TERMS OF USE AGREEMENT
Agreement between User, Bean So Blessed, and beansoblessed.com
Welcome to beansoblessed.com. The beansoblessed.com website (the “Site”) is comprised of various web pages owned and operated by Bean So Blessed.
beansoblessed.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of beansoblessed.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
beansoblessed.com is a Blog Site.
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Privacy
Your use of beansoblessed.com is subject to Bean So Blessed’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting beansoblessed.com or sending emails to Bean So Blessed constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Bean So Blessed does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use beansoblessed.com only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
beansoblessed.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bean So Blessed, and Bean So Blessed is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bean So Blessed is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bean So Blessed of the site or any association with its operators.
Certain services made available via beansoblessed.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the beansoblessed.com domain, you hereby acknowledge and consent that Bean So Blessed may share such information and data with any third party with whom Bean So Blessed has a contractual relationship to provide the requested product, service or functionality on behalf of beansoblessed.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use beansoblessed.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bean So Blessed that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bean So Blessed or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bean So Blessed’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Bean So Blessed. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bean So Blessed, or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Bean So Blessed has no obligation to monitor the Communication Services. However, Bean So Blessed reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Bean So Blessed reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Bean So Blessed reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Bean So Blessed’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bean So Blessed does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, Bean So Blessed specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bean So Blessed spokespersons, and their views do not necessarily reflect those of Bean So Blessed.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to beansoblessed.com or Posted on Any Bean So Blessed Web Page
Bean So Blessed does not claim ownership of the materials you provide to beansoblessed.com (including feedback and suggestions) or post, upload, input, or submit to any Bean So Blessed Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Bean So Blessed, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Bean So Blessed is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Bean So Blessed’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated, and administered by Bean So Blessed from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Bean So Blessed Content accessed through beansoblessed.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless, Bean So Blessed, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bean So Blessed reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bean So Blessed in asserting any available defenses.
CONTENT IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
All downloads, articles, and resources provided on or by Bean So Blessed through the Website are solely provided for educational and informational purposes only. Nothing provided in and through the Website should be construed as legal, medical, financial, tax, or any other professional advice.
We reserve the right to change, modify, or remove the contents of the Site at our discretion without notice. We have no obligation to update any information on our Site.
We reserve the right to change prices and offer discounts on products at any time, and discounts will not be given retroactively, nor will we compensate for any change in pricing. Just as a store can put a product on sale the day after you purchase it, our site can offer a product at a lower price, a higher price, or at no cost without offering to compensate for purchases made prior to the change.
GOVERNING LAW
These Terms of Use and your access and use of Bean So Blessed are governed by and in accordance with the laws of the United States and the State of Missouri.
Binding Arbitration
If a dispute arises between You and Our Company and or Website, and if You and Us are unable to resolve the Dispute through informal negotiations, then the Dispute will be finally and exclusively resolved by binding arbitration. Any arbitration will take place in the State of Missouri only. You further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Bean So Blessed AND/OR ITS AGENTS AND/OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
Bean So Blessed AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Bean So BlessedAND/OR ITS AGENTS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Bean So Blessed AND/OR ITS AGENTS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE Bean So Blessed OR ANY OF ITS AGENTS AND/OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Bean So Blessed reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri, and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bean So Blessed as a result of this agreement or use of the Site. Bean So Blessed performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Bean So Blessed’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bean So Blessed with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bean So Blessed with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Bean So Blessed with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Bean So Blessed reserves the right, in its sole discretion, to change the Terms under which beansoblessed.com is offered. The most current version of the Terms will supersede all previous versions. Bean So Blessed encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Bean So Blessed welcomes your questions or comments regarding the Terms:
Michael and/or Susan Nelson
Bean So Blessed
1208 SW 16th Street
Blue Springs, MO. 64015
Email Address:
[email protected]
Effective as of September 17, 2022