Beanstalk Foundation

What's right with Colorado is right next door.

Terms of Use

Effective Date: August 14, 2010
Last Revised: April 2, 2012
  1. Acceptance of Terms.  Thank you for joining Beanstalk Foundation's ("Beanstalk's") online social philanthropy and networking community (the “Community”) designed to connect you and other Leaders, Friends and community members (upon enrollment in the Community, collectively “Members” and individually, each a “Member”).  Please read these terms of use (“Terms of Use”) carefully, as they constitute a binding, legally enforceable agreement between you and us governing your access to and use of the Community, which includes any software related to the Community (the “Software”).  Access to and membership in the Community is conditioned upon your acceptance, without modification, of these Terms of Use. BY ACCESSING, BROWSING, OR OTHERWISE USING THE Community via the website located at www.BeanstalkFoundation.org (the “Website”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO (A) THESE community TERMS OF USE; (B) the terms and conditions of the Privacy Policy available at www.beanstalkfoundation.org/privacy; and (C) the terms and conditions of the general terms of use governing access to the website available at www.beanstalkfoundation.org/terms. All such terms are incorporated herein by reference. 
     
  2. Member Registration.  In order to use certain features of the Website, including the Community, and to post any comment, opinion, information or other content, such as images or other data, you may first have to create an account (“Member Account”). To create your Member Account, you may have to provide true, accurate, current and specific registration information, including your e-mail address, username, password, first name, last name, physical address and categories of your philanthropic interests (collectively, the “Registration Data”) and you agree to update the Registration Data to keep it current and maintain a valid email address at all times. We may use your e-mail address to send you reminders of upcoming Community activities or other items that we think would be of interest to you.  You can stop receiving e-mail correspondence at any time by either: (a) contacting Beanstalk by phone, email, or regular mail and informating Beanstalking that you no longer wish to receive our emails, or (b) using the opt-out link contained at the bottom of all email messages we will send to you. For more information on how we may use your Registration Data, please carefully read our Privacy Policy available at www.beanstalkfoundation.org/privacy. As part of the registration process, you may be required to select a username and password for your Member Account. If so required, you may not (i) select or use the name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that we, in our sole discretion, deem inappropriate or offensive.
     
  3. Member Account, Password, and Security.  If you are required to establish a Member Account, you must maintain the confidentiality of your user name and password.  You are solely responsible for any and all use of your Member Account, whether by you or any people using your Member Account. You agree to immediately notify Beanstalk of any unauthorized use of your Member Account (including your user name and password) or any other breach of security.  Although Beanstalk will not be liable for your losses caused by any unauthorized use of your Member Account (including your user name and password), you may be liable for the losses of Beanstalk or others due to such unauthorized use. Beanstalk is not responsible for and you waive any obligation of Beanstalk in connection with: the verification or authentication of the identity of any Member who accesses the Service or any misuse of your Registration Data, including any claims of identity theft. You may not access another Member’s Member Account without permission or disclosing your password to any third party or permitting any third party to access your account.
     
  4. License; General Prohibitions Regarding Your Use of the Service.  Beanstalk grants you a personal, limited, non-transferable and non-exclusive right and license to use the Community, Website, and Software. Your right to use the Community, Website, and Software is personal to you and you are expressly prohibited from copying, altering, modifying, or distributing the Community, Website, and Software, in whole or in part, unless your first obtain Beanstalk’s express written authorization.  You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Community, Website, or Software in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  Notwithstanding the foregoing, Beanstalk grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Beanstalk reserves the right to revoke these exceptions either generally or in specific cases.  You will not use the Community, Website, or Software, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use, for any type of solicitation whatsoever, whether commercial or not, or for any commercial purpose, including the collection or harvesting of any personally identifiable information, including Registration Data from the Community, Website, or Software or from Beanstalk’s systems, networks, or servers, nor to use the communication systems provided by the Community, Website, or Software for any purpose. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on the Service or the Software, in whole or in part, or any Content (as defined below) contained therein.  BEANSTALK MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY BEANSTALK MEMBER ACCOUNTS, USER NAMES, PASSWORDS, AND/OR ACCESS TO, OR FEATURES OR FUNCTIONS OF, THE COMMUNITY, WEBSITE, OR SOFTWARE, BEANSTALK CONTENT AND/OR MEMBER CONTENT AT ANY TIME AND WITHOUT PRIOR NOTICE.
     
  5. Term; Termination.  These Terms of Use, and any revisions to these Terms of Use, shall remain in full force and effect while you are a Member.  You may terminate your Member Account at any time, for any reason. You understand and agree that the termination of your Member Account is your sole right and remedy with respect to any dispute with Beanstalk arising out of, related to, or in connection with, either directly or indirectly, your use of the Website, Community or Software.  Beanstalk may terminate or suspend your Member Account at any time, for any or no reason, with or without prior notice or explanation, and without liability.  Even after a Member Account is terminated, this entire Agreement will remain in effect.  
     
  6. Privacy Policy.  All Registration Data and certain other information about you are subject to our Privacy Policy. You should review our Privacy Policy available at www.beanstalkfoundation.org/privacy, which is hereby incorporated into these Terms of Use, as the same may be amended from time to time.  Beanstalk disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.
     
  7. Member Content.  The Community may allow you to post information, send on-site private messages, provide feedback and comments, and otherwise interact with other Members, either through postings or by interacting in real-time.  As a condition of your being permitted to create a Member Account, you agree to abide by any and all rules that we publish in connection with the Community from time to time and at our sole discretion, including but not limited to, any prohibitions on use of the Community for any unlawful purpose and the Community Guidelines set forth below.  In compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) and Section 230 of the Communications Decency Act, Beanstalk reserves the right, but not the obligation, to conduct a limited review of all Member Content for the sole purpose of identifying and rejecting Member Content containing content which is in violation of the “Community Guidelines” set forth in Section 9 below. Beanstalk has no liability for any information, comment, remark or content made available in the Community by another Member.  You acknowledge that all information, data, text, opinions, photographs, graphics, messages, or other materials opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community (“Member Comment”)are the sole responsibility their respective authors who are solely liable as the publisher thereof.  If you post Member Content via the Website, you shall, and hereby do, agree and acknowledge that such Member Content resides on Beanstalk's systems, networks, or servers solely at your direction in accordance with restrictions imposed on us as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998.  This means that you, and not Beanstalk, are entirely responsible for all Member Content that you upload, post, transmit or otherwise make available via the Community, including any personally identifying information you post and for any logos or marks of any persons, entities and/or companies included in such Member Content. Beanstalk does not endorse, approve or otherwise assume any responsibility for any Member Content, including any advice or recommendation.  By using the Community, you may be exposed to Member Content that is offensive, indecent, harmful, inaccurate, deceptive, or objectionable.  Under no circumstances will Beanstalk be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, transmitted or otherwise made available via the Community. You agree that you must evaluate and bear all risks associated with the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content.  Please be aware that the Community is public and, as such, you acknowledge that you have no expectation of privacy with respect to any Comment you submit; if you post any personal information, you may receive unsolicited messages from other Members. Beanstalk reserves the right, but not the obligation, in its sole discretion, to refuse to post or remove any Member Content at any time for any reason.  When you post Member Content on the Service, your user name may be visible to other Members and attached to the Member Content that you posted.  Please be aware that if you post personal information online that is accessible to other Members, you may receive unsolicited messages from such Members.  You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use, copy, store, publish, display, and distribute any Member Content you post via the Website or Community or have the written consent, release, and permission of each and every identifiable individual person included in such Member Content to use their name or likeness. The functionality provided to you by Community and the Website is not an archive and Beanstalk shall have no liability to you or any other person for loss, damage, or destruction to your Member Content, Registration Data, or any other information submitted by you.  You are solely responsible for preventing any loss or damage to and (maintaining independent archival and backup copies of any Member Content you submit.
     
  8. License Grant to Member Content.  By submitting Member Content to the Community, you grant, to Beanstalk, its affiliates and its and their  and  successor’s and assigns, a worldwide, exclusive, royalty-free, sublicenseable, perpetual and transferable license to use, host, reproduce, distribute, combine with information provided by third-parties, prepare derivative works of, display, and perform the Member Content, alone, or as a part of other works, in any form, media, or technology, whether now known or hereafter developed, including, without limitation, (a) the right to modify, publish, prepare derivative works from, and publicly display the Member Content, alone or as part of any other work, in any form, media, or technology, whether now known or hereafter developed, and (b) the exclusive right to license or otherwise transfer any or all such rights to any other party.  Beanstalk may use any Member Content or license such Member Content to others for any purpose, including, without limitation, for reproduction, disclosure, transmission, publication, broadcast and posting. No compensation will be paid or due you with respect to such use of the Member Content.
     
  9. Community Guidelines.  In addition to any other rules or restrictions which we may impose at any time in our sole discretion, you may not post, upload, transmit or otherwise make available via the Community, any Member Content that:

    (a)   is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

    (b)   solicits personal information from anyone;

    (c)   publicly posts private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers information, or that otherwise poses or creates a privacy or security risk to any person;

    (d)   constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    (e)   constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

    (f)    constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spimming,” “spamming,” or “pyramid schemes”;

    (g)   contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

    (h)   constitutes, furthers, promotes, or provides instructions for any criminal or illegal activity or enterprise, violates the rights of any party, or otherwise creates liability or violates any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone's privacy, or providing or creating computer viruses;

    (i)    solicits passwords or personal identifying information from other Members;

    (j)    involves commercial activities, political campaigning, and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;

    (k)   includes any information, photograph, or video of another person that you have posted without that person’s consent;

    (l)    is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;

    (m)  infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any third-party;

    (n)   you do not have a right to make available under any law or under contractual or fiduciary relationships; or

    (o)   contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

    (p)   that is unrelated to the topic of the Community; or

    (q)   that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying Community or the Website, or which may expose Beanstalk or its affiliates or its customers to any harm or liability of any type.

  10. Limitations on Use.  You shall not engage in any of the following activities in connection with your use of the Website, Community, or Software (collectively, the “Beanstalk Services”):
    1. criminal, illegal, or tortious activity;
    2. advertising, political campaigning, fundraising, or solicitation, of any kind; 
    3. circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures or technology that is part of or related to the Beanstalk Services;
    4. activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
    5. any automated use of the Beanstalk Services;
    6. damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party’s use and enjoyment of the Beanstalk Services;
    7. impersonating or attempting to impersonate another Member, person or entity;
    8.  using any information obtained from the Beanstalk Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;
    9. allow usage of the Beanstalk Services by others in such a way as to violate these Terms of Use;
    10. take any steps to interfere with or in any manner compromise any security measures employed by the Beanstalk Services;
    11. use the Beanstalk Services for fraudulent purposes;
    12. collect any information about other Members;
    13. sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Beanstalks Services, your Member Account, or your password to any third-party;
    14. engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information from the Service; or
    15. attempt to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Service or the Software, or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service or the Software.
       
  11. Intellectual Property Ownership.  Unless otherwise noted, the Software, all text, content and documents on the Website and Community, 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 Community, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website and Community, including Member Content submitted by other Members (the “Content”) 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
     
  12. Indemnification.  You hereby agree to indemnify, defend and hold harmless Beanstalk, and Beanstalk’s suppliers (including Content Suppliers), subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of: (a) your use of the Beanstalk Services; (b) your breach of any representations, warranties or covenants in these Terms of Use; (c) any Member Content posted or transmitted by you on or through the Beanstalk Services; (d) your acts and omissions; and (e) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. Beanstalk reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Beanstalk in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Beanstalk or any of Beanstalk’s suppliers (including Content Suppliers), affiliates, partners, subsidiaries and employees.
     
  13. Information for California Residents.  You may contact Beanstalk with complaints or to request additional information. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
     
  14. 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, 952 Logan St, Denver, CO 80203]; Phone: 303-592-4900; Facsimile: 303-592-4912; Attn: Copyright Agent. Beanstalk’s Copyright Agent for notification of claimed infringement can also be reached electronically at beanstalkfoundation@gmail.com. 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.
     
  15. 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.
     
  16. 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
     
  17. No Framing; Links; Third Party Sites.  Framing, in-line linking or other methods of association with the Community or Website are expressly prohibited without prior written approval from Beanstalk.
     
  18. 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 or by postings within your Member Account. 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.
     
  19. 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.
     
  20. Ability to Accept Terms of Use.  You affirm that you more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
     
  21. 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.
     
  22. 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.

By electing to make a donation to Beanstalk Foundation, you agree to be bound by the following terms and conditions of your gift. If you do not agree or cannot comply with any of the terms and conditions, do not proceed with a donation.

Terms of your gift:

Your donation is to Beanstalk Foundation (“Beanstalk”), an organization that has been recognized by the Internal Revenue Service (“IRS”) as an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code (the “Code), and a “public charity” under Section 509(a)(1) of the Code. Your donation is immediate and irrevocable. Accordingly, Beanstalk cannot refund your donation in the future. Your donation to Beanstalk may entitle you to certain income tax benefits, to the extent provided under the federal tax laws. Please consult with your own tax advisor regarding the exact nature of the benefits that are available to you.

If you make a contribution to a particular Project or Challenge, you are expressing your wish that Beanstalk use your donation to address a particular area of “Community Need”. Accordingly, Beanstalk will use your donation in a manner designed to address that Community Need, including but not limited to: (1) grants made to individuals or families who fit within the Community Need, lack financial resources, and qualify for financial assistance; (2) grants made to other Section 501(c)(3) tax-exempt organizations, where such organizations will use the grants to undertake activities designed to directly address the Community Need; or (3) grants made to additional organizations, where such organizations will be required to use such grants in a manner designed to directly address the Community Need. However, Beanstalk cannot guarantee that your donation will be used to benefit a particular family or individual, or used to assist any particular organization. In addition, Beanstalk retains exclusive legal control over your donation, and will have discretion to determine how your donation will be used to address the Community Need. If at any time Beanstalk determines in its sole discretion that the purpose of a particular Project or Challenge can or should no longer be accomplished, or that a particular Community Need has been sufficiently addressed through prior assistance or otherwise, Beanstalk reserves the right to use your donation to support other Projects, Challenges or Community Needs as may be determined by Beanstalk.

If you make a general donation to Beanstalk, your donation will be used by Beanstalk to fund its general operational expenses or to support charitable causes within the community (including but not limited to existing Beanstalk Projects and Challenges) , each as may be determined by Beanstalk in its sole discretion.


By clicking the "I Agree" button during the sign-up process for donations, the following additional terms  apply to those users who donate to a Project, Challenge or directly to Beanstalk Foundation on the Sites ("Donor").
Donor Representations
By becoming a Donor, you promise that:
1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
2. All information you provide to BSF is accurate
3. Any donation you make is legal in your jurisdiction.

Giving Cards:

1. Purchasers of Giving Cards, or the cardholder, may only designate future contributions (up to the value of the Giving Card) to those Projects that are currently recognized by the IRS as Section 501(c)(3) tax-exempt organizations.

2. The purchaser of the Giving Card acknowledges that by purchasing the Giving Card, he/she is making a donation to Beanstalk.  The purchaser (“Donor”) agrees that the Giving Card may only be used to support Beanstalk Projects that are Section 501(c)(3) tax-exempt organizations, public charities (“Eligible Projects”). 

3. In designating Beanstalk support to be given to [Specific Project], Cardholder hereby confirms that neither the cardholder nor the original purchaser, nor their family members can be an officer, director or member of the Board of Directors of the receiving 501(c)(3) organization.