Please read these Terms of Use carefully. By accessing or using the websites or other products or services (collectively, the “Services”) of Beanstack, Inc. (Beanstack,” "we," "our," or "us"), including the websites located at uniform resource locator www.beanstack.com and www.beanstack.org (collectively, the "Site"), the person accessing or using the Site or the Services ("you" or "your") agrees to be bound by these Terms of Use.
1. You Agree to These Terms by Using the Services
Your access to, and use of, the Site and Services is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Services, you accept, without limitation or qualification, these Terms of Use. Beanstack may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Services constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by Beanstack.
If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site and cease using the Services immediately.
2. Permitted Use of the Services
The information and materials on the Site are provided for general informational purposes. You may access and use the Services solely for the purpose of using and enjoying the benefits of the Services as provided by Beanstack and learning about and/or purchasing Beanstack or its services and products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content of the Services for any other purpose.
3. User Submitted Content
The Services may, from time to time offer interactive features that allow users to submit content to the Services. Beanstack does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Services, Beanstack is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Beanstack reserves the right to block or remove communications or materials that it determines to be unacceptable to Beanstack in its sole discretion.
Harassment in any manner or form on the Site or the Services, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Beanstack employee, host, or representative, as well as other members or visitors on the Site or users of the Services is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
4. Notice: Electronic Communications
When you visit this Site, use the Services or send e-mails to Beanstack, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Privacy
Beanstack's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Services by electronic mail or otherwise will be used by Beanstack in accordance with the Privacy Policy. Any other communication or material you transmit to the Services, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
6. Typographical Errors
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Beanstack reserves the right to refuse or cancel any orders placed for product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, Beanstack shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.
7. Disclaimer - Warranty
THE SERVICES, THE CONTENT, MATERIALS AND PRODUCTS ON THE SITE AND SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Beanstack HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Beanstack does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that the defects will be corrected, or that the Services or the server that makes the Services available are free of viruses or other harmful components. Beanstack does not make any warrantees or representations regarding the use of the materials in the Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Beanstack does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless Beanstack, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or Services using your Internet account.
9. Limitations and Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER Beanstack, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THEIR CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Third-Party Services
In an attempt to provide increased value to our visitors, Beanstack may link to or provide Services integrated with sites or services operated by third parties (collectively, “Third Party Services”). However, even if the third party is affiliated with Beanstack, Beanstack has no control over these Third Party Services, all of which may have separate privacy and data collection practices, independent of Beanstack. These Third Party Services are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Beanstack specifically disclaims any responsibility if such Third Party Services: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
Beanstack does not endorse the content, or any products or services available, on such Third Party Services. Nonetheless, Beanstack seeks to protect the integrity of its Services and therefore requests any feedback on not only its own Services, but for Third Party Services it links to or integrates with as well (including if a specific link or integration does not work).
11. Trademarks
The following trademarks are our property: Beanstack name and logo and Beanstack name and logo. These marks may not be used without our consent on any product or service, except our own.
12. Copyright
Copyright © 2018, Beanstack, Inc. ALL RIGHTS RESERVED.
All content included on the Site and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Beanstack or its content suppliers and protected by United States and international copyright laws. The compilation of all content in the Services is the exclusive property of Beanstack and protected by United States and international copyright laws. All software used in the Services is the property of Beanstack or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site or the Services.
13. Copyright Complaints
Beanstack respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at contact@beanstack.com
14. Export Control
Software and other materials downloaded or otherwise made available from the Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Beanstack does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction
These Terms of Use and your use of the Services are governed by the laws of the State of Delaware, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of Delaware will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Services or in which these Terms of Use and/or the Services are a material fact.
16. Assignment
Beanstack may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
17. Questions and Feedback
We welcome your questions, comments, and concerns about the Services. Please send us any and all feedback pertaining to the Services to contact@beanstack.com.