PRIVACY POLICY

This legal document discloses how we collect and protect your personal data.

Welcome!

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

 

When do we collect information?
We collect information from you when you place an order, subscribe to a newsletter, fill out a form or enter information on our site.

 

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.

  • To improve our website in order to better serve you.

  • To quickly process your transactions.

  • To send periodic emails regarding your order or other products and services.

 

How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third party links
We do not include or offer third party products or services on our website.

Google
Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

 

We have implemented the following:

  • Demographics and Interests Reporting

 

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

 

Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.


For California Residents: 
California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/


According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’, and can be easily found on the page specified above.

 

Users will be notified of any privacy policy changes:

  • On our Privacy Policy Page

 

Users are able to change their personal information:

  • By emailing us

  • By logging in to their account


COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. Hive Five does not specifically market to children under 13.

 

Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

 

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

 

We will notify the users via email

  • Within 7 business days

 

We will notify the users via in site notification

  • Within 7 business days

 

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

 

CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.

  • Process orders and to send information and updates pertaining to orders.

  • We may also send you additional information related to your product and/or service.

  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

 

To be in accordance with CANSPAM we agree to the following:

  • To not use false, or misleading subjects or email addresses.

  • Identify the message as an advertisement in some reasonable way.

  • Include the physical address of our business or site headquarters.

  • Monitor third party email marketing services for compliance, if one is used.

  • Honor opt-out/unsubscribe requests quickly.

  • Allow users to unsubscribe by using the link at the bottom of each email.

 

If at any time you would like to unsubscribe from receiving future emails, you can unsubscribe by following the instructions at the bottom of each email and we will promptly remove you from all correspondence.

 

Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below:
Hive Five LLC
Attn: Max Akulin
707 Saulnier St. #1218
Houston, TX 77019
max@hivefivewellness.com

CANCELLATION POLICY

These simple steps are how I process cancellations.

Welcome! 

All sales are final as I do not currently provide refunds for purchased plans.  As you'll see in #2 below, if you purchase a plan and cancel it, I will continue to grant you access through the end of your billing period, after which no more payments will be processed.

I know it happens, but it's unfortunate when it does.  If you have to cancel your membership at any time, please consider the following:


1) Get in touch with me.  I'd love to talk about what's going on to make you consider canceling your membership.

 

2) If you have to, I understand, I will manually cancel your plan within 24 hours and you will receive a notification.  You will be granted continued access through the end of your billing cycle and no further payments will be processed.

 

3) If for some reason you cannot get in touch with me due to me falling ill or some other emergency, you are able to cancel your plan in two other ways through either of your payment portals: PayPal or Other Institution.

If you are still going to cancel your membership, well, I am very sorry to see you go.  

It was nice to have you as a member of The Hive while you were here. 

Know that you are welcome back anytime - just pick the membership or service which best suits your needs. 

If you are unsure of what that may be, let's get on a call and chat to see what we uncover.

DISCLAIMER

These are the legally binding limitations for using Hive Five's website

Disclaimer

 

The website https://www.hivefivewellness.com/ (hereinafter referred to as “Website”) are owned and operated by Hive Five LLC, a Texas Limited Liability Corporation (hereinafter “we” “us” “our” “Hive Five”). Please read the following Disclaimer before using our Website – by visiting and using Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read this Disclaimer to the point that you feel you understand the terms outlined herein, and agree to be bound by them.

 

1. Website Use

 

A. To access or use Website, you must be 18 years or older and have the required mental capacity to enter into and abide by this Disclaimer. By using Website, you represent that you are at least 18 years of age, and that you agree to the Disclaimer herein. Use of Website by anyone under 18 is not authorized or condoned by us.

 

B. This Disclaimer may be subject to changes or updates, and Website may or may not provide notice of such changes or updates. We reserve our right to make changes or updates at any time, and the burden is on the user to routinely check Disclaimer for updates. By continuing to use Website and the content we produce, you agree to be bound by the most updated version of the Disclaimer, whether or not you have read it. If you are not in agreement with the Disclaimer as is, please do not use our Website or any of the content that appears thereon.

2. Purpose

 

A. The purpose of Website is solely to provide educational and general information about health, wellness, exercise, and mindset, to share the author and select contributing writer’s personal opinions and experiences, and to provide information on our products and services available for purchase. Any content on this website or provided as a result of your decision to opt-in to our email list has been created solely for the purpose of education and for informational purposes only, and is not intended as personalized advice. Should you elect to act on the information you read, or purchase a product or service from us, you acknowledge and understand you are making an independent decision that the information is right for you. By visiting Website, you agree and understand that this content is made available to you as a self-help tool only. Nothing on this website or distributed via email is intended to take the place of a consultation with a licensed therapist, physician, dietician, nutritionist, counselor, or medical professional of any kind.

 

3. Medical Disclaimer – Not Medical or Professional Advice

 

A.The content on Website is not to be considered medical advice for any reason, and nothing herein is intended to provide or act as a substitute for mental or physical health treatment. You merely reading information on Website does not make you a client of Hive Five, and we are not attempting nor suggesting you follow the content on Website instead of or in place of a personalized consultation with a relevant professional who knows your specific situation. The information contained on Website, written and sent out via email, or made available through our products, programs, and services is not intended to be a substitute for personalized coaching, medical advice or therapy/counseling, nor is anything contained herein designed to provide you with a medical diagnosis, treatment, or other medical services. By visiting this site you understand and agree this website is not providing any medical advice, is not providing any counseling or therapy services, is not a substitute to you seeking personalized therapy for yourself or someone else, nor is it attempting to diagnose or treat any mental or physical medical conditions.

 

B. We encourage you to consult your physician and/or a licensed therapist if you suspect you may benefit from such services. We will assume that all individuals choosing to consume or implement any information found on Website will have previously obtained clearance and permission from their applicable personal medical physician or therapist, and has concluded that coaching information may be useful or right for them. We also encourage you to use common sense in determining whether any such content is right for you or your child, and trust that you will discuss with a personal medical professional prior to following any such information. Nothing contained on Website is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

4. Voluntary Participation

 

A. By choosing to visit this site and read the information provided, you understand and agree that you are voluntarily choosing to read, implement and/or participate in the use of Website and any information contained herein, and are solely responsible for any outcomes or results (positive or negative.) We cannot be responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any injuries or negative ramifications. The information contained on Website is intended as general information only; we cannot know your individual medical or physical state, and do not claim to know what may or may not work for you. As such, you agree that you are fully responsible for your health and well-being, and any decisions you make to implement or follow anything you find on Website.

5. No Guarantees

 

A. The purpose of Website and the content herein is designed to provide you with useful information, and to support and assist you in reaching the goals you desire. However, individual success depends on your own physical, mental, and emotional state, as well as your dedication, effort, and commitment. While we make every effort to help our clients, we cannot predict results, nor are we able to know your personal situation; therefore, We cannot guarantee that you will attain certain results. You agree and understand that we do not make any guarantees regarding any specific results from using information found on Website, and that any success will come in large part to your own personal situation and dedication.

 

B. Earnings Disclaimer: We also do not make any guarantees or assurances regarding a particular financial outcome based on use of Website, nor are we responsible for Your earnings, any increase or decrease in your finances based upon information you interpreted from Website. Any information or testimonials contained herein that contain financial information are individual results that may vary. The decision to use or implement any information contained on Website is solely your own, and you agree we are not responsible for any financial outcomes.

 

6. Limitation of Liability

 

A. You understand and agree that your participation in using our website and/or adding yourself to our email list is wholly voluntary, and you are solely and personally responsible for your actions, choices, and any results therein. You understand there are sometimes unknown risks and circumstances that may arise during or following use of our Website or products, that cannot be foreseen or anticipated, but may influence or affect your business or you as an individual. You understand and agree that any suggestion or recommendation of a product, service, coach, or otherwise through our Website is purely information – any decision to act upon these suggestions is to be taken by you, at your own risk, without any liability on the part of Hive Five. You agree to accept all risks herein.

 

B. Your use of this Website constitutes an agreement and acceptance that you will absolve Hive Five as well anyone acting as an agent, consultant, affiliate, guest blogger, joint venture partner, employee, staff, team member, or anyone affiliated with the company in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.

7. Indemnification

 

A. You agree at all times to defend, fully indemnify and hold harmless Hive Five and any affiliates, agents, team members or other party associated with it from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should Hive Five be required to defend themselves in any action directly or indirectly involving you, or an action where Hive Five decides your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by Hive Five, free of charge.

 

B. We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.

 

C. Should you choose to utilize information offered on our website, whether free or for purchase, you understand that Hive Five is not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that Hive Five is not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by Hive Five, and you agree to release Hive Five from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.

8. Accuracy

 

A. Although we have spent considerable time and effort in creating the products and services on www.hivefivewellness.com and the content provided herein, you understand and acknowledge that we are not responsible nor liable for any errors, omissions, or liability as a result of any loss or damages incurred as a direct or indirect result of your use of Website content or our products. You also understand there may be inadvertent typographical errors or inaccuracies. By your use of this website, you acknowledge and understand this information, and agree you have chosen/will choose to utilize the Website and/or the products voluntarily. You agree that Hive Five is not responsible for the accuracy of our Website, or for any errors or omissions that may occur on the site or in our products.

 

B. Similarly, you understand your obligation to provide only authentic, accurate information to Hive Five, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.

9. Testimonials

 

A. Website may feature testimonials from clients from time to time, in order to provide readers with additional comments from others’ experiences with Website, The Hive Five offerings, and products or services offered. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee.

 

10. Affiliates and Endorsements

 

A. From time to time, we may choose to partner with, promote, become an affiliate of, or otherwise engage in a joint venture with another individual or company whom we feel aligns with our products or services. You understand that should an affiliate or joint venture program be featured on our Website, we may receive financial compensation or other payment as a result. Please note we will only feature or promote coaches, businesses, or products that we whole heartedly agree with and believe in, and genuinely believe will help our audience.

 

B. However, you understand and agree that you must use your own judgement with respect to determining whether any promotion of another product is right for you and your business. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgement that we respect or appreciate the business, person, or service. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase from a promoted product and become unsatisfied. You agree and understand we have no liability and you will hold us harmless should this occur.

 

C. Similarly, references to other coaches, information, events, services, products, opinions, or companies on our Website, blog, or emails is meant purely as a way to share information, not as an endorsement or suggestion that you purchase or use whatever is being mentioned. We are not responsible for any information, content, emails, products, programs, or services of any other person, business, or entity that may be referenced on our Website.

 

11. Warranties

 

A. You understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.

 

Your use of The website https://www.hivefivewellness.com/  constitutes full and complete acceptance and agreement to this Disclaimer. Please contact max@hivefivewellness.com with any questions or concerns.

TERMS & CONDITIONS

Please read these Terms & Conditions carefully, as they contain important information about your legal rights, remedies, and obligations as they relate to Hive Five LLC. By using this website, you are deemed to have read and agreed to the following Terms & Conditions.

COLLECTION OF INFORMATION

We collect personally identifiable information such as names, postal addresses, email addresses, and credit card information when it is voluntarily submitted by our clients. Your personally identifiable information is kept secure, and only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. We may use email addresses to send updates or newsletters regarding Hive Five. You may choose not to receive email of these types by following the opt-out instructions contained in such email. Hive Five reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications.

 

ACCOUNTS

To access some of the features on this website, you will need to create a Hive Five account. By creating an account, you certify that all information provided is complete and accurate. You are solely responsible for the activity that occurs on your account, and should protect your login and password. You must notify us immediately of any breach or unauthorized use of your account. Using another person’s account is not permitted.

 

CHILDREN/MINORS

Children under 13 years of age are not permitted to create online accounts, but may attend class with parental supervision, after studio approval. A minor waiver will need to be filled out at the studio before they participate. Children 13-18 years of age may create their own accounts online, but must still have parental supervision. Minors must be able to use the equipment safely in order to participate. 

ACCOUNT TERMINATION

We may terminate your access to your online account as well as your access to Hive Five’s classes and locations at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.

LIABILITY WAIVER

Classes at Hive Five may be strenuous and you agree that you are aware of the risks and hazards involved. Though Hive Five will take all reasonable steps to ensure a safe environment, you understand that Hive Five cannot ensure physical safety. Neither you, your heirs, assigns or legal representatives will sue or make a claim of any kind against Hive Five or its members for any personal injury caused by negligence or otherwise.

 

COVID-19

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By visiting Hive Five, you voluntarily assume all risks related to exposure to COVID-19.

TERMS OF USE

These are the legally binding limitations for your use of this website.

This agreement (hereinafter, the “Agreement”) between HiveFiveWellness.com, (hereinafter, “Hive Five”, “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the Hive Five or Hive Five sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by Hive Five.

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. HIVE FIVE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

 

1. Limited License; Use of Services.

This agreement (hereinafter, the “Agreement”) between Hive Five LLC, (hereinafter, “Hive Five”, “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the Hive Five or Hive Five sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by Hive Five.

 

2. Prohibited Activities.

In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:

a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;

b. access the Sites or Services by any means other than through the standard industry-accepted or Hive Five-provided interfaces;

c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;

d. impersonate any person or entity, including without limitation, a Hive Five official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

e. post or transmit any material that contains a virus or corrupted data;

f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

g. use of any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);

h. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

i. violate any applicable local, state, national or international law;

j. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

k. delete or revise any material posted by any other person or entity;

l. manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;

m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Hive Five product or Service if you are not expressly authorized by such party to do so; or

n. use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Hive Five’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Hive Five through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.

3. Site Minimum Age

You must be at least 13 years of age or older (“ЮSite Minimum Age“) to use this Site and this Site is designed and targeted to audiences residing in, and is governed by and operated in accordance with the laws of, the United States of America, its territories and possessions (“U.S.“), but certain features on this Site may be subject to heightened age and/or other eligibility requirements. For example, if this Site requires you to be at least 13 years of age, please be aware that certain areas on the Site may contain content for which you must be at least 20 years of age to access and view even if this Site’s age eligibility requirements are less than 20 years of age. If you are not yet the Site Minimum Age or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age or other required greater age for certain features, meet any other eligibility and residency requirements of the Site and agree to all of the terms and conditions of this Agreement.

4. Comments and Commenting.

Hive Five allows posting of comments on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the ability to post comments in the future. Hive Five or its designated agents may remove or alter any user-created content at any time for any reason. Information and content posted within these public forums may be provided by Hive Five staff, Hive Five’s outside contributors, or by users not connected with Hive Five, some of whom may employ anonymous user names. Hive Five expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of Hive Five or any of its subsidiaries or affiliates.

5. Monitoring.

Hive Five has no obligation whatsoever to monitor any of the content or postings on the comment section on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

 

6. Accounts, Passwords and Security.

If any of the Sites or Services require you to open an account, you must complete the registration process by providing Hive Five with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Hive Five which is untrue, inaccurate, not current or incomplete, Hive Five reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.

As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Hive Five immediately of any unauthorized use of your account or any other breach of security. Hive Five will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Hive Five or another party due to someone else using your account or password.

 

7. Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Hive Five infringe your copyright, you, or your agent may send to Hive Five a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Hive Five actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Hive Five a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

 

8. Limitation of Liability.

NEITHER HIVE FIVE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL HIVE FIVE’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.

 

9. Professional Advice Disclaimer.

THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

 

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

 

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND HIVE FIVE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

10. Indemnification.

You agree to indemnify, defend, and hold Hive Five and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Hive Five or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This Section 17 shall survive in the event this Agreement is terminated for any reason.

 

11. Jurisdictional Issues.

Hive Five makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Hive Five reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

 

12. Termination.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that HIVE FIVE, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 12 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

13. General Information.

This Agreement constitutes the entire agreement and understanding between you and Hive Five and governs your use of the Sites and the Services, superseding any prior agreements between you and Hive Five. This Agreement and the relationship between you and Hive Five shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You and Hive Five irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the city of Houston, in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Hive Five to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Hive Five of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

 

Copyright © 2021 Hive Five, LLC

 

The material on this web site is provided for educational purposes only, and is not to be used for medical advice, diagnosis or treatment. See additional information. Use of this site is subject to our terms of service.

TESTIMONIAL RELEASE

These are the legally binding agreements for submitting your testimonial.

This TESTIMONIAL RELEASE AGREEMENT dated as of [insert date here] 2021 (“Agreement”) between I,  [insert name], and Max Akulin (hereinafter called “Owner“), in connection with the Testimonial Statement and/or Inventory of Testimonial Materials, provided via email, text, Typeform or online form, provides the following:

 

Authorization and Release Information

 

I understand my testimonial as outlined in email, text, Typeform or online form (the “Testimonial“) and made on behalf of Owner may be used in connection with publicizing and promoting Owner’s services. I authorize Owner to use my name, brief biographical information, and the Testimonial as defined on this form.

 

I hereby irrevocably authorize Owner to copy, exhibit, publish or distribute the Testimonial for purposes of publicizing Owner’s programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites, and posted on social media platforms, including but not limited to Instagram, Facebook, and LinkedIn, or in any other distribution of media, including, but not limited to email marketing, marketing materials, and promotional content. I agree that I will make no monetary or other claim against Owner for the use of my Testimonial, nor will I seek compensation of any kind in the future. I agree that I willfully provided the Testimonial, Owner did not solicit this Testimonial from me, and Owner does not owe me compensation of any kind.

 

In addition, I waive any right to inspect or approve the finished product created by Owner, including written copy, wherein my likeness or my Testimonial appears.

 

I hereby hold harmless, indemnify, and release Owner from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

 

I have read the authorization and release information and give my consent for the use as indicated above.

COMMUNITY GUIDELINES

Please read these Community Guidelines carefully, as they contain important information about expectations as they relate to your participation in The 5 and any event with collaboration of The Phoenix. By enrolling in this workshop series, you are deemed to have read and agreed to the following Community Guidelines:

COMMUNITY STANDARDS
1. Sobriety
• Anyone with at least 48 hours of continuous sobriety is welcome to attend events.
• If you attend events on a regular basis, Phoenix requests that you make a commitment to recovery.
2. Physical and Emotional Safety
• Behavior or language that could be perceived as violent or threatening is unacceptable.
• Language or conduct that could be perceived as racist, sexist, homophobic, or otherwise inappropriate is not
tolerated.
• Hive Five and Phoenix are not dating clubs. Unwelcome advances, physical contact and/or sexually suggestive speech or actions are never acceptable.
• Tell an instructor if you have a physical limitation, injury, or condition that could affect your participation.
• Weapons are not allowed at Phoenix events.
• Let staff know immediately if you feel unsafe or have concerns.
3. Contribute to the Community
• Phoenix aims to foster a sense of community in a supportive, nurturing environment. At Phoenix events, everyone is
welcome. Members should be kind and courteous to one another at all times.
4. Tobacco and E-Cigarettes
• Use of tobacco of any kind (including e-cigarettes) is not permitted at or in the proximity of Phoenix events.
5. Families, Friends, and Supporters
• Family, friends, and supporters are expected to abide by all Phoenix standards.
• Children are welcome at designated Family Events. Please check the calendar as some events may have age
requirements.
• Parents/guardians are solely responsible for child supervision.
• Phoenix staff will report suspected child abuse. Behavior or language that could be perceived as threatening,
shaming, physically abusive, or neglectful are never acceptable.
6. Members are the Face of Phoenix
• When you attend Phoenix events and/or wear Phoenix attire in public, you help shift public perceptions about
recovery. Please be thoughtful, kind, and courteous to all.
7. Apparel
• Athletic attire must be appropriate for the physical activity in which you are participating.
• Shirts or tank tops must be worn and midriffs covered except when swimwear is required.
• Swimwear and shorts should provide full coverage and remain in place while allowing for movement during physical
activity.
8. Recovery
• Sobriety is a first step to a full and meaningful life. Members should use recovery strategies that suit their individual
needs.
• There is no one right way to recover.
• Phoenix staff and instructors are here to help you. Please approach us with any questions or concerns.
Failure to abide by these standards may result in termination of your enrollment. Final judgment on all

policy matters is at Phoenix staff/instructor’s sole discretion.