Welcome to goodvibeshive.com (the “Site”). Please read the following terms and conditions (this “Agreement”), which apply to your use of the Site and all products and services offered on the Site, the mobile versions thereof, and any applications, platforms or technologies offered by Good Vibes Hive LLC (“Good Vibes Hive”). The Site is controlled, owned and operated by Good Vibes Hive.

This Agreement is a binding contract between you and Good Vibes Hive. You shall be deemed to have agreed to the terms of this Agreement by either using the Site simply as a guest through browsing or by registering as a member of the Site.

1. GENERAL USE PROVISIONS

1.1 All materials provided on the Site including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content or any other materials you may see or read on the Site and all related software code (collectively, the “Materials”) are provided either by Good Vibes Hive or by its respective third party licensors or agents (“Third Party Providers”) and are the property or copyrighted work of Good Vibes Hive and/or its respective Third Party Providers. All Rights Reserved. Third Party Providers are intended third party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.

1.2 Subject to the terms and conditions herein, Good Vibes Hive hereby grants you a limited, revocable, personal, non-sublicenseable, non-transferable, non-exclusive license to access and use the Site and the Materials for your limited and personal, non-commercial access and use for real-time viewing purposes only. You agree not to: (a) modify or alter any part of the Site or the Materials, (b) attempt to gain unauthorized access to the Site, other members’ accounts or account information, or other computer systems, servers or networks connected to this Site or any portion thereof, (c) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use this Site to harm minors in any way, (f) impersonate any person or entity, including a Good Vibes Hive’s representative, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (h) collect or copy any product listings or products from this Site, (i) intentionally or unintentionally violate any applicable local, state, national or international law, (j) provide inaccurate, incomplete, outdated or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from this Site or otherwise access this Site. You further agree to comply with all applicable laws, rules and regulations governing your use of the Site and access of the Materials

1.3 Except as otherwise provided, or pursuant to a separate written agreement between you and Good Vibes Hive, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Good Vibes Hive or the appropriate Third Party Provider. Except where expressly provided otherwise by Good Vibes Hive, nothing on the Site shall be construed to confer any license to any of Good Vibes Hive’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication or otherwise. Good Vibes Hive reserves the right in its sole and absolute discretion to terminate your right to use the Site at any time.

2. OPENING MEMBER ACCOUNT: LOGIN AND PASSWORD

2.1 To open a member account, you must complete the registration process by providing Good Vibes Hive with current, complete and accurate information as prompted by your account profile. In registering for the member account, you agree to submit accurate, current and complete information, and to promptly update such information. Should Good Vibes Hive suspect that such information is untrue, inaccurate, not current or incomplete, Good Vibes Hive has the right to suspend or terminate your access to the Site. Your user account cannot be shared or used by anyone other than you. By opening a user account, you are confirming that you are at least eighteen (18) years of age.

2.2 Upon registration, you will receive a user name and personal password. You will be responsible for keeping your user name and password confidential. You will notify us immediately upon learning of any unauthorized use of your user name and password. Good Vibes Hive cannot and will not protect you from unauthorized use of your user name and password. You will be responsible for all activities and charges incurred through the use of your user name and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your user name and password, except for unauthorized use of your user name and password directly resulting from the gross negligence or willful misconduct of Good Vibes Hive. This Agreement is personal to you, and you shall not assign your rights to anyone.

3. THIRD PARTY SITES AND LINKS

3.1 The Site may contain links to websites controlled by parties other than Good Vibes Hive. Good Vibes Hive is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites or any transactions completed through such websites. Good Vibes Hive is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Good Vibes Hive of the linked website, notwithstanding the inclusion on such website of the trademarks of Good Vibes Hive or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use are sufficient for your purposes and are free of viruses or other items of a destructive or invasive nature.

3.2 Materials provided by Third Party Providers on the Site have not been independently reviewed, tested, certified, or authenticated in whole or in part by Good Vibes Hive. Good Vibes Hive does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Good Vibes Hive. Any correspondence with, purchase of goods or services from, or participation in third party promotions of such Third Party Providers is solely between you and the applicable Third Party Provider.

3.3 You may link to our homepage located at www.goodvibeshive.com, provided that any such link does not imply any affiliation, endorsement, or sponsorship of your website by Good Vibes Hive. You may not frame or otherwise incorporate into any other website any of the Materials.

4. PRIVACY POLICY

4.1 At Good Vibes Hive LLC, your privacy is very important to us. We do not sell, rent, or share your personal information to or with third parties without your explicit consent. Please read this privacy policy to learn more about what types of information we gather about you, how we use it, and how to correct or change it.
4.2 SCOPE OF POLICY. This privacy policy applies to our websites, mobile sites, and applications, including the www.goodvibeshive.com website, and the mobile versions thereof. It does not apply to other companies’ or organizations’ websites to which we link. You should carefully review the privacy policies of those web sites in order to determine how your personal information is treated by such third parties.
4.3 INFORMATION GATHERED FROM ALL VISITORS
Aggregate Data: We gather certain generic information with respect to all visitors’ use of our web sites, such as the number of unique visitors, frequency with which they visit and favored areas on the web sites. We only use this type of data in aggregate — that is we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps provide services and features that most likely meet your needs, and to customize our websites to make your experience easier and more enjoyable. We may also provide statistical “ratings” about how our customers collectively use our web sites to advertisers, sponsors, and other companies with which we do business. These statistical ratings do not contain any personally identifiable information about you or any of our users.
We may automatically track certain information about you based upon your behavior on our sites. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis.
Cookies: We use a technology nicknamed “cookies” on our web sites. Cookies are pieces of information or data sent to your browser from a web server and stored on your computer’s hard drive for record-keeping purposes. Cookies may be set upon your browser during site visits to save your site customization preferences and to save your passwords so you do not have to re-enter passwords upon each site visit. Cookies help you navigate our web sites, and help us customize our web sites to provide personal service. We also use cookies to track user sessions and to gather site usage statistics.
IP Addresses: We collect and analyze traffic on our web sites by keeping track of the IP addresses of our visitors. IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet. An IP address, by itself, cannot identify you personally. However, when combined with other information provided by your Internet Service Provider (ISP), your IP address can be used to identify the computer originating a message.
Applications: We collect generic information through applications, including mobile applications or widgets.
Surveys: From time to time, we may conduct surveys or solicit your feedback. These surveys are used to gather information to improve our sites and provide a more meaningful experience for our users. We may also use the information to alert you to offers and products in which you have expressed an interest.
4.4 COMMUNICATIONS. Good Vibes Hive reserves the right to communicate with you from time to time about important administrative, policy, legal, credit card, and billing matters, which will affect your use of our website, including any alleged violations of the applicable website Terms of Service. If you are an account holder, you will automatically receive the following emails unless you choose to not receive them by going to the “Account Login” page or by following the instructions at the bottom of each email message on how to unsubscribe: (i) to contact you for feedback and surveys; or (ii) to send you relevant company or service-related information.
4.5 USE OF PERSONAL INFORMATION GATHERED. If you elect to open a user account on our website, you will be required to provide us with certain personal information, including your name, email address, phone number, credit card, debit card or account number, expiration date, and billing address (this required information is subject to change from time to time).
If you elect to open a member account on our website, you will be required to provide us with certain personal information, including your name, e-mail address, address, phone number and date of birth (this required information is subject to change from time to time).
There may also be opportunities for you to provide us with additional information regarding your preferences and interests, and we may also use this information to make recommendations to you regarding specific teachers and classes. This information, however, is not required and is completely optional on your part.
In general, we will only use the information you provide to us for the purpose for which such information was provided, such as communications, billing and processing your account. We also use such information to deliver to you information about Good Vibes Hive and our promotions. Users may opt-out of receiving future mailings from us by following the instructions set forth below. We also use information for trend analysis, pattern detection, and site administration. Your personal information may also be disclosed to a third party in the event of any merger, sale, joint venture, reorganization assignment, transfer or disposition of all or any portion of our business.
4.6 DISCLOSURE EXCEPTIONS. Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law: (i) to comply with legal process such as a search warrant, subpoena, or court order; (ii) to protect Good Vibes Hive’s rights and property; (iii) to investigate reports of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (iv) to protect against misuse or unauthorized use of our web sites and/or the Good Vibes Hive service; or (v) during emergencies, such as when we believe someone’s physical safety is at risk.
4.7 YOUR CONTROL OVER YOUR PERSONAL INFORMATION. Every communication Good Vibes Hive sends you will contain a clearly worded “Opt-Out” or “Unsubscribe” link allowing you to withdraw your permission for future mailings. Permission changes will be honored as soon as possible after receipt. Please allow five to seven days for processing. Permission changes will however not affect any information that you provided to us.
Editing Your Profile: If you are a registered user, you have the ability to review, correct, and change choices you have previously made as to the use of your personal information. Simply sign in and click the “My Account” link on the header of every page. There, you can change your personal and address information, sign-in, and email preferences.
4.8 ACCEPTANCE OF PRIVACY POLICY. Your use of our websites, including any dispute concerning privacy, is subject to this privacy policy and the applicable website Terms of Service. BY USING OUR WEB SITES, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND THE APPLICABLE WEBSITE TERMS AND CONDITIONS. We reserve the right to modify this privacy policy at any time by posting the changes on this page.

5. SUBMISSIONS

5.1 We welcome feedback regarding the Site as well as our studio locations. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Good Vibes Hive shall be and remain the exclusive property of Good Vibes Hive. Your submission of any such Comments shall constitute an assignment to Good Vibes Hive of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Good Vibes Hive will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

6. PAYMENTS

6.1 By placing an order on the Site, you authorize Good Vibes Hive to charge the card utilized as the payment method to obtain the relevant funds. You represent and warrant that you have the legal right to use the payment method utilized in connection with any such order or other transactions. You agree that any purchase charge may occur several business days after your transaction(s) has occurred and after the date shown on your transaction receipt(s). Unless otherwise noted on the Site or in the Materials, all purchases shall expire six (6) months from activation. Store credit will be issued for unopened, unused merchandise returned within seven (7) days of purchase with a receipt. However, all sales are final with respect to sales items. Gift cards and gift certificates may only be redeemed for Good Vibes Hive merchandise or services and are non-refundable and non-transferable. Gift cards and gift certificates cannot be redeemed for cash.

7. DISCLAIMER OF WARRANTIES

7.1 You agree that your use of the Site and materials shall be at your own risk. The Site and materials are provided on an “as is,” or “as available” basis. With regard to the materials and the Site, Good Vibes Hive and the third party providers make no warranty regarding your use of the Site. Good Vibes Hive hereby disclaims all express or implied representations, warranties, guaranties and conditions, including, but not limited to, any implied representations, warranties, guaranties and conditions of merchantability, title and non-infringement, except to the extent that such disclaimers are held legally invalid. Good Vibes Hive and the third party providers do not warrant with respect to the performance or results you may obtain by using the materials. Good Vibes Hive shall have no liability for any viruses or issues obtained while on the Site. Without limiting the generality of the foregoing, Good Vibes Hive and the third party providers do not warrant that (A) the materials will meet your requirements, (B) the materials will operate or be usable in combination with other hardware, software, systems of data, (C) the operation or use of the Site or the materials will be uninterrupted or error-free, or (D) any program errors will be corrected. You assume all responsibility for determining whether the materials are accurate or sufficient for your purposes. Good Vibes Hive and the third party providers shall have no liability or responsibility for any personal injury or property damage, of any nature whatsoever, resulting from your access to the Site and/or use of the materials. Good Vibes Hive and the third party providers do not make any representations, warranties, guaranties, or conditions as to the quality, suitability, truth, accuracy, or completeness of the materials contained on the Site. The Site is controlled and offered by Good Vibes Hive from its main facilities in Ohio. Those who access or use the Site from other jurisdictions do so at their own option and are responsible for compliance with their local law.

8. LIMITATION OF LIABILITY

8.1 Good Vibes Hive and the third party providers shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing or accessing the Site or the materials, as well as for any damages suffered as a result of the inability to use the Site or the materials. In no event shall Good Vibes Hive or third party providers be liable for any indirect, punitive, special, incidental, or consequential damages, however arising, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site or the materials made available from the Site, even if Good Vibes Hive has been previously advised of the possibility of such damage. You acknowledge and agree that Good Vibes Hive shall not be liable for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. As a user of the Site, your sole remedy for dissatisfaction with the Site and/or the materials is stop using the Site. The foregoing limitation of liability shall apply to the fullest extent permitted in the applicable jurisdiction.

9. INDEMNITY

10.1 You hereby agree to defend, indemnify and hold Good Vibes Hive and the Third Party Providers harmless from, and you covenant not to sue Good Vibes Hive or the Third Party Providers for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of this Agreement, or (c) your use of the Site or the Materials.

10. ADDITIONAL TERMS AND MODIFICATIONS

10.1 Good Vibes Hive and the third party providers may make improvements and/or changes to the Site and the materials at any time without notice. Good Vibes Hive may make changes to this Agreement or policies relating to the usage of the Site by posting an updated version of this Agreement or other policies on the Site. You are responsible for regularly reviewing this Agreement and the policies. Your continued use of the Site after any such changes constitutes your consent to such changes.

11. GENERAL TERMS

11.1 The Site may include inaccuracies or typographical errors. The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” No joint venture, partnership, employment or agency relationship exists between you and Good Vibes Hive as result of this Agreement or through the use of the Site. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by a duly authorized representative of each party. The failure of Good Vibes Hive to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Good Vibes Hive in writing. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect. Good Vibes Hive shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Agreement will be governed by Ohio law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that the Site shall be deemed solely based in Ohio, and the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Good Vibes Hive in jurisdictions other than Ohio. Any and all disputes, actions, claims, or causes of action related to or in connection with this Agreement or the Site shall be brought in the federal and state courts located in Columbus, Ohio. This Agreement represents the entire understanding relating to the use of the Site and prevails over any prior or contemporaneous, conflicting or additional communications, including statements on the Site. Good Vibes Hive has the right to assign or transfer this Agreement to a third party which acquires substantially all of the assets or equity of Good Vibes Hive connected with the Site. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without Good Vibes Hive prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. You and Good Vibes Hive agree that any cause of action arising out of or related to the Site must commence within one year after the cause of action accrues, it being the express intent of the parties to limit the time period during which a party may bring a claim. Otherwise, such cause of action is permanently barred.

12. INTELLECTUAL PROPERTY NOTICES

12. 1 You hereby acknowledge the following proprietary notices and legends: Elements of the Site are protected by copyright, trademark and other intellectual and industrial property laws and may not be copied or imitated in whole or in part except as provided in this Agreement. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Good Vibes Hive. Good Vibes Hive, the Good Vibes Hive logo, and/or other Good Vibes Hive brand names for products or services referenced herein or included on the Site are trademarks of Good Vibes Hive LLC. and may be registered in certain jurisdictions.

Questions or Comments. If you have any questions or comments about this Agreement or the Site, please contact Good Vibes Hive through the “Contact Dani” webpage on this site.