Terms + Conditions

 
 

Effective Date: August 14, 2010

Last Revised: June 18, 2018

All content provided on this website is for informational purposes only. The owner of this website makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.

Intellectual Property Ownership.  Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website and Community, are owned by Beanstalk or used with permission or under license from a third party, including other Members, (collectively, “Content Suppliers”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between Beanstalk and you, all right, title and interest in and to the Beanstalk Services and any Content (excluding Member Content submitted by you) will remain the sole property of Beanstalk and/or the applicable Content Supplier.  You may not copy, use, or incorporate any Content, including any artwork, trademarks or logos, into any other work, including your own site, or use such Content in any other public or commercial manner.

If you wish to share our content, please contact us at webteam [at] beanstalkfoundation.org

Copyright Infringement.  If you believe that any Content infringes your intellectual property rights, please send Beanstalk’s Copyright Agent a notification of claimed infringement with the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.  Beanstalk’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Beanstalk Foundation, 1627 Vine Street, Denver, CO 80206]; Attn: Copyright Agent. Beanstalk’s Copyright Agent for notification of claimed infringement can also be reached electronically at webteam@beanstalkfoundation.org. For clarity, only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Beanstalk to be authorized to remove any Content, your notice must comply with all of the requirements of this Section.

  1. DISCLAIMER OF WARRANTIES.YOUR USE OF THE BEANSTALK SERVICES, AND ANY PORTION THEREOF, IS AT YOUR SOLE RISK. THE WEBSITE, COMMUNITY, AND SOFTWARE, AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH SUCH, ARE PROVIDED, “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Should applicable law not permit the foregoing exclusion of express or implied warranties, then BEANSTALK hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from BEANSTALK, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section.  BEANSTALK AND BEANSTALK’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT THE BEANSTALK SERVICES, OR ANY PORTION THEREOF: (i) WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iii) OR WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BEANSTALK SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
     
  2. LIMITATION OF LIABILITY.  IN NO EVENT WILL BEANSTALK OR ANY OF BEANSTALK’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the BEANSTALK SERVICES or arising out of any action taken in response to or as a result of any Content or other information available on OR VIA THE BEANSTALK SERVICES, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply, EVEN IF BEANSTALK OR ANY OF BEANSTALK’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you become dissatisfied in any way with the BEANSTALK SERVICES OR ANY PORTION THEREOF or THIS Terms of Use or OUR Privacy Policy, your sole and exclusive remedy is to stop your use of BEANSTALK SERVICES. You hereby waive any and all claims against BEANSTALK and its affiliates, agents, representatives and licensors arising out of your use of the Website.  Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then  BEANSTALK’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS OF USE EXCEED $100.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The BEANSTALK SERVICES would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose
     
  3. Notice.  From time to time, we may revise these Terms of Use.  To help you stay current of any changes, Beanstalk takes the following two steps: (a) we note the date these Terms of Use were last updated above and (b) when we make a change to these Terms of Use, we post notice of such changes on the homepage of this website for at least 30 days following the date the Terms of Use were updated. Your use of the Beanstalk Services following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. We strongly recommend checking the Terms of Use periodically. We may also, at our sole discretion and with no obligation to do so, provide notices and other communications to you by email. You will be solely responsible for keeping your email addresses updated and we will not be responsible for any undelivered notices caused by your failure to do so.
     
  4. Choice of Law; Venue; Trial by Jury.  By using the Community or the Website, you agree and acknowledge that the Website is hosted in and provided from the State of Colorado, U.S.A.  If you are attempting to access the Community or the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Community or the Website, you are transferring your personal information to the United States and you consent to (a) such transfer; (b) the exclusive jurisdiction of the courts of the State of Colorado; and  (c) the application of the laws of the State of Colorado, U.S.A., with respect to any dispute arising from or related to these Terms of Use and/or your use of the Beanstalk Services, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the State of Colorado.  Any claim or dispute between you and us that arises in whole or in part from your use of the Beanstalk Services, or in connection with these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in the State of Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (RISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE.
     
  5. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Us without restriction.
     
  6. General.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. A printed version of these Terms of Use and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Beanstalk may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You will not assign these Terms of Use, by operation of law or otherwise, without prior written approval of Beanstalk, and any such attempted assignment will be void. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. The failure of Beanstalk to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use sets forth the entire understanding and agreement between Beanstalk and you with respect to the Beanstalk Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Beanstalk with respect to the Beanstalk Services. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. No party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. These Terms of Use will not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that these Terms of Use may be entered into electronically, and without the necessity of written signatures.