Personal Details

Terms and Conditions

The Hive Membership Agreement

Last updated on June 1, 2023

Travel Hive, LLC d/b/a The Hive (“The Hive,” “we,” “us” and “our”) displays information about destinations around the world along with reviews and ratings on a variety of providers of travel and ancillary services throughout the world (collectively, “Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. The Hive operates a website and a mobile application where this information and these reviews and ratings are hosted. All products and services described herein, as well as any other products and services offered by The Hive at any time, are individually and collectively referred to as a “Service” and “Services,” respectively.

In order to use the Services, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by The Hive from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of The Hive-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1. THE HIVE SERVICE

The Hive displays general destination information, consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.

(a) The Hive Subscription

The Hive members have access to the platform when they register as a monthly paying subscriber.

You may log in to https://app.thehive.travel/auth/sign_in and check your Profile page to confirm these details.

The benefits of The Hive are available only while your subscription is active and your Hive account is in good standing. The Hive reserves the right to modify the subscription at any time and in its sole discretion.

2. REGISTRATION INFORMATION

As a condition of your use of the Service, you agree to: (a) provide The Hive with true, accurate, current and complete information as prompted by the The Hive’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.

3. MINIMUM AGE

You must be 18 years of age or older to use or register for Services.

4. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

5. PRIVACY POLICY

The Hive has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.

6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL

Membership Fee

The Hive will charge you a membership fee in order to provide the Service. Your membership fee is the amount you were charged for one term of your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services. You may check your account online or email hello@thehive.travel if you have any questions.

You acknowledge that The Hive reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card or debit card.

Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of paying through the mobile app through Stripe, you agree to provide The Hive accurate and complete information about you, and you authorize The Hive to share it and transaction information related to your use of the payment processing services provided by Stripe.

Automatic Renewal

The Hive will automatically renew your membership each month using the credit card, debit card or other payment information on file with The Hive. Such renewal payment will take place on or about your Renewal Date. Your Plan will continue, and your payment method will be charged, the Membership Fee until you cancel the Plan, which you may do at any time (see Canceling your Plan, below).

If the payment processing for the renewal of your Plan fails for any reason, we will attempt to process your renewal for a period up to thirty (30) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by The Hive). Except as otherwise required by applicable law, you agree that The Hive will not provide you with any notices prior to each annual renewal payment.

Update Billing Details or Cancel your Plan

You may update your billing details or cancel your subscription at any time by signing into your account, navigate to your personal profile page, and select Billing Info. There you can cancel your account or update your credit card details. If you wish to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to your Renewal Date.

Membership Fee Refund Policy:

When joining The Hive, a limited free trial period will be initiated. The monthly subscription will be charged automatically at the end of this free trial period. All monthly subscriptions are non-refundable once the payment has processed.

If The Hive terminates your account for any reason and you are not in breach of this Agreement, The Hive will refund your subscription on a pro rata basis from the date of such termination to the end of the then current term.

Members are not entitled to refunds of their Membership Fee under any other circumstances.

7. ACCOUNT SECURITY

When registering, you will set up a unique user ID and password to access The Hive. Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.

8. LIMITED LICENSE TO WEBSITE AND MAGAZINE

By agreeing to the terms and conditions of this Agreement, The Hive grants you a limited license to access and use the reviews and ratings offered by the Service for your business needs. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of The Hive.

9. SUBMISSIONS OF REVIEWS

In order for you to submit your own reviews and ratings on the Website, you acknowledge and agree that:

all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a service provider whereby you have the legal authority to disclose such information and experience of such individual;
all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings or if you are related in any way, this must be disclosed to the platform users.
Data and contextual details from a collection of ratings and reviews may be shared with service providers to provide them an opportunity to continue enhancing the services they provide; as part of the data and contextual details shared, neither your name nor the specific details provided in the review will be shared verbatim.
The Hive may redact, delete, or reject your reviews if they do not conform with The Hive’s publication criteria, which may change from time to time at The Hive’s sole discretion.

10. CONTENT LICENSE AND PROMOTION PLACEMENT

Although The Hive does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website, you automatically grant, and you represent and warrant that you have the right to grant, to The Hive an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing The Hive with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website.

11. PUBLICATION AND DISTRIBUTION OF CONTENT

The Hive does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that The Hive simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that The Hive does not control and is not responsible for Content or Service Provider Content made available through the Service and, that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.

You further acknowledge that The Hive has no obligation to screen, preview, monitor or approve any Content or Service Provider Content or Content posted or submitted by any other The Hive member or any Service Provider. However, The Hive reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will The Hive be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. you waive the right to bring or assert any claim against The Hive relating to Content or Service Provider Content, and release The Hive from any and all liability for or relating to any Content or Service Provider Content.

12. SERVICE PROVIDERS

The Hive does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider, The Hive is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve The Hive. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

You agree that The Hive is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against The Hive relating to any interactions or dealings with any Service Provider, and release The Hive from any and all liability for or relating to any interactions or dealings with Service Providers. In addition, you agree that The Hive may exclude Service Providers from displaying in search results on the The Hive Website for failing to meet particular standards defined by The Hive regarding Service Provider conduct and performance.

The Hive may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, THE HIVE DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).

13. YOUR CONDUCT

In connection with your use of the Service, you represent and warrant that you:

are above the age of eighteen (18);
are a travel advisor with your own personal accreditation (IATA/CLIA/ARC/etc) or you are a part of a larger organization (ie a host agency) which provides this accreditation.
are a travel advisor who solely works with clients or consumers to plan, book, and execute itineraries.The Hive is a platform solely to support travel advisors who work with clients or consumers; it is not a platform for suppliers who have travel advisors as clients.
will abide by the Code of Conduct detailed below
will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
will not submit any reviews that may be considered by The Hive to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
will not submit reviews that comment on other users or the reviews of other users;
will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with The Hive, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
will not take any action that would undermine the review and rating process under the Service;
will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
will not use the Service in any way that could interfere with the rights of The Hive or the rights of other users of the Service;
have sufficient rights in and to all Content that you provide, transmit or otherwise convey to The Hive in connection with the Service;
agree not to re-sell or assign your rights or obligations under this Agreement;
will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
will not access any Content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of The Hive, which consent may be withheld by The Hive in our discretion;
grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
agree not to create an account or use The Hive services if your account previously has been terminated by The Hive or if you previously have been banned from using the services; and
agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, The Hive personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.

The reviews and ratings that you provide do not reflect the views of The Hive, its officers, managers, owners, employees, agents, designees or other users. In addition, The Hive retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. The Hive may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, The Hive may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

THE HIVE CODE OF CONDUCT

The Hive is honored to connect travel professionals in a safe environment where collaboration and creativity can thrive, and we strive to provide the best experience possible. To that end, we require that all travel professionals and members of The Hive uphold our core values:

Be respectful

Respect each other and each other’s opinions and experiences. If there’s a conflict, respectfully work together to resolve it.

Be fair

As a travel professional, ensure that you’re providing detailed, quality feedback and guidance to other travel professionals. Be fair in giving ratings and reviews supplier partners have earned and deserve.

Be professional

Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.

Be collaborative

Collaborate and support one another. The Hive is a place for travel professionals to come together to support one another and to collaborate for the betterment of each individual travel advisor and the industry as a whole.

Be inclusive

Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. The Hive adheres to a strict zero-tolerance discrimination policy.

Be Discreet

Don’t share conversations, information, or details concerning a rating or review with anyone who is not a member of The Hive. Information, ratings, and reviews shared on The Hive by other travel professionals shall remain confidential and only accessible to other members of The Hive.

The Hive reserves the right to remove all users who fail to follow this code of conduct from our site and platform.

14. DISCLOSURE OF INFORMATION

As The Hive continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

15. TERM AND TERMINATION

The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Subscription. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.

The Hive may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If The Hive merely terminates your account for its convenience and you are not in breach of this Agreement, The Hive will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.

Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.

16. MODIFICATION OF TERMS AND CONDITIONS

The Hive will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website https://www.thehive.travel). You will receive notice if modifications to the Agreement are made. The Hive will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.

17. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

The Hive reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. you agree that The Hive will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. you agree that The Hive may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. you agree that The Hive has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. you agree that The Hive has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

18. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. The Hive is not responsible for any delays, failures or other damage resulting from such problems.

19. USER FEEDBACK

The Hive appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of The Hive. In addition, none of the Submissions will be subject to any obligations of confidentiality and The Hive will not be liable for any future use or disclosure of such Submissions.

20. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Travel Hive, LLC d/b/a The Hive, PO Box 133, Waukee, Iowa 50263. If you have any questions, concerns, or complaints regarding the Services, please contact Travel Hive, LLC by (i) emailing hello@thehive.travel; or (ii) sending a letter, first class certified mail, to Travel Hive, LLC d/b/a The Hive, PO Box 133, Waukee, Iowa 50263.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

21. COPYRIGHT MATERIALS

Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of The Hive and/or its licensors and are protected by all United States and international copyright laws.

22. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE HIVE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. THE HIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR THE HIVE COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

23. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE HIVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE HIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY THE HIVE OR THE FAILURE OF THE HIVE TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

TO THE EXTENT THE HIVE IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, THE HIVE’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE HIVE CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO THE HIVE THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR THE HIVE, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF THE HIVE TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY THE HIVE. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF THE HIVE TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY THE HIVE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT THE HIVE SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

24. INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Hive, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to The Hive or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. The Hive will have sole control of the defense of any such damage or claim.

25. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for The Hive to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of The Hive’s damages for the specified breaches of this Agreement:

If you post Content in violation of this Agreement, you agree to promptly pay The Hive One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.

If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement

If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.

Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by The Hive, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

26. NOTICE

You agree that The Hive may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to The Hive will be provided by sending a letter, first class certified mail, to Travel Hive, LLC d/b/a The Hive, PO Box 133, Waukee, Iowa 50263. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), The Hive will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Travel Hive, LLC d/b/a The Hive

PO Box 133

Waukee, Iowa 50263

Email: hello@thehive.travel

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Hive will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

27. ENTIRE AGREEMENT

This Agreement governs your use of the Service and constitutes the entire agreement between you and The Hive. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and The Hive regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to The Hive under this Agreement.

28. MUTUAL ARBITRATION AGREEMENT

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and The Hive, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and The Hive may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to The Hive. The Hive’s address for such notices is: Travel Hive, LLC d/b/a The Hive, PO Box 133, Waukee, Iowa 50263.
Arbitration. If a Dispute is not resolved through Informal Negotiations, you and The Hive agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, The Hive will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
Excluded Disputes. You and The Hive agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and The Hive agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
Severability. You and The Hive agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

29. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without giving effect to any choice or conflict of law provision or rule (either of the State of Iowa or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Iowa.

30. PROVISIONS REMAINING IN EFFECT

In the event your Plan with The Hive is terminated or lapses or you are no longer a user of The Hive, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 13, 15, 16, 18 and 25 through 32.

31. MISCELLANEOUS

This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of The Hive rights if The Hive fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and The Hive agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and The Hived as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.