Terms of Service

Honeycomber Club

Last Updated: 01/22/2021

Effective: 01/22/2021

Welcome to Honeycomber Club! 

LTLB’s Honey Co, LLC, DBA Honeycomber Club ("Honeycomber Club," "we," "us," and/or "our") provides its services (described below) to you through its website located at https://www.honeycomberclub.com (the "Site"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"). 

If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY HONEYCOMBER CLUB. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND HONEYCOMBER CLUB. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.

By accessing, browsing or using this Service, you acknowledge that you have read, understood, and agreed to be bound and abide by the Terms of Service and the Privacy Policy. If you do not agree to these terms or to the Privacy Policy, you should not use or access this Site.

The Terms include, and incorporate by reference, the following policies: the Honeycomber Club Privacy Policy. Please review our Privacy Policy. To the extent there is a conflict between the terms of the Privacy Policy and the Terms of Use, the Terms of Use govern.

Changes: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service and our Privacy Policy at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. We recommend you print a copy of these Terms for your records. If we make changes, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. The new or revised Terms of Service and/or Privacy Policy supersede all previous versions, notices, or statements regarding the Service. If we request, you agree to sign a non-electric version of these Terms of Use.

Access and Use of the Service

Services Description: The Service is a technology platform that offers content, functionality as well as subscriptions and goods to users for purchase. Users who purchase subscriptions and goods through the Service are “Buyers.”

Your Registration Obligation: If you choose to create an account and register for the Service, we may assign or you may be required to select a password and user name or account identification. You agree to provide and maintain true, accurate, current, and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state of residence) or to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service. Additionally, Honeycomber Club reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at anytime, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

Service is Not for Minors: The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state of residence). Minors may not make a purchase on our Site. We reserve the right to revoke your ability to access the products and services offered on the Site at any time, without notice, and for any reason, including as a result of a violation of these Terms or the Privacy Policy, without notice. 

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Honeycomber Club of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Honeycomber Club will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Honeycomber Club reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Honeycomber Club shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service

General Practices Regarding Use and Storage: You acknowledge that Honeycomber Club may establish general practices and limits concerning use of the Service. You agree that Honeycomber Club has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Honeycomber Club reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Honeycomber Club reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

Fraud Protection: We may audit received orders for fraud or other types of unauthorized or illegal activity as a part of our order processing procedures. Honeycomber Club reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Honeycomber Club and its users from illegal or wrongful activities or other violations of these Terms. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, and refuse to process an order due to suspected fraud or unauthorized, illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your order, or we may contact you at the phone number or email you provided when placing your order.

Item Descriptions & Specifications; Quantity Limits: With the exception of any user generated content, we aim to convey complete and reliable information about our Items on the Service. However, certain information may contain pricing errors, typographical errors, and other errors or inaccuracies, which we may correct without liability. We do not guarantee that all products described on the Service are available. We reserve the right to limit quantities purchased by members.

Additional Terms of Service: You agree to additional terms of service may apply to specific products, orders, or your use of certain portions of the Service. This includes our shipping and return policies. Additional terms are made part of these terms by reference, and you agree to additional terms by using the Site. If you do not agree to additional terms, you may not use the Site. If there is a conflict between these Terms and the Additional Terms, the Additional Terms govern.

Conditions of Use

You may use the Service, including site, in compliance with these terms and only for your own noncommercial, personal use. By using the Service you verify that you are (i) located inside the  United States and agree to be bound by U.S. laws. The Services, including the site, are meant for users within the United States. We currently do not offer Services to any other countries. 

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Service, including the Site. At our sole discretion and without notice to you, we reserve the right to revise the products and services available on the Site and to modify, suspend, or discontinue any aspect of the Service. You agree that Honeycomber Club shall not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Service or restrict your access to parts or all of the Service without notice or penalty. Your continued use of the Service will constitute your acceptance of any such changes.

You are responsible for your own communications and the consequences of those communications. This includes uploading, submitting, or posting information to the Site. Any other use of the Service requires the prior written consent of Honeycomber Club. The technology underlying the Service (including the Software distributed in connection therewith) is the property of Honeycomber Club, our affiliates, and our partners. You agree not to copy, modify, transmit, publish, create derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). You agree to not use the Service to:

  • Share, post, or otherwise transmit content that infringes on intellectual property, publicity, privacy rights, or any other proprietary rights of another person or entity. 

  • Modify, copy, scrape, rent, lease, loan, sell, distribute, frame the site within another web site, or create derivative works based on the Service or Service Content, in whole or in part.

  • Post or disseminate information which is untrue, inaccurate, or not your own 

  • Partake or engage in conduct that would violate any applicable local, state, national, or international law or any regulations having the force of law.

  • Interfere with or disrupt the Service or servers or networks connected to the Service or attempt to use the Service to gain unauthorized access to any other system

  • engage in or use any data mining, robots, spiders, scraping, or similar data extraction and gathering methods on this Service. You may not use any of these data mining methods to catalog, download, reproduce, store or distribute the Site’s content.

You may not take action to interfere with or disrupt the Site or other user’s Site experience, including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not use automated means to manipulate the Site, such as automating what are manual or one-off procedures.

Purchase and Sale Transactions

Fees: Registering for the Service is free; however, Honeycomber Club charges certain fees for various transactions effected through the Service. Honeycomber Club charges a credit card processing fee and reserves the right to add, modify, or remove fees at its sole discretion. Fees will always be disclosed to customers before purchasing. If a Fee is changed for an Automatic Monthly Rebillable Subscription Honeycomber Club may or may not notify already subscribed customers before the fee change takes effect.

Taxes: Items purchased by and shipped to Buyers in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax, or similar transaction-based taxes (“State Tax”). The amount of Taxes is based on a number of factors, including but not limited to, the type of Item or good purchased and the Buyer’s designated delivery address. 

Buyers are responsible for paying the applicable purchase price for a purchased item, good, or subscription and paying applicable Taxes and/or duties associated with the purchase of items, goods, or services through the Service. The rate of Tax applied to purchases of taxable items, goods, or services is a combined rate based on the state and local rates of the address where the items or goods are delivered to. 

Promotions and Credits: Buyers may use certain Honeycomber Club promotions or credits towards the purchase of Items, goods, or subscriptions. Depending on the type of promotion or credit used, it may reduce the amount of Taxes that apply to a Buyer's order. The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.

Tax and shipping costs are not included in the listed price for any Items, goods, or subscriptions listed on the Service but will be displayed to Buyers before confirmation of any purchase. 

We reserve the right to revise, suspend, or terminate an event, sale, or promotion at any time without notice (including after an order has been placed or acknowledged). 

Payments: Buyers may pay for Items, goods, and subscriptions using a valid credit card or other accepted payment methods. You must supply a valid shipping address. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction through the Service. If you submit your payment information through the Service, then you authorize Honeycomber Club to store that payment information and charge your payment method for any Item or subscription you purchase. Through supplying information to Honeycomber Club to make the transaction, including, without limitation, your credit card number, the expiration date of your credit card, billing address, and your shipping information, you grant Honeycomber Club the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. 

Fee Modifications: We reserve the right to introduce, change, or discontinue (temporarily or permanently) some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and at our sole discretion. Any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.

Consumption Risk: Honeycomber Club is not affiliated with or endorsed by any retailer, brand, manufacturer, or supplier (i.e. farms, apiaries, beekeepers) of the items that Buyers purchase through the Service: There are risks that you assume when consuming honey and other goods, including, but not limited to, illness and injury. You agree that all of these risks are borne by you, and not Honeycomber Club.

Item Representations, Status, and Quantities: All descriptions, images, references, features, content, specifications, Items, and prices of Items, goods, and subscriptions described or depicted on the Service are subject to change at any time without notice. Provided weights, measures, and other descriptions are approximate and are offered for convenience purposes only. The inclusion of any Item on the Service does not imply or warrant that these Items will be available. It is your responsibility to understand and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Service. By placing an order, you represent that the Items ordered will be used only in a lawful manner. Honeycomber Club reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. 

Purchases: You agree that by placing an order on the Service, you are entering into a binding contract with Honeycomber Club, and you agree to pay all charges that may be incurred by you or on your behalf through the Service at the price(s) in effect when such charges are incurred including, without limitation, all fees and applicable shipping charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. 

Returns: Honeycomber Club is not obligated to accept the return or refund of item(s) that are as advertised but has the option to do so. If the items, goods, or subscription products you receive are not as described on the Service, then you must report the issue in the Honeycomber Club Service within 3 days after delivery of the purchased item. The order becomes non-refundable 72 hours after the item has arrived at your address. Honeycomber Club offers no shipping speed guarantees. Honeycomber Club is not obligated to grant a buyer’s request to return an item that was not delivered within a certain timeframe.

Risk of Loss: Any Items purchased from our Service will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

The Subscription Contract Between You and Honeycomber Club

Subscription Types: Honeycomber Club may offer a variety of subscription types, including; 

  • Rebillable monthly subscriptions

  • Rebillable Prepaid subscriptions with commitment terms

  • Rebillable subscriptions with less frequent deliveries

  • Prepaid three, six, or twelve month subscriptions that do not renew or rebill (like our Gift Subscription)

Automatic Renewal Terms: With respect of Honeycomber Club subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis and have agreed to the amount of the recurring charges, Honeycomber Club may periodically charge (e.g. monthly) your submitted payment method without further authorization from you, until you provide prior notice at any time that you with to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Honeycomber Club could reasonably act on the notice. Information on how to cancel is below.

Rebillable Monthly Subscriptions
With a purchase of a Rebillable Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Honeycomber Club after the expiration date of your payment card or deactivation, cancellation, or closure of your other payment method(s).

Automatic Monthly Renewal Terms: Your subscription will be automatically renewed for successive monthly periods and your payment method will be automatically charged for each successive monthly period at the then-current subscription rate until you cancel your Rebillable Monthly Subscription renewal. If fees associated with the subscription change (for example, a credit card processing fee) Honeycomber Club will do its best to inform the customer of the fee change before the change takes effect; however, Honeycomber Club is not liable if notification of the fee change does not occur or occurs after the change takes effect.

Cancellation Policy for Monthly Rebillable Subscription Automatic Renewals: To cancel your automatically renewing Rebillable Monthly Subscription at any time, you may do any of the following:

  • Log into your account and follow the cancellation procedures. Please don’t hesitate to reach out to Honeycomber Club for assistance. 

  • Send us an email at admin@honeycomberclub.com, and we will cancel for you. 

  • Call us at (508) 444-0003, and we will cancel for you. 

If you cancel, you will not be rebilled during the next monthly billing cycle.

Rebillable Prepaid Subscriptions with Commitment Terms
With your purchase of a Rebillable Prepaid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for the applicable length of service (three, six, or twelve months) and a recurring Prepaid Subscription renewal fee at the then-current applicable Prepaid Subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Honeycomber Club after the expiration date of your payment card or deactivation, cancellation, or closure of your other payment method(s).

Automatic Renewal Terms: At the end of each Prepaid Subscription term, your subscription will be automatically extended for another term of the applicable length of service (three, six, or twelve months), and your payment method will automatically be charged the applicable Prepaid Subscription renewal fee at the then-current Prepaid Subscription rate until you cancel your Prepaid Subscription renewal.

Cancellation Policy for Prepaid Subscription Renewals: To cancel the renewal of your Prepaid Subscription, at any time after you were billed for the then-current term, you may do any of the following:

  • Log into your account and follow the cancellation procedures. Please don’t hesitate to reach out to Honeycomber Club for assistance. 

  • Send us an email at admin@honeycomberclub.com, and we will cancel for you. 

  • Call or text us at (508) 444-0003, and we will cancel for you. 

If you cancel your Prepaid Subscription renewal, you will not be rebilled when your then-current term ends.

Rebillable subscriptions with less frequent deliveries: Skip-Month and Quarterly Plans
With a purchase of a rebillable subscription with less frequent deliveries (Skip-Month Plan and Quarterly Plan), you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Honeycomber Club after the expiration date of your payment card or deactivation, cancellation, or closure of your other payment method(s).

Automatic Renewal Terms: Your subscription will be automatically renewed for successive delivery terms (every other month or every three months) and your payment method will be automatically charged for each successive delivery period at the then-current subscription rate until you cancel your less frequent delivery subscription renewal. If fees associated with the subscription change (for example, a credit card processing fee) Honeycomber Club will do its best to inform the customer of the fee change before the change takes effect; however, Honeycomber Club is not liable if notification of the fee change does not occur or occurs after the change takes effect.

Cancellation Policy for Less Frequent Delivery Rebillable Subscription Automatic Renewals: To cancel your automatically renewing Skip-Month or Quarterly Subscription Plan at any time, you may do any of the following:

  • Log into your account and follow the cancellation procedures. Please don’t hesitate to reach out to Honeycomber Club for assistance. 

  • Send us an email at admin@honeycomberclub.com, and we will cancel for you. 

  • Call or text us at (508) 444-0003, and we will cancel for you. 

If you cancel, you will not be rebilled during the next monthly billing cycle.

Prepaid Gift Subscriptions:
With a purchase of a Prepaid Gift Subscription, you agree and acknowledge that your subscription has an initial, pre-paid, total purchase price for the full, applicable length of service (three, six, or twelve months). By purchasing, you accept responsibility for the Prepaid Gift Subscription charge, including item price, taxes, and fees, to your supplied payment method, including, where applicable, any charges processed by Honeycomber Club after the expiration date of your payment card or deactivation, cancellation, or closure of your other payment method(s). You also agree that the supplied information for the gift recipient is accurate and truthful to the best of your knowledge. Further, by supplying this information and purchasing the Gift Subscription, you agree to and authorize Honeycomber Club to store and use the provided gift recipient information for order fulfillment, transactional, and marketing purposes.

Prepaid Gift Subscription Renewal Terms: Gift Subscriptions are NOT renewed after the then-current term expires.

Cancellation and Refund Policy for Prepaid Gift Subscription Renewals: Prepaid Gift Subscriptions can only be cancelled or refunded prior to the first monthly subscription items of the service being shipped to the gift recipient. Once the first of the Gift Subscription’s monthly items has been shipped, the Gift Subscription is non-refundable and non-cancellable for its full duration. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. 

Changes to the Price and Honeycomber Club Subscription Plans: We reserve the right to adjust pricing for our subscriptions or any items and components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Honeycomber Club Subscription Plan(s) will take effect following notice to you.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Honeycomber Club, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of Honeycomber Club, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by Honeycomber Club.

The Honeycomber Club name and logos are trademarks and service marks of Honeycomber Club (collectively the "Honeycomber Club Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Honeycomber Club. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Honeycomber Club’s Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Honeycomber Club’s Trademarks will inure to our exclusive benefit.

Honeycomber Club Credits: Honeycomber Club Credits are not redeemable for cash or cash equivalents, are non-transferable, and may not be applied toward prior purchases. If your account has been suspended (see “Termination” below), you will not be able to use Honeycomber Club Credits during the duration of your account suspension. Other restrictions may apply. We reserve the right to rescind, at any time, any credits that you may receive as a result of referral or other promotional programs, subject to reasonable notice to you.

Electronic Communications: When you use the Service or send emails and SMS to us, you are communicating with us electronically. We will communicate with you by e-mail, SMS, or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.

Third Party Material: Under no circumstances will Honeycomber Club be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that Honeycomber Club does not pre-screen content, but that Honeycomber Club and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Honeycomber Club and its designees shall have the right to remove any content that violates these Terms of Service or is deemed by Honeycomber Club, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the safety, accuracy, completeness, or usefulness of such content.

User Content Posted on the Site: You are solely responsible for the content you post or transmit on or through the Service (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to Honeycomber Club and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Honeycomber Club, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Honeycomber Club are non-confidential and Honeycomber Club shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Honeycomber Club may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Honeycomber Club, its users, and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Infringement Policy: Honeycomber Club respects the intellectual property of others, and we ask our users to do the same. Honeycomber Club will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information:

  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and

  • your name, address, telephone number, and email address.

If a counter-notice is received, Honeycomber Club will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

The above information should be sent to Honeycomber Club by submitting a support request at admin@honeycomberclub.com.. You may also contact us by mail at:

Honeycomber Club
62 Brookside Rd., Unit 1112
Westford, Massachusetts 01886 US

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Honeycomber Club has no control over such sites and resources and Honeycomber Club is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Honeycomber Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Honeycomber Club is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

YOU AGREE TO INDEMNIFY AND HOLD HONEYCOMBER CLUB (AS APPLICABLE), AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS, THE PRIVACY POLICY, OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Disclaimer of Warranties

YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE SITE, CONTENT, AND MERCHANDISE, IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HONEYCOMBER CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

HONEYCOMBER CLUB MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY AND SAFETY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Disclaimer of Product Information

HONEYCOMBER CLUB DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, ALLERGEN, AND OTHER PRODUCT INFORMATION ON THE SERVICE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS, AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT REPLY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS’ MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

Disclaimer - No Professional Advice

Any information provided by Honeycomber Club regarding the products or otherwise (e.g. product descriptions or use recommendations) is for informational purposes only. You should not take any action based upon any information contained on the Service or Items. Information provided by Honeycomber Club is not meant to serve as a substitute for professional advice or the guidance of the supplier or manufacturer of the item. You should read and strictly follow the directions of professionals and the manufacturer.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HONEYCOMBER CLUB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HONEYCOMBER CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY, ILLNESS, OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL HONEYCOMBER CLUB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE PURCHASE PRICE OF THE ITEM OR SERVICE. 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

International Use

The Service is controlled and operated from within the United States. The Service is for use only for persons located in the United States. We make no representation that materials on the Service are appropriate or available for use outside the United States. If you choose to access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Honeycomber Club, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Honeycomber Club are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

c. Pre-Arbitration Dispute Resolution
Honeycomber Club is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by submitting a support request to admin@honeycomberclub.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Honeycomber Club, should be sent to 62 Brookside Rd., Unit 1112, Westford, Massachusetts 01886 US ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Honeycomber Club and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Honeycomber Club may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Honeycomber Club or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Honeycomber Club is entitled.

d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Honeycomber Club and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Honeycomber Club agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is USD $75,000 or less, at your request, Honeycomber Club will pay all Arbitration Fees. If the value of relief sought is more than USD $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Honeycomber Club will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Honeycomber Club will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Honeycomber Club agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Honeycomber Club written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Honeycomber Club, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Honeycomber CLub believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Honeycomber Club may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Honeycomber Club may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Honeycomber Club shall not be liable to you or any third-party for any termination of your access to the Service.

General

These Terms of Service constitute the entire agreement between you and Honeycomber Club and govern your use of the Service, superseding any prior agreements between you and Honeycomber Club with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims, you and Honeycomber Club agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Massachusetts. The failure of Honeycomber Club to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year (unless applicable law provides for a longer period) after such claim or cause of action arose or be forever barred. This electronic document and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing" and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Honeycomber Club, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service 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.

Questions? Concerns? Suggestions?

Please submit a support request to admin@honeycomberclub.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.