Terms & Conditions

Welcome to BeanPool.com (the “Site”), which is owned and operated by Bean Pool, LLC (the “BeanPool”) and is being provided by BeanPool subject to your acceptance of the following terms and conditions of this agreement, its amendments and any documents expressly incorporated by reference (the “Agreement”). By accessing, selecting, using, becoming an advertiser, member, user, visitor or by downloading material from this Site, you expressly agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, then you should not use or access this Site. BeanPool reserves the right to modify and/or update this Agreement at any time without notice, effective immediately upon posting on the Site. This Agreement was last revised on April 9, 2006.

Permitted Use
You must be over the age of 18, accessing this Site from with in the USA and possess the capacity to enter into binding contracts to be authorized to use this Site. You are only authorized to visit, view, and retain a copy of pages of this Site for personal use, and you shall not reproduce, prepare derivatives, download, publish, copy, collect or distribute the material on this Site for any commercial use, or for any purpose other than as expressly described in this Agreement. The content on this Site is for informational purposes only and you agree to confirm any facts that are important to your decision, including but not limited to quality, price, safety, references, license, insurance and any other information important to your decision. You shall not, frame, in-line or deep-link, or incorporate the content of the Site for any purpose, unless specifically authorized by BeanPool. Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement. If you violate this Agreement, BeanPool may, in its sole discretion, terminate or suspend your use, remove or modify any account-related content (including, but not limited to, reviews, ratings, friends, groups, and other information), deny access to the Site, or take any other action that BeanPool believes is appropriate.

Privacy
BeanPool respects the privacy of those who visit our Site. Please take time to review our Privacy Policy.

Information
In order to take advantage of certain features on the Site or create an account and become a member (“Member”), you must register and voluntarily provide to BeanPool certain individually identifiable information, including but not limited to, name, address, zip code + extension, email address, and/or a key (such as elementary school); in addition, any comments, postings, ratings, reviews, recommendations, friend(s) information, group(s) information, business information, including any ideas, improvements, suggestions, postings, uploads, input, feedback, concepts, comments, services, know-how, techniques, software or other information a user or Member provides to us in connection with the use of the Site (collectively “Information”). You agree that any Information you provide shall not be or contain any of the following: any viruses or other computer programming routines that are intended to damage, detrimentally interfere with data or personal information; content that is illegal or violates any federal, state, or local law or regulation or the rights of any other person or entity; content that is not in English (or offers an English translation); creating liability for BeanPool or its suppliers; deceptive, deceitful, false, inaccurate, indecent or obscene, or misleading; disparaging remarks made in the context of commercial advertising or promotion; defamatory, trade libelous, unlawfully threatening or harassing, violate the privacy and/or publicity rights of another, or harm minors in any way; encrypted; infringing any third party's copyright, patent, trade secret, trademark or other intellectual property rights; offensive language, including harmful or abusive language, profanities, obscenities, or hate speech, or harassing, vulgar, or sexually explicit language; personal attacks; personal information other than as specified in the Site; ratings, reviews or recommendations that are clearly advertising or commercial in nature; references to illegal activity; or content that violates the standards of good taste or the standards of this Site, as determined by BeanPool in its sole discretion (Restricted Content). BeanPool reserves the right, but not the obligation, to refuse to post or to remove any content that contains Restricted Content. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, or when posting information. BeanPool reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. You are prohibited from posting any of the above Restricted Content, and providing such content, shall constitute a material breach of the Agreement.

Ownership of Information
By posting a rating, review, recommendation or other Information you hereby represent and warrant that it is truthful, does not consist of Restricted Content and is based upon an actual experience with the service provider being reviewed. You represent and warrant that you own or otherwise control all of the rights to the content you post and that the content is accurate. With respect to information or content you submit to the Site, collectively again Information, you hereby grant BeanPool an exclusive, world-wide, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, distribute, reproduce, modify, adapt, prepare derivatives, publish, translate, transmit, publicly perform, publicly display, market, make, use, sublicense, and/or assign such Information (in whole or in part), to incorporate such Information into other works in any format or medium now known or later developed, and to identify you as the author by screen name, and including said rights in all copyrights, patent rights, and other intellectual property rights in such Information. Such Information shall be non-confidential and non-proprietary to you. BeanPool is under no obligation to pay any consideration or give credit to you for such Information and BeanPool is authorized by you to sublicense, transfer and/or assign such Information.

No Endorsement of Information or Business
BeanPool does not control the accuracy, condition, legality, quality, reliability, safety, security or truth of the Information and makes no representations, warrants or endorsements thereof. BeanPool shall have no obligation to review and/or approve the Site's Information or pre-screen any of the service providers. (BeanPool provides a mechanism on the Site that allows a user to select whether or not an individual review was useful and the option to request removal of the review if it is not useful.) All Information provided by you and any Information relied on by you is at your own risk and sole responsibility, and not the responsibility of BeanPool. Before you act on any information or engage the service or purchase goods based on the Information provided by this Site, you should confirm any facts that are important to your decision, review quality of goods and services, check references, and perform all safety precautions and/or evaluations. The Site may contain hyperlinks that reference or link to third party web sites outside of the Site or third party web sites may reference or link to this Site. BeanPool makes no representations, warranty or endorsements regarding the accuracy, condition, legality, quality, reliability, safety, security or truth of any content posted on those third party web sites and the terms and conditions of this Agreement do not apply to said third party web sites. BeanPool has no control over the content of any hyperlinked third party websites and shall have no obligation to review those sites' content. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content, and that under no circumstances will BeanPool be liable for any loss or damage of any kind as a result of the use of any Information made available through the Site. Reviews, ratings, and recommendations do not reflect the views of BeanPool, its affiliated companies, agents, employees, officers, directors, members, or shareholders. BeanPool does not assume responsibility or liability for any Information or for any claims, damages, or losses resulting from any use of the Site or the materials or services contained therein.

Offline Activity
You agree not to use any information obtained from this Site in order to abuse, harm, or harass another person, or in order to advertise to, contact, solicit, or sell to any Member or advertiser without his/her prior explicit consent. You agree not to call our numbers and/or toll-free numbers to solicit business from Members or advertisers on the Site, for any reason other than inquiring about the goods and services being advertised, and such activity shall constitute a material breach of the Agreement. In no event shall BeanPool be responsible for any criminal act and/or civil tort committed by or against users/Members, or users’/Members’ family, friends, neighbors, agents, affiliates, partners or the like, arising through contacts or leads accessed or accessible to said users/Members or any party.

Prohibited Activity
Content on the Site is proprietary or is licensed to BeanPool. You may not use any method to intercept or expropriate any system data or content from the Site without the express written permission of BeanPool. You shall not use any automatic device, or manual process to monitor or copy our web pages, the content or Information contained herein or generate unsolicited email (i.e.,"Spam") without the prior expressed written permission of BeanPool. You hereby agree not to copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of BeanPool and/or the appropriate third party. You may not, and this Agreement does not give you permission to create derivative works, decompile, disassemble, modify, reproduce, reverse engineer or distribute the content of this Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective owner.

Digital Signatures and Communications
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. You and BeanPool agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party, shall be treated in all manner and respects as an original signed document. Accessing the Site constitutes acceptance of this Agreement by you. You agree that you shall not raise electronic transmission or electronic signatures as a defense to this Agreement or the binding nature thereof or in any matters related to the Agreement, and you agree to waive such defense.

Intellectual Property
This Site and its contents are the copyrighted property of BeanPool. The trademarks, service marks, and logos used and displayed on this Site are the registered and/or unregistered trademarks of BeanPool and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyright or trademark displayed on the Site, or know-how, techniques, ideas and other intellectual property without the prior written permission of BeanPool. No portion of the content on this Site may be reprinted, republished, modified, or distributed in any form without the express written permission of BeanPool. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this Site or its content. BeanPool reserves any and all rights not expressly granted by this Agreement with respect to the Site.

Disclaimer of Warranty
YOUR USE OF, AND BROWSING IN, THIS SITE ARE AT YOUR OWN RISK. EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BEANPOOL SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS OR SUFFICIENCY FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY OR RELIABILITY OF DATA. BEANPOOL SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, LOSS OF DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM BEANPOOL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. Some states and/or jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

Limitation of Liability
IN NO EVENT SHALL BEANPOOL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, JOINT VENTURES, MANAGERS, MEMBERS, OFFICERS, PARTNERS, REPRESENTATIVES, OR SHAREHOLDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENTS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, DAMAGES FOR LOSS PROFITS, SALES, GOODWILL, REVENUE, USE OR DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR CONNECTED WITH USE OF THE SITE, RELIANCE UPON ANY CONTENT OR INFORMATION CONTAINED IN OR ACCESSED FROM THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. BEANPOOL ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE, WHETHER CAUSED BY COMPUTER VIRUSES OR OTHERWISE. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SITE. Some states and/or jurisdictions do not allow the limitation of incidental or consequential damages, so the above disclaimer may not apply to you.

Indemnity
You agree to indemnify, defend and hold BeanPool, its affiliates, agents, directors, employees, joint ventures, managers, members, officers, partners, representatives, or shareholders harmless from and against any loss, liability, claim, or demand of any kind, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site, to upload content or other information to the Site, or breach of any provision of this Agreement, or any intentional wrongdoing by you.

Governing Law and Choice of Forum
This Site resides on a server in Atlanta, Georgia, USA. You agree that this Agreement and your use of this Site are governed by the laws of the State of Georgia, USA, exclusive of its choice of law rules and matters affecting, copyrights, trademarks, and patents under U.S. federal law. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts, tribunals, agencies and other dispute resolution organizations in Fulton County, Atlanta, Georgia, USA in all disputes relating to this Agreement. In any such action that BeanPool prevails, BeanPool shall be entitled to also recover legal fees and costs. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.

Dispute Resolution
Any claim, dispute or controversy arising out of, relating to, or concerning this web site and/ or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held in Atlanta, Georgia, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be subject to specific enforcement in any court of competent jurisdiction.

Miscellaneous
To the maximum extent allowed by law, if any part of this agreement is invalid, illegal or unenforceable under applicable law, the invalid, illegal 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 govern such use. You agree that BeanPool, in its sole discretion, may at any time and without notice unilaterally change the terms, conditions, and notices under which this Site is offered, as well as the content of the Site. Such changes and/or modifications shall become effective immediately upon their posting, so please review this Agreement periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions of this Site. This Agreement, its amendments and any documents expressly incorporated by reference, including but not limited to the Privacy Policy constitutes the entire agreement between you and BeanPool with respect to this Site the subject matter hereof. This Agreement and its amendments supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BeanPool with respect to this Site. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/ or of any notice given by BeanPool in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by BeanPool in printed form. BeanPool may, at any time, assign its rights or delegate its obligations hereunder without notice to you. You shall not assign any of your rights hereunder. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.

© 2006 BeanPool, LLC. All Rights Reserved Worldwide. BEANPOOL™ and other marks herein are trademarks of BeanPool, LLC.