Effective Date March 27, 2020

Last Modified: May 1, 2024

Welcome to the website of Not the Bee, LLC (“Not the Bee,” “Company,” “us,” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy, Privacy Notice for California Residents, and Terms of Online Sales (collectively, these “Terms of Use” or “Terms”), govern your access to and use of https://notthebee.com (the “Company Site”) and as otherwise provided for herein with respect to the Company’s social media pages on various third party social media platforms (each a “Social Media Page,” together with the Company Site, collectively, the “Site”).

Please read the Terms of Use carefully before you start to use the Site. These Terms contain a binding arbitration clause and a waiver of class action rights. If you do not want to agree to these Terms of Use, you must not access or use the Site.

BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY AND THE PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (WHICH ARE INCORPORATED HEREIN FOR ALL PURPOSES), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS.

You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you will not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

Eligibility

This Site is offered and available to users (including those individuals who are eligible to register for guest accounts) who are 18 years of age or older. By using this Site, you represent and warrant that you are at least 18 years of age. If you do not meet this requirement, you must not access or use the Site except as provided herein.

In order to become a subscriber (by registering for a free or premium account , or by being granted access through an eligible guest account ) or to purchase any product or service offered by Not the Bee we require an individual to be at least 18 years of age. NOTWITHSTANDING, IF YOU ARE UNDER THE AGE OF 18 YEARS OLD OR THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OR STATE OF RESIDENCE (EACH, A “MINOR”), YOU MAY USE THE SERVICES OR PURCHASE PRODUCTS ON A LIMITED BASIS WITH YOUR PARENT’S OR LEGAL GUARDIAN’S CONSENT; PROVIDED THAT YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THESE TERMS OF USE. BY PERMITTING A MINOR TO USE THE SERVICES OR PURCHASE PRODUCTS, A MINOR’S PARENT OR LEGAL GUARDIAN (1) BECOMES SUBJECT TO THESE TERMS OF USE, (2) AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES AND INTERACTIONS WITH THE SERVICES OR THE PURCHASE OF THE PRODUCTS, AND (3) ACKNOWLEDGES AND AGREES THAT A MINOR WILL HAVE ACCESS TO LIMITED FEATURES OF THE SITE AND THE SERVICES. It is a violation of these Terms of Use to provide false or misleading information to Not the Bee in connection with the creation of an account or to make any such purchase or use any of our services. In the event that we discover that a Minor created an account without the proper authorization from the Minor’s parent and/or legal guardian (as described herein) on our Site then we will immediately terminate that Minor’s account. If you would like to report an unauthorized account registered for a Minor, please contact us at https://notthebee.com/contact.

Contact Information

Should you have any questions about these Terms of Use, please contact us at:

• Not the Bee
• Attn: Customer Service - Privacy
• 110 Front Street, Suite 300
• Jupiter, FL 33458

or

https://notthebee.com/contact

All notices of copyright infringement claims should be sent to the designated agent set forth below in the section titled, , in the manner and means set forth therein.

Community Score Points Terms and Conditions

If you are a current premium subscriber to the Site and are a subscriber in good standing, you may elect to participate in Not the Bee community score features that allow premium subscribers to earn community score points (“Points”) that can be redeemed to allow premium subscribers to add guests with account access to the Site . Points are granted at the sole discretion of Not the Bee and are earned by premium subscribers through site engagement, including, but not limited to, when you write a post; when you write a comment on an article or a user’s post; replying to a user’s comment; when a user reposts your post; when you react (like) a user’s post or comment; when a user reacts (likes) one of your posts or comments; when a user comments on your post; when a user replies to one of your comments; or when a user follows you.

Upon signing up for a premium subscription (either through Single Site or Premium Bundle subscription), a premium subscriber will automatically be able to grant account access to two (2) guests (each, a “Guest Account”). A premium subscriber will be able to grant additional Guest Accounts upon accruing and meeting certain aggregate Point thresholds as determined in Not the Bee’s sole and absolute discretion.

Other than the cost of a premium subscription, there is no cost or minimum participation threshold to participate in earning Points. Points have no monetary or redeemable cash value, do not constitute property of the premium subscriber, and are not transferable.

Participation in community score activities and benefits is at Not the Bee’s sole discretion, and Not the Bee may, in its sole discretion, terminate any premium subscriber’s access to community score features or suspend premium subscriber’s eligibility to participate in community score activities or benefits, without notice, for any conduct that Not the Bee, in its sole discretion, believes is in violation of any applicable law, our Terms of Use , is inconsistent with these terms or their purpose, or is otherwise harmful to the interests of Not the Bee or its community. Upon termination of a premium subscriber’s account for whatever reason, Not the Bee, in its sole discretion, may (i) allow the premium subscriber to retain its Points in the event the premium subscriber is allowed to subscribe or otherwise participate in the Site upon such premium subscriber’s account reactivation, or (ii) void or cause all or a portion of the premium subscriber’s accumulated and remaining Points to become forever void and irredeemable. Not the Bee may change these Community Score Points Terms and Conditions, at any time with or without notice, and may change or remove community score features at any time without prior notice. Participating premium subscribers or other participants expressly waive any rights or claims of liability against Not the Bee and/or any of its employees, agents, or representatives for any awards or other benefits provided under the Community Score Points Terms and Conditions.

Guests who receive and register for guest accounts under these Community Score Points Terms and Conditions acknowledge and agree that such guest accounts are subject to these Community Score Points Terms and Conditions, Not the Bee’s Terms of Use and Not the Bee’s Privacy Policy, including the Privacy Notice for California Residents or any other policies posted on our Site, to the extent applicable.

Online Purchases and Other Terms and Conditions

All monthly and annual paid subscriptions, one-time contributions, purchases through the Site’s online store, and any other transactions for the sale of products or services through the Site are governed by our Terms and Conditions For Online Sales, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Site Usage

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may download or print a single copy of any portion of the Contents provided on the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such material. No other use is permitted unless otherwise expressly permitted in writing by Not the Bee. You may not, for example, use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards in the section set out in these Terms of Use;
• To impersonate or attempt to impersonate Not the Bee, a Not the Bee employee or other staff member, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Not the Bee or users of the Site, or expose them to liability.

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

1. Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
2. Using any robot, spider, or other automatic device process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
4. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
5. Attempting to interfere with service to any user, host or network, whether through any device, software, or other actions;
6. Sending unsolicited e-mail, including promotions and/or advertising of products or services, including any “junk mail”, “chain letter”, “spam” or similar solicitation;
7. Hijacking all or any part of the Site Contents, deleting or changing any Site Contents, deploying pop-up messages or advertising, running or displaying the Site or any Site Contents in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission;
8. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
9. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
10. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
11. Attacking the Site via a denial-of-service-attack or a distributed denial-of-service attack; or
12. Otherwise attempting to interfere with the proper working of the Site.

We have absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may include our having to cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Site Contents and Intellectual Property Rights

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works, features, and functionality are property owned, controlled, licensed or used with permission by Not the Bee.

The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by Not the Bee or used with permission. https://notthebee.com, Not the Bee, Not the Bee logo, and all other trademarks and service marks appearing on the Site are property of Not the Bee or are used with permission of the owner. You agree not to display or use such marks without Not the Bee's prior written permission. Not the Bee disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. Except as expressly permitted herein, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site without the prior written consent of Not the Bee or the owner of such material, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use or for your own legitimate business purposes as a current or potential supplier, vendor, investor, or customer of the Company, and not for further reproduction, publication, or distribution.
4. If we provide links to Social Media Pages including any social media features with certain content, you may take such actions as are enabled by such features subject to such third party social media and other third party links and each of their respective terms and conditions.

You must not:

• Modify copies of any materials from the Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
• You must not access or use for any unauthorized purposes any part of the Site or any services or materials available through the Site, except for legitimate business purposes relating to your role as a potential or current supplier, vendor, investor, visitor, or other user of the Site.

Nothing contained on the Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on the Site without the prior written consent of Not the Bee or the owner of such material. All rights not expressly granted herein by Not the Bee to you are reserved by Not the Bee and/or its licensors. Third-party trade names, product names and logos, contained on the Site may be the trademarks or registered trademarks of their respective owners.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The information presented on or through the Site is made available solely for general informational and entertainment purposes. We may update the Contents on this Site from time to time, but its Contents is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Therefore, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. To the fullest extent provided by applicable law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the Site, or by anyone who may be informed of any of its Contents.

This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Contents provided by Not the Bee, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Not the Bee. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Requests to use the Contents for any purpose other than as permitted in these Terms should be directed to Not the Bee at the contact information provided above.

Links to Third-Party Sites

If the Site contains links to other sites, social media, and resources provided by third parties (“Linked Sites”), these Linked Sites are provided for your convenience only, and the inclusion of any link does not imply endorsement by the Company of the Linked Sites or any association with its operators. These links may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.

The Site may provide Social Media Pages including certain social media features. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any Social Media Pages including any social media features and any links at any time without notice in our discretion.

User Content

From time to time, Not the Bee may offer the ability for users of the Site including each Social Media Page users to publish or upload information or comments to the Site and each Social Media Page. This functionality may be reserved for registered users or premium subscribers. Not the Bee reserves the right, but has no obligation, to monitor the information or material you submit to the Site and each Social Media Page. Therefore, we assume no liability for any action or inaction regarding any transmissions, communications, or content provided by any user or third party.

All content or materials posted, submitted, published, displayed, or transmitted to the Site including each Social Media Page by users (collectively, “User Content”) must comply with the content standards set out in this section. Not the Bee will have the right to: remove or refuse to post any such User Content for any or no reason in our sole discretion, terminate or suspend your access to all or part of the Site including each Social Media Page, or take appropriate legal or other action that we deem necessary or appropriate in our sole discretion, including if we believe such User Content violates or may violate these Terms of Use, infringes the intellectual property rights or other rights of a third party, threatens the personal safety of users of the Site including each Social Media Page or the public, or could create liability for Not the Bee.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site and each Social Media Page. YOU WAIVE AND HOLD HARMLESS Not the Bee AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You will not post, download, or copy on the Site including each Social Media Page, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site that:

1. Violates any applicable law or regulation;
2. Promotes or enables illegal or unlawful activities;
3. Will or does infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others;
4. Violates the privacy or publicity or other legal rights of others, or contains any material that could give rise to any civil or criminal liability under applicable laws;
5. Misrepresents affiliation, connection or association with, any person or entity;
6. Is intended to or likely to deceive or defraud other users of the Site;
7. Is libelous, obscene, profane, inaccurate, sexually suggestive, offensive, threatening, defamatory, abusive, hateful or otherwise objectionable;
8. Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9. Is intended to or tends to annoy, threaten, harass, or intimidate any other users of the Site;
10. Contains video or images of another person without his or her permission;
11. Contains, collects or solicits personal information about a minor;
12. Distributes another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
13. Violates our Community Guidelines ; or
14. Otherwise may be in conflict with these Terms of Use and our Privacy Policy, including our Privacy Notice for California Residents or any other policies posted on our Site, to the extent applicable.

Other Site users may post information that is protected under copyright laws (whether or not identified as such). You agree that you will not copy, download, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Not the Bee or third-party proprietary information available on or through the Site.

Any User Content you post to the Site will be considered non-confidential and non-proprietary. By posting information or content to any public or member's area of the Site, you grant, and you represent and warrant that you have the right to grant, to Not the Bee and its affiliates, licensees, successors and assigns an irrevocable, perpetual, non-exclusive, fully-paid up, royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute and otherwise disclose such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. By posting to our Site, you further represent and warrant that all User Content does and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Not the Bee, have full responsibility for such content and information, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.

No compensation will be paid with respect to the use of your User Content, as provided herein. The Company is under no obligation to review or use any User Content you may provide.

Use of Communication Services

The Site may contain message or communication facilities designed to enable you to communicate with us (collectively, “Communication Services”) and enable you to submit, or transmit to us User Content on or through the Site. You agree to use the Communication Services only to send and receive messages and material that are proper and related to the particular Communication Service, and that in their entirety comply with all applicable federal, state, local, and international laws and regulations.

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for both making all arrangements necessary for you to have access to the Site, and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy , including our Privacy Notice for California Residents as applicable, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity (except for parents or guardians in the case of a Minor). You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Copyright Notice

All Contents of the Site are: Copyright 2020-2024 by Not the Bee, LLC and/or its affiliates and licensors. All rights reserved.

Digital Millennium Copyright Act

In the event of an alleged copyright infringement, Not the Bee shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) and will take steps to have the allegedly infringing material removed or access to such material blocked.

It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA. With respect to copyright infringement, the DMCA requires Not the Bee to have a designated agent to receive notices of alleged copyright infringement. For any Contents accessible on the Site that you believe infringes your copyright, please send a written notice of alleged copyright infringement to Not the Bee’s designated agent at the following address:

• Not the Bee DMCA Agent
• Nason, Yeager, Gerson, Harris & Fumero, P.A.
• ATTN: Brian Hickey, Esq.
• 3001 PGA Blvd, Suite 305
• Palm Beach Gardens, FL 33410
• Telephone: (561) 686-3307
• Email: [email protected]

Your written notification of alleged copyright infringement should include all of the following information:

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Not the Bee to locate the material on its server;
3. Information reasonably sufficient to permit Not the Bee to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.

Counter Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us by submitting written notification to our copyright agent designated above. The DMCA allows us to restore the removed content if the party filing the original DMCA notification does not file a court action against you within ten (10) business days of receiving the copy of your counter notification. Pursuant to the DMCA, the counter notification must include substantially the following:

1. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
2. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
3. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
4. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue; and
5. Your physical or electronic signature.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Procedure for Submitting Notification of Alleged Intellectual Property Infringement (other than copyright infringement)

If you believe that any Contents posted using this Site infringes the intellectual property that you own or are licensed to enforce (other than your copyright), please send a written notification to the address provided above, or via email: [email protected].

Your Privacy Rights

All information we collect on this Site is subject to our Privacy Policy and our Privacy Notice for California Residents . By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and Privacy Notice for California Residents, as applicable.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any links at any time without notice in our discretion.

Indemnification

You agree to indemnify, defend and hold harmless Not the Bee and its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, insurers, attorneys, licensors, suppliers, successors, and assigns from and against any and all damages, losses, claims, judgments, actions, and fees (including reasonable attorneys’ fees) brought by you or any third party arising out of or resulting from: (a) your use of or inability to use the Site, or your use of any information obtained from the Site (b) the infringement, misappropriation, or violation by you of any intellectual property rights of any person or entity, (c) your violation of the Terms, (d) any content or data entered by you, including any User Content, (e) the breach of any warranty or representation made by you in the Terms, or (f) your violation of any applicable laws, rules or regulations.

Geographic Restrictions

The owner of the Site is based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws from your home nation, and the country, state, and city in which you are present while using the Site.

We provide the Site for use only by persons located in a jurisdiction permitting such use. We do not represent that the Site or any of its content is accessible, appropriate or legal in all jurisdictions. You are solely responsible for compliance with all laws and regulations of the jurisdiction from which you access the Site. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING OUR SOCIAL MEDIA PAGES, IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE INCLUDING OUR SOCIAL MEDIA PAGES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. Not the Bee DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE INCLUDING OUR SOCIAL MEDIA PAGES IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Not the Bee DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT TRANSMISSION TO OR FROM THE SITE AND OUR SOCIAL MEDIA PAGES AND ACCESS TO THE SITE AND OUR SOCIAL MEDIA PAGES WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND OUR SOCIAL MEDIA PAGES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Not the Bee OR ANY OF ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ATTORNEYS, EMPLOYEES, CONTRACTORS, AGENTS, INSURERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE INCLUDING ANY OF OUR SOCIAL MEDIA PAGES, ANY WEBSITES LINKED TO IT, OR ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF Not the Bee HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVEL LIMITATION MAY NOT APPLY TO YOU. ACCORDINGLY, THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE INCLUDING ANY OF OUR SOCIAL MEDIA PAGES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE INCLUDING OUR SOCIAL MEDIA PAGES.

Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. YOU AND Not the Bee ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Any controversy, claim, or dispute arising out of or related to these Terms, the Site, or the relationship of the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved by binding arbitration according to the procedures set forth in this paragraph. NOTWITHSTANDING THE FOREGOING, THE PARTIES HEREBY AGREE AND ACKNOWLEDGE THAT ANY ACTION BY Not the Bee OR ANY OF ITS AFFILIATES OR SUBSIDIARIES FOR: (i) TRADE SECRET MISAPPROPRIATION; (ii) PATENT INFRINGEMENT; (iii) COPYRIGHT INFRINGEMENT OR MISUSE; OR (iv) TRADEMARK INFRINGEMENT OR DILUTION SHALL NOT BE SUBJECT TO ARBITRATION UNDER THIS SECTION. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted in Palm Beach County, Florida before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines. You agree to arbitration on an individual basis. No Dispute may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.

ANY DEMAND FOR ARBITRATION SHALL BE MADE WITHIN A REASONABLE TIME AFTER THE DISPUTE HAS ARISEN, PROVIDED THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW.

You agree that any claim or controversy excluded from arbitration pursuant to the terms of this provision or determined by an arbitrator or court of competent jurisdiction to be excluded from this Section (“Excluded Claim”) shall be governed by the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than the State of Florida. You hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Palm Beach County, Florida, for the adjudication of any Excluded Claim, and hereby irrevocably waive, and agree not to assert in any suit, action or proceeding, any claim that you are not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed or operate to preclude a party from bringing suit or taking other legal action against the other party in any other jurisdiction to enforce a judgment or other court ruling in favor of such party.

No Waiver

Not the Bee’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Not the Bee’s right to subsequently enforce such a provision or any other provision of these Terms of Use, nor will any delay or omission on the part of Not the Bee to exercise or take advantage of any right or remedy that Not the Bee has or may have hereunder, operate as a waiver of any right or remedy.

Severability

In the event that any of the provisions of these Terms shall be held by a court, arbitrator or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Modification

Not the Bee, in its sole discretion, reserves the right to update, revise, supplement and otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions will be effective immediately upon posting to the Site, and shall apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site. You agree to review the Terms upon each visit to the Site. Your continued use of the Site following the posting of revised Terms of Use will be deemed to conclusively indicate your acceptance of the revised Terms.

Entire Agreement

The Terms of Use, our Privacy Policy , our Privacy Notice for California Residents, and our Terms and Conditions For Online Sales constitute the sole and entire agreement between you and Not the Bee regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. In the event that any provision contained in the Terms of Use conflicts with any provision in the Privacy Policy (including our Privacy Notice for California Residents), the provision most favorable to Not the Bee shall govern and control.