Terms of Service

Consultation

If you have questions about your prescriptions or any other medication related inquiries, our pharmacists are available for counseling during normal business hours Mon - Fri 6 AM to 6 PM and Sat 7 AM to 3:30 PM (Pacific Time) at 1-833-466-3979.

Honeybee Terms of Service

Welcome, and thank you for your interest in Honeybee Health, Inc. (“Us,” “We,” Honeybee Health,” or the “Company”) and our website at www.honeybeehealth.com and various related services (collectively, the “Website”). This page explains the terms by which you may use our online services, Website and related features in connection with the Honeybee Health’s services (the “Services”). The Services are provided to you subject to your compliance with all the terms, conditions, and notices contained or referenced herein, (as well as any other written agreement between us and you). In addition, users shall be subject to any posted rules applicable to such Services or materials that may contain terms and conditions in addition to those in these Terms of Service, including the Honeybee Health’s Privacy Policy, available at Privacy Policy (collectively, the “Terms of Service” or “Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION UNDER THE HEADING TITLED “DISPUTE RESOLUTION AND ARBITRATION” (THE “ARBITRATION AGREEMENT”) ALONG WITH A CLASS ACTION/JURY TRIAL WAIVER UNDER THE HEADING TITLED “NO CLASS ACTION” (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS UNDER THE HEADING “RIGHT TO OPT OUT OF ARBITRATION” THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

User’s Acknowledgment and Acceptance of Terms

You are permitted to use the Services only if you: (i) Represent that you are able to form a binding contract in your jurisdiction; (ii) Comply with our Terms of Service and all applicable local, state and national laws, rules and regulations; (iii) Will not copy or distribute any part of any part of the Services in any medium without Company’s prior written authorization except as permitted through the Website’s functionality and under these Terms of Service; (iv) Provide accurate and complete information when creating an account; (v) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Services; (vi) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes; and (vii) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

BY ACCESSING OR USING THE SERVICES, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE” (OR SOMETHING SIMILAR), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICES NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, OR ANY PRODUCTS, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE SERVICES AND/OR THOSE PARTICULAR PRODUCTS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SERVICES.

Subject to these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your internal use only and as permitted by the features of the Services. Honeybee Health reserves all rights not expressly granted herein in the Service and the Company Content. Honeybee Health may terminate this license at any time for any reason or for no reason.

In these Terms of Service, we use the terms “you”, “your” to mean any person accessing the Services, and any organization or person accessing the Services on an organization’s behalf. As used in these Terms of Service, “User(s)” refers to any individual accessing the Services.

About Honeybee Health

Honeybee Health is a California licensed cash pharmacy. We sell retail prescriptions at wholesale prices while offering free 3-5 day shipping.

Honeybee Health

3515 Helms Ave.<br/>Culver, City 90232

CA Board of Pharmacy License #PHY58817 NPI: 1124538806
NCPDP: 5664455

Honeybee Health is not insurance and does not meet any coverage requirements under any state law. Honeybee Health cannot be combined with your Medicare Part D or Medicaid, or any other federal or state funded health/drug coverage programs.

Payments made towards Honeybee Health for drugs or products may not count towards your health insurance deductible. It is up to you to verify with your health plan.

Honeybee Health is not associated with or uses any plan administrators or Pharmacy Benefit Managers. Our drug inventory is sourced from wholesale distributors.

Honeybee Health is a pharmacy and does not provide prescriptions or contract with or pays prescribers or health providers for any service related to your medication or health.

Buying from honeybeehealth.com

You must have a valid prescription from a doctor/prescriber in order to buy medications from Honeybee Health. If you wish to add items to your cart, then you must first register for an account with just your name and email address. Account registration is free, allowing you to add items to your cart. You must be at least 18 years old to shop with Honeybee Health. Once you’ve added medications to your cart, you must proceed to checkout, then complete the questionnaire during checkout in order to finalize your order. Information you must provide includes payment method, your name, email address, home address, date of birth, doctor’s information, your current pharmacy’s information, and other health related questions. You can edit the information you provide at any time on the Website, under “My Account” and “Dashboard”.

Account Information and Security

When you register an account, you are an Account Holder, and will provide us with personal information, such as a phone number, e-mail address, user ID, and password (“Account Information”). To use the Services, you agree to provide Honeybee Health with true, accurate, current, and complete information about yourself, and to update this information updated. Keep your Account Information current and accurate. You agree to not allow others to access your account. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your Account Information with others, and we will not be liable for any loss or damage resulting from your failure to comply with these obligations. If someone is using your account, notify us immediately. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. Additionally, you acknowledge that internet transmissions are never completely private or secure and you understand that any message or information you send to the Services may be read or intercepted by others, even if it is encrypted. Honeybee Health cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Account Holder, Associated Patients and Access to Information

Account Holders and patients associated with the Account Holder (“Associated Patients“) within their profile may access their prescription history and associated details on the Services. Account Holders may be automatically granted access to view prescription history of Associated Patients. As an Account Holder, you represent and warrant that you have permission to view and access prescription information, as well as request new fills and refills related to all Associated Patients. If you are an Associated Patient within an account (i.e., family member or dependent) you represent and warrant that the Account Holder has permission to view your prescription history and any other mail delivery prescriptions requested. Both Account Holders and Associated Patients acknowledge that communications may be sent via email, phone, text or other forms as provided by the Account Holder and/or associated Patients as indicated on the Account.

Payments and Fees

Honeybee Health will automatically charge your credit card once you complete the checkout and submit your order.

We may use a third-party payment vendor (“Third-Party Payment Vendor”) to process your payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third-Party Payment Vendor, and that all information you provide is accurate.

Your right to use the Services is conditional upon our receipt of payment of all fees owed to Honeybee Health, including Product Purchases, etc. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

Returns and Replacement Orders

By law, Honeybee Health cannot accept the returns of any prescription drugs. If you do need to dispose of your prescriptions, please contact your local health agency or for more information please check here.

If there is an error with your prescription purchase caused by Honeybee Health, we will gladly replace your order at no additional cost. However, we do have the right to refuse any requests to replace your order as all requests are subject to review.

Content and Intellectual Property

The Services and all materials therein may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively “Company Content”). Unless otherwise expressly identified, Company Content is owned by us or by our third-party licensors. The Company Content is protected by United States and international copyright, trademark, and other laws. You may browse the Website and download Company Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Company Content from the Services, including code and software underlying this the Services, nor may you sell, transfer, or otherwise use the Services or the Company Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to the Company Content at any time without notice. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights.

You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (such comments or ideas, “Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Honeybee Health under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Honeybee Health does not waive any rights to use similar or related ideas previously known to Honeybee Health, or developed by its employees, or obtained from sources other than you.

Health-Related Content Disclaimer

Information on the Website is not meant to substitute for the advice provided by a licensed healthcare provider or other qualified medical professional. Information available on this Website should not be used for diagnosing or treating a health problem or disease or prescribing any medication. Honeybee Health does not and cannot render any medical, nursing, or professional health care advice or services, and it does not engage in the practice of medicine, nursing, or professional health care in any jurisdiction. Information on the Website should not be used to treat or diagnose a health problem without consulting your physician. You should carefully read all product packaging prior to the consumption or use of any product and seek the advice of a licensed healthcare provider. If you suspect that you have a medical problem, promptly contact your healthcare provider.

Prescriptions, Transfers and Requests

By signing up for Honeybee Health, you give us consent to transfer your prescriptions from your existing pharmacy(s) and/or reach out to your prescriber(s) for new prescriptions.

Honeybee Health does not accept mailed in written or hard copy prescriptions. We only accept prescriptions received directly from your prescriber(s) via electronic transmission, fax, or called in from your prescriber’s office.

Honeybee Health does not dispense any medications without prescription and only accepts prescriptions from actively licensed prescribers in good standing within the United States. We do not supply any prescriptions to other pharmacies, facilities, organizations, retail establishments, or any other non-individual entity.

By making a purchase and/or registering with Honeybee Health, you attest that the medication you are purchasing is prescribed only to you from a valid, licensed prescriber within the United States. In accordance with all state and federal laws and at its sole discretion, Honeybee Health reserves to right to refuse service of any customer we determine has intentionally falsified information or is conducting fraudulent activity.

Feedback

We always appreciate feedback and are always on the lookout for ways to improve. For feedback, comments, questions, or concerns, you can contact us at support@honeybeehealth.com and we will return your e-mail at the soonest opportunity possible.

Guarantee and Warranty; Limitation of Liability

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY HONEYBEE HEALTH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HONEYBEE HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, HONEYBEE HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HONEYBEE HEALTH, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. HONEYBEE HEALTH DOES NOT WARRANT THAT THE SERVICES, PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM HONEYBEE HEALTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HONEYBEE HEALTH ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

IN NO EVENT WILL HONEYBEE HEALTH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICES OR ANY USE OF THE SERVICES, OR OF ANY SITE, PRODUCT OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SERVICES, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF HONEYBEE HEALTH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HONEYBEE HEALTH ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO HONEYBEE HEALTH IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING SHALL CONSTITUTE HONEYBEE HEALTH’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE HONEYBEE HEALTH FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE, THE SERVICES, AND THE PRODUCTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Usage Policy/TCPA Opt-In

You represent and warrant that the owners of the phone numbers/e-mail addresses you provided to Honeybee Health. By providing your phone number/e-mail address to Honeybee Health, you expressly consent to Honeybee Health calling you at this phone number, either in person or through an automated system. You further give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Honeybee Health, about healthcare and consumer products/services, regardless my status on any State or Federal Do Not Call list. Messaging and data rates may apply from your mobile carrier. You understand consent is not a condition of purchase.

Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Services by visiting the following websites:

Federal Trade Commission: http://www.ftc.gov
Federal Communications Commission: http://www.fcc.gov
DoNotCall Registry Info: http://www.donotcall.gov

Indemnification

You agree to indemnify and hold Honeybee Health, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Honeybee Health by any third party due to or arising out of or in connection to your violation of these Terms of Service, or with your use of the Services.

Dispute Resolution and Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. This Arbitration Agreement applies to and governs any dispute, controversy, or claims between you and Honeybee Health that arises out of or relates to, directly or indirectly, (i) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with Company, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement. In the interest of resolving disputes between you and Honeybee Health in the most expedient and cost effective manner, you and Honeybee Health agree that every Claim will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HONEYBEE HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

Arbitrator

Any arbitration between you and Honeybee Health will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Honeybee Health at support@honeybeehealth.com.

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Honeybee Health’s address for Notice is:

Honeybee Health

3515 Helms Ave.
Culver, City 90232

The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Honeybee Health may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Honeybee Health must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Honeybee Health will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Honeybee Health in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

Fees and Procedure

The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms of Service, Honeybee Health will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Honeybee Health for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural law of the jurisdiction in which the dispute arose. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

No Class Action

YOU AND HONEYBEE HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and Honeybee Health agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a User may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.

Modifications to this Arbitration Provision

If Honeybee Health makes any future change to this arbitration provision, other than a change to Honeybee Health’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Honeybee Health’s address for Notice, in which case your account with Honeybee Health will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability

If the “No Class Actions” section is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms of Service.

Right to Opt Out of Arbitration

You may submit a statement notifying Honeybee Health that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify Honeybee Health of your intention to opt out by submitting a written notice, which may be via email to support@honeybeehealth.com, stating that you are opting out of this section. In order to be effective, your opt-out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Los Angeles County, California, USA.

Changes to Services; Termination of Service

Honeybee Health may change the Services, stop providing the Services or features of the Services, or terminate your privilege to use or access the Services immediately and without notice for any reason whatsoever. Honeybee Health may permanently or temporarily terminate of suspend your access to the Services without notice and liability for any reason. Upon termination, you must immediately cease accessing or using the Services and agree not access or make use of, or attempt to use, the Services. Furthermore, you acknowledge that Honeybee Health reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Services. You understand that Honeybee Health may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Honeybee Health.

All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

Advertisements

Honeybee Health and its licensees may publicly display advertisements and other information adjacent to or included with your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Intellectual Property

The entire content and materials contained on the Services, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Services and other intellectual property and Company Content are owned by or licensed to Honeybee Health to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Services are either the property of, or used with permission by, Honeybee Health. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with the Company. We may redesign the Services in our sole discretion at any time.

Restrictions on Use

You may not use the Services or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Company. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Company’s prior written consent.

Modification of Company Content is a violation of the copyrights and other proprietary rights of Company or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Company. The Services and the information contained therein may not be used to construct a database of any kind. The Services and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Services.

By using the Services, you agree not to:

- Use the Services for any illegal purpose or in violation of any local, state, national, or international law;

- Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

- Using any automated system, including without limitation “robots,” “spiders,” or “offline readers” to access the Services in a manner that sends more requests to the Company servers than a human can reasonably produce in the same period using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

- Use the Services and information contained therein to construct a database of any kind;

- Store the content contained in the Services, in its entirety or in any part, in databases for access or distribution by you or any third party;

- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

- Interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;

- Interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;

- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other account without permission, or falsifying your age or date of birth;

or

- Sell or otherwise transfer the access granted under these Terms of Service

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Honeybee Health is intended or created by this Agreement. Users are not Honeybee Health’s representative or agent, and may not enter into an agreement on Honeybee Health’s behalf.

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Services, you may contact our Designated Agent at the following address:

Honeybee Health

3515 Helms Ave.
Culver, City 90232

Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;

3. A description of the material that you claim is infringing and where it is located on the Service;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Honeybee Health will promptly terminate without notice the accounts of users that are determined by Honeybee Health to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had user content removed from the Services at least twice. Honeybee Health may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Links to Other Sites and Materials

As part of using the Services, Honeybee Health may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Honeybee Health has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Honeybee Health, and Honeybee Health is not responsible for any Third Party Sites accessed through the Services or any Third Party Applications, Software, or Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Honeybee Health. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from the site.

Privacy

Honeybee Health’s current privacy policy is available on the Website and at our website (Privacy Policy) (the “Privacy Policy”), which is incorporated by this reference. In accordance with the Privacy Policy, we may collect information about the location of your device each time you use the Services, or when you otherwise consent to the collection of this information.

We strongly recommend that you review the Privacy Policy closely.

Electronic Communications

The communications between you and Company use electronic means, whether you use the Services or send us emails, or whether Company posts notices on the service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Company in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Notice

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.

Any such notice must be sent to:

Honeybee Health

3515 Helms Ave.
Culver, City 90232

Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Changes and Amendments to Terms

These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Services and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Website. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such terms or any other term. Our rights under this Agreement will survive any termination of this Agreement.

Company may assign or delegate these Terms of Service and/or Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Company’s prior written consent, and any unauthorized transfer or assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.