Collection of Information
You provide certain information to Bee Healthy Cafe Franchising, LLC by entering it onto our site. Said information may include, but may not be limited to, your [or third party providing the information on your behalf] name, mailing address, e-mail address, telephone number and credit card information. Any information submitted to Bee Healthy Cafe Franchising, LLC may also be disclosed to a provider. Additionally, our systems may also automatically collect information from you that is not necessarily purposefully disclosed by you, including, but not limited to, your internet protocol (IP) address, cookies, operating system, web browser information and the internet search terms you used. By utilizing the website, you are agreeing to the processing and storage of your information on certain servers that may, or may not be, maintained by Bee Healthy Cafe Franchising, LLC.
Use of Information
We may use your information for many purposes in connection with this site, including, but not limited to: (i) rendering services from our website; (ii) giving the information to a provider; (iii) improving our marketing efforts; (iv) improving our website content; (v) analyzing the usage of our website; (vi) to contact you when necessary; (vii) payment processing; (viii) customer service; or (ix) fraud prevention. As such, your information may be given to others as necessary to effectuate the intended use of the website and for purposes relating to the website. We will not sell, share or rent any personal information about you to any outside third parties without your express written consent or as otherwise required by law/court order. Although the providers have made certain representations to Bee Healthy Cafe Franchising, LLC stating that they agree to maintain your personal information in accordance with local, state and federal laws, Bee Healthy Cafe Franchising, LLC cannot guarantee that (and Bee Healthy Cafe Franchising, LLC will not be responsible for) the providers will maintain your personal information in accordance with said laws. You must ensure that you are comfortable with sharing your personal information with each individual provider before disclosing your personal information to him or her.
User Name and Password
You will be responsible for any and all transactions that take place by a user who gains access to your account utilizing your user name and password. Bee Healthy Cafe Franchising, LLC will accept the instructions of any individual who claims to be authorized to direct changes to your account if that individual presents your username and password or provides other accurate account information acceptable to Bee Healthy Cafe Franchising, LLC, in its sole discretion. Bee Healthy Cafe Franchising, LLC will not be responsible for the actions of any individuals who wrongfully gain access to your personal information utilizing your username and password or who otherwise wrongfully gain access to your account. In the event you become aware of any unauthorized use of your account, you agree to notify Bee Healthy Cafe Franchising, LLC immediately.
No Guarantee of Non-Disclosure of Information
Although your privacy is very important to us, due to the existing legal and technical environment, we cannot ensure that your personal information will not be disclosed to third parties in ways not described in this Agreement. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to address or resolve inquiries or problems. This will not be done for commercial purposes or gain from Bee Healthy Cafe Franchising, LLC.
This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of Oklahoma in the United States of America, without giving effect to any principles of conflicts of law.
Bee Healthy Cafe Franchising, LLC’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Bee Healthy Cafe Franchising, LLC and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction venued in Oklahoma City, Oklahoma.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT: (i) NEITHER BEE HEALTHY CAFE FRANCHISING, LLC, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR AGENTS WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES, FOR LOSS OF DATA OR RELEASE OF ANY DATA TO THIRD PARTIES; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF DOCTOR AVAILABE, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) BEE HEALTHY CAFE FRANCHISING, LLC’S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM YOU UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.