Terms of Use

1. Acceptance of the terms of use
These terms of use are entered into by and between you and Bananas and Beehives. The following terms and conditions (“Terms of Use”) govern your access to and use of BananasandBeehives.com including any content, functionality, and services offered on or through BananasandBeehives.com (the “Website”), whether as a guest or a registered user.Please read these Terms of Use carefully before you start to use the website. By using the website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the website.

This website is offered and available to users who are 18 years of age or older. By using this website, you represent and warrant that you are of legal age to form a binding contract with Bananas + Beehives. If you do not meet all these requirements, you must not access or use the website.

2. Changes to the terms of use
We may revise and update these Terms of Use from time to time. When we do we will update the “Last Updated” line above. Unless we state otherwise in a notification to you, all changes will be effective when we post them and apply to all access to and use of the website thereafter. However, any changes to the dispute resolution provisions set out in Section 19 (Governing Law and Jurisdiction) will not apply to any disputes for which we have actual notice on or before the date the change is posted on the website. Your continued use of the website following the posting of changes means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Privacy
Unless we provide different terms at the time we ask for or collect your information, all information we collect on this website, including, but not limited to, information you provide to register through the website is subject to our Privacy Policy.

4. Accessing the website and account security
We reserve the right to withdraw or amend this website, and any service, content or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.To access some of the resources the website offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete.

If you choose, or are provided with, a username and password, you acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

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

5. Wholesale Members
You must be approved as wholesale member to receive any such wholesale prices, you will become subject to any such additional wholesale terms. Bananas + Beehives recommends that you read the applicable wholesale terms, which will be posted on our website or application, in addition to these Terms of Use, governs any information you submit in connection with any such wholesale pricing.

6. Intellectual Property Rights
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Bananas + Beehives, its licensors, or other providers of such material (collectively, “Content”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.Subject to your compliance with these Terms of Use, Bananas + Beehives permits you to make access and use of the website and its content for your personal, non-commercial use only. Without limitation, you must not access or use for any commercial purposes any part of the website or content.

Except as these Terms of Use or additional terms that may accompany certain content expressly permit, you must not:

Copy, reproduce, download, or store any content, except as may be expressly permitted in these
Terms of Use or by additional terms we may provide with certain content.
Modify, translate, adapt, or otherwise create derivative works of any content.
Distribute, disclose, sell, publish, transfer, publicly display, publicly perform, transmit, rent, lease, lend, sublicense, timeshare, or otherwise make available any content to any third party.
Reverse engineer, dissemble, decompile, decode or adapt, or otherwise attempt to derive or gain access to any source code on the website or any content; or
Remove, delete, alter, or obscure any copyright, trademark, or other intellectual property or proprietary rights notices of materials on the website or any content.

If we provide social media features with certain content, you may take such actions as are enabled by such features.
If you access or use the website or any content in breach of the Terms of Use, your right to use the website and content will stop immediately and you must, at our option, return or destroy any copies of the website and/or content you have made. No right, title, or interest in or to the website or any content is transferred to you, and all rights not expressly granted are reserved by Bananas + Beehives. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

7. Trademarks
The Bananas + Beehives name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bananas + Beehives or its affiliates or licensors. You must not use such marks without the prior written permission of Bananas + Beehives. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

8. Prohibited Uses
You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

Use the website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Use the website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Bananas + Beehives or users of the website, or expose them to liability
Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
Use any manual process to monitor or copy any of the material on the website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the website.

9. User Content
The website may allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on, through or in connection with the website. For example, we may provide you the opportunity to provide feedback directly to us or respond to a request, made by us or on our behalf, that you review products and services that you have purchased or have otherwise been made available to you so that we can, among other things, include your review on the website.

Any User Content you post or otherwise provide to us will be considered non-confidential and non-proprietary. By posting User Content on or through the website or otherwise providing any User Content to us, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
Your User Content will not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Your User Content will not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;
Your User Content will not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; and
All of your User Content will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Bananas + Beehives, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the website.

10. Monitoring and Enforcement; Termination
We have the right to:

Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for Bananas + Beehives.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
Terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BANANAS + BEEHIVES AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the website infringe your copyright, you may request removal of those materials (or access to them) from the website by submitting written notification to our Copyright Agent that is designated below. It is the policy of Bananas + Beehives to terminate the accounts of repeat infringers.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

12. Reliance on Information Posted
The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

This website may include content provided by third parties including our users. All statements and/or opinions expressed by these third parties, other than the content provided by Bananas + Beehives, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Bananas + Beehives. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Purchases and Other Terms and Conditions
All purchases through the website or other transactions for the sale of goods through the website, or resulting from visits made by you, are governed by the purchasing terms from the store location from which you are purchasing our goods, which are available from such store location, and which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the website or to specific promotions. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.

14. Third Party Sites and Services
The website may contain links to third-party sites and services or, in some cases, we may use third-party sites or services to post or otherwise make content available to you. Except for the limited content we may make available to you on or through such sites and services, we have no control over the content that may be provided by or through those sites and services. We accept no responsibility for these sites or services, their data collection and usage practices, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Geographic Restrictions
The owner of the website is based in the State of Georgia in the United States. We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANANAS + BEEHIVES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE
OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

17. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BANANAS + BEEHIVES, ITS AFFILIATES, ITS FRANCHISEES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU OR OBTAINED THROUGH OUR WEBSITE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL BANANAS + BEEHIVES, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS OF USE OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU TO BANANAS + BEEHIVES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (2) FIVE-HUNDRED DOLLARS ($500 U.S.).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification
You agree to defend, indemnify, and hold harmless Bananas and Beehives, its affiliates, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

19. Governing Law and Jurisdiction
All matters relating to the website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Severability
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Entire Agreement
The Terms of Use, our Privacy Policy, and all such additional terms and conditions incorporated herein by reference constitute the sole and entire agreement between you and Bananas + Beehives regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

22. Your Comments and Concerns
This Website is operated by Bananas + Beehives 1600 River Park Blvd STE 101 Woodstock, GA 30188.

All other feedback, comments, requests for technical support, and other communications relating to the website should be directed to our Contact Us page.

23. Who We Are
Our website address is: https://bananasandbeehives.com.

24. Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

25. Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

26. Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

27. Embedded Content from other Websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

28. Who We Share Your Data With
If you request a password reset, your IP address will be included in the reset email.

How Long We Retain Your Data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

30. What Rights You Have Over Your Data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

31. Where We Send Your Data
Visitor comments may be checked through an automated spam detection service.