Terms & Conditions
July 24, 2020
Here are some important items in this document:
- My Local Bee, LLC. and/or its affiliates ("MLB") provide website features and other products and services to you when you visit or shop at www.MyLocalBee.com, or use My Local Bee applications for mobile, or use the software provided by My Local Bee in connection with any of the foregoing (collectively, "My Local Bee Services").
- As of this date, all sales are through local businesses that set up and maintain their stores on the My Local Bee e-commerce technology platform.
- If you purchase any of the products or services offered by these local businesses or individuals, you are purchasing directly from those third parties, and not from My Local Bee.
- MLB is not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals including the content they create in their stores.
- My Local Bee does not assume any responsibility or liability for the actions, product, and content of any third parties using the MLB site. You should carefully review their privacy statements, return policies, guarantees, and other conditions of use.
By using My Local Bee Services, you agree to the following conditions. Please read them carefully.
ELECTRONIC COMMUNICATIONS. When you use My Local Bee Services or send e-mails, text messages, and other communications from your desktop or mobile device to us or the third-party using our site, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other My Local Bee Services, such as our Message Center or in your personal account, and you can retain copies of these communications for your records. 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.
COPYRIGHT. All content included in or made available through any My Local Bee Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of My Local Bee or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any My Local Bee Service is the exclusive property of My Local Bee and protected by the U.S. and international copyright laws.
TRADEMARKS. In addition to graphics, logos, page headers, button icons, scripts, and service names included in or made available through any My Local Bee Service are trademarks of My Local Bee in the U.S. and other countries. My Local Bee's trademarks may not be used in connection with any product or service that is not My Local Bee's, in any manner that is likely to confuse customers, or in any manner that disparages or discredits My Local Bee. All other trademarks not owned by My Local Bee that appear in any My Local Bee Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by My Local Bee.
LICENSE AND ACCESS. Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, My Local Bee or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the My Local Bee Services.
This license does not include any resale or commercial use of any My Local Bee Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any My Local Bee Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by My Local Bee or its licensors, suppliers, publishers, rights-holders, or other content providers. No My Local Bee Service, nor any part of any My Local Bee Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of My Local Bee. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of My Local Bee without express written consent. You may not use any meta tags or any other "hidden text" utilizing My Local Bee's name or trademarks without the express written consent of My Local Bee. You may not misuse the My Local Bee Services. You may use the My Local Bee Services only as permitted by law. The licenses granted by My Local Bee terminate if you do not comply with these Terms and Conditions.
YOUR ACCOUNT. You will need your own My Local Bee account to use certain My Local Bee Services, and you be required to be logged in to the account. When you purchase you will provide a valid payment method to complete your purchase. MLB does not store your credit card information. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
YOUR CONFIDENTIAL ACCOUNT. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
UNDER EIGHTEEN. My Local Bee does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the My Local Bee Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their My Local Bee Household. Alcohol listings on My Local Bee are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. My Local Bee reserves the right to refuse service, terminate accounts, terminate your rights to use My Local Bee Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. Where applicable you may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. My Local Bee reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or material, and unless we indicate otherwise, you grant My Local Bee a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant My Local Bee and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify My Local Bee for all claims resulting from content you supply. My Local Bee has the right but not the obligation to monitor and edit or remove any activity or content. My Local Bee takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS. My Local Bee respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please send a letter to:
My Local Bee, LLC.
Attn: Legal Department – Intellectual Property Complaint
68 White Street, #7
Red Bank, NJ. 07701
RISK OF LOSS. All purchases of physical items from My Local Bee website are made from each of the local businesses using our technology platform, therefore, all shipping is handled by you and the vendor from whom you have made a purchase. This means that the risk of loss and title for such items pass to you upon to the carrier selected by you to deliver your product, once that product has been picked up from the local business from whom you have made a purchase.
RETURNS, REFUNDS, AND TITLE. All refunds must be done directly by the vendor from whom you purchased a product or service. Please contact that vendor directly by going to the My Local Bee website, www.mylocalbee.com and find the store of that vendor and use the applications you will find there to communicate directly with the vendor and review that store’s refund and return policies.
PRODUCT DESCRIPTIONS. My Local Bee depends on its vendors to create product descriptions. We, in our Vendor Terms & Conditions, highly encourages all vendors to be as accurate as possible in all their content. However, My Local Bee does not warrant that product descriptions or other content of any My Local Bee Service are accurate, complete, reliable, current, or error-free.
PRICING. All pricing, including but not limited to “list price,” “discount price,” and “savings,” is the direct responsibility of each vendor. We do not check vendor List Prices against prices recently found on My Local Bee and other retailers. Certain products may have a "Was Price" displayed, which is determined using the recent price history of the product on My Local Bee.
Concerning items sold on My Local Bee, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of any discrepancy, you will need to contact the vendor directly.
CONFIDENTIALITY. You may not issue any press release or make any public statement or post any content online related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission or misrepresent or embellish the relationship between us in any way. or in any manner that disparages or discredits MLB
APP PERMISSIONS. When you use apps created by My Local Bee, such as the My Local Bee App, you grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
PRODUCTS & SERVICES SOLD ON MLB. My Local Bee is a technology platform and it does not operate stores, provide services or software, or sell product lines. All sales are through local businesses that set up and maintain their stores. If you purchase any of the products or services offered by these local businesses or individuals, you are purchasing directly from those third parties, not from My Local Bee. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). My Local Bee does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MY LOCAL BEE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MY LOCAL BEE SERVICES ARE PROVIDED BY MY LOCAL BEE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MY LOCAL BEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MY LOCAL BEE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MY LOCAL BEE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MY LOCAL BEE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MY LOCAL BEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MY LOCAL BEE DOES NOT WARRANT THAT THE MY LOCAL BEE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MY LOCAL BEE SERVICES, MY LOCAL BEE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MY LOCAL BEE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MY LOCAL BEE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MY LOCAL BEE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MY LOCAL BEE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES. Any dispute or claim relating in any way to your use of any My Local Bee website, or between you and the local business from whom you have made your purchase is to be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
My Local Bee, LLC.
Attn: Legal Department – Arbitration Request
68 White Street, #7
Red Bank, NJ. 07701
In your letter detail the dispute and with whom the dispute is with. For example, if a vendor on our site has failed to provide merchandise returns, responded to a defective product claim, etc., My Local Bee will before helping you move forward with the arbitration will contact the vendor directly and research the dispute. It is our goal to have our vendors resolve all non-frivolous disputes in a fair and direct manner.
Once our research is complete, we will send you a letter and provide you a list of our findings. If we have found that your dispute is not frivolous then the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will not reimburse those fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed to location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and vendor on the MLB website waive any right to a jury trial.
If your dispute is with My Local Bee, LLC., we will follow the same procedure.
APPLICABLE LAW. By using any My Local Bee Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and My Local Bee.
SITE POLICIES, MODIFICATION, AND SEVERABILITY. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL MY LOCAL BEE SOFTWARE TERMS. The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with My Local Bee Services (the "My Local Bee Software").
- Use of the My Local Bee Software. You may use My Local Bee Software solely for purposes of enabling you to use the My Local Bee Services as provided by My Local Bee, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the My Local Bee Software into other programs or compile any portion of it in combination with other programs, or otherwise, copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the My Local Bee Software in whole or in part. All software used in any My Local Bee Service is the property of My Local Bee or its software suppliers and is protected by the United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the My Local Bee Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the My Local Bee Software at any time and without notice to you.
- Conflicts. In the event of any conflict between these Conditions of Use and any other My Local Bee or third-party terms applicable to any portion of My Local Bee Software, such as open-source license terms, such other terms will control as to that portion of the My Local Bee Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed by one of the vendors on MLB, please send a letter to our legal department. In your letter please identify what vender, a screenshot of infringement, and type of intellectual property infringement you are claiming: copyright, trademark, or patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
You may submit written claims of copyright infringement to our Copyright Agent at:
My Local Bee, LLC.
Attn: Legal Department – Intellectual Property
68 WHITE ST #7
RED BANK, NJ 07701
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the site
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.