liquidated damages; special damages; nominal damages; costs; fees; attorneys’ fees; and reimbursements. ALL STATEMENTS CONCERNING BEES, HIVES, HONEY, AND BEEKEEPING ARE INFORMATIONAL ONLY. IT IS YOUR RESPONSIBILITY TO EVALUATE AND VERIFY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT, SERVICE, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE. 

  19. The Site provides links to other websites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). HoneySmith Bees has no discretion to alter, update, or control the content on a Linked Site. The fact that HoneySmith Bees has provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and HoneySmith Bees urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.

  20. HoneySmith Bees does not endorse and is not responsible for: (a) the accuracy or reliability of an opinion, advice, or statement made through the Site by any party other than us; (b) any content provided on Linked Sites; or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will HoneySmith Bees be liable for any loss or damage caused by your reliance on information obtained through a Linked Site, or your reliance on any product or service obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

  21. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. HONEYSMITH BEES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HONEYSMITH BEES IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, IN NO EVENT SHALL PROVIDER BE LIABLE FOR DAMAGES OR LOSSES EXCEEDING THE AMOUNT, IF ANY, PAID BY THE USER FOR PRODUCTS OR SERVICES OR $100.00, WHICHEVER IS LESS.

  22. The information, software, products, and descriptions of services published on the Site may include inaccuracies or typographical errors, and HoneySmith Bees specifically disclaims any liability for such inaccuracies or errors. HoneySmith Bees does not warrant or represent that the content on the Site is complete or up-to-date. HoneySmith Bees is under no obligation to update the content on the Site. HoneySmith Bees may make improvements or change the content of the Site at any time without notice. 

  23. You agree that HoneySmith Bees LLC and any of its respective owners, members, officers, directors, managers, employees, contractors, agents, affiliates, subsidiaries, successors, and assigns will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a Linked Site, or for the use of any images, photos, graphics, videos, blogs, information, or other materials provided by you, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, any force majeure, or any intellectual property infringement or similar claims. HoneySmith Bees cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

  24. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify us of any unauthorized uses of your username and password or any other breaches of security. HoneySmith Bees will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

  25. You agree to indemnify, defend, and hold harmless HoneySmith Bees LLC and any of its respective owners, members, officers, directors, managers, employees, contractors, agents, affiliates, subsidiaries, successors, and assigns and anyone involved in creating or providing the Site, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms & Conditions or any activity related to your use of the Site or by any other person accessing the Site using your account. 

  26. Should you take any actions which damage the Site or endanger the safe, efficient, and fair use of the Site by others, you will be liable for damages to us and agree to indemnify us and hold us harmless for any claims, damages, or other liabilities incurred by us due to your actions or inactions.

  27. The laws of the State of South Carolina apply to these Terms & Conditions and to any dispute arising from or related to these Terms & Conditions, Privacy Policy, or use of the Site. 

  28. If a dispute between the Parties exists which arises from or is related to these Terms & Conditions, Privacy Policy, the products, the services, or the Site, the Parties irrevocably agree the mandatory provisions below in this section apply. 

    1. The Parties first must and shall engage in informal good faith resolution efforts. Only after such good faith efforts are made, but fail, can any formal dispute resolution process can be initiated. 

    2. The formal dispute resolution process shall and must be binding arbitration to take place in Greenville County, South Carolina. Should a lawsuit be filed instead of arbitration initiated, the Parties agree that the applicable court should either dismiss said suit or stay it so that this mandatory arbitration process can take place and be completed. 

    3. Unless the Parties agree otherwise in writing, including anything in these Terms & Conditions, the arbitration shall be through the American Arbitration Association and shall be subject to that body’s Consumer Arbitration Rules in effect at the time of the arbitration’s initiation, as those Rules are published on the American Arbitration Association’s website (currently www.adr.org). 

    4. Each Party shall be responsible for its own costs and legal fees, including attorneys’ fees, except that a Party which wrongfully disregards the mandatory arbitration process described herein and instead initiates formal litigation may be required to pay the other Party’s costs and legal fees, including attorneys’ fees.  

    5. Regardless of any other language in this Agreement, unless equivalent relief can be obtained from an arbitrator in a timely fashion, the Company may seek an equitable remedy such as, but not limited to, a restraining order from a court if reasonably necessary to do so on an urgent basis to prevent immediate and serious harm to the Company.

  29. If any of the provisions of these Terms & Conditions shall be unenforceable, the applicable legal authority (such as an arbitrator or judge) shall have the right to amend said provision and the Terms & Conditions overall to allow the spirit of it to be enforced. Even if there are provisions which remain unenforceable, these Terms & Conditions shall be otherwise enforced in full. 

  30. To the extent allowable by law, you waive your right to participate in a class action lawsuit as a class member, plaintiff, or other type of claimant. Any claim or legal action must be brought by you in your capacity as an individual party. 

  31. The products and/or services are subject to change, update, or even discontinuation without notice. You consent to the same and understand and agree that the same may impact your use of the products and/or services. 

  32. These Terms & Conditions are subject to change or even termination without notice.

  33. If you have any questions about these Terms & Conditions, please contact us at info@honeysmithbees.com.