Beanpatch & Co, LLC (Beanpatch & Co.) considers the privacy and security of user information an integral component of the services offered at our website, beanpatchandco.com. The following information explains how Beanpatch & Co. collects and uses information obtained from users in connection with services available at the Site.
What this Policy Covers.
This Privacy Policy covers Beanpatch & Co.’s treatment of personal information that Beanpatch & Co. gathers when you are on the Beanpatch & Co. website. This policy does not apply to the practices of companies that Beanpatch & Co. does not own or control, or to individuals that Beanpatch & Co. does not employ or manage.
Personal Information Collected and How We Use It.
In order to provide you with a friendly, customized, and efficient experience, we collect personal information of several types from our customers. Please note that our site is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13.
Information You Provide to Us: We receive and store any information you enter on the Site or provide to us in any other way. Beanpatch & Co. uses the information you provide to us in order to improve the quality of the Site and Services, in certain instances, provide you with customized content according to your preferences, fulfill your requests for Beanpatch & Co.’s products or services, and send you information about Beanpatch & Co. and its products and services.
At your election you may choose to stop receiving future electronic communications from Beanpatch & Co. and/or our partners by replying to an email with “Unsubscribe” in the subject line or by emailing info@beanpatchandco.com.
Cookies and Other Technology. Like many sites, our Site employs cookies and web beacons to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.
(a) Cookies are pieces of information that a website transfers to your computer’s hard disk to enable saving of your Site preferences, and other record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. We do not combine personal information you provide to us with information collected through cookies. Most web browsers can be set to refuse cookies, although this may cause certain features of our Site or Service to cease functioning properly. The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies.
(b) Web beacons assist in delivering cookies and help us determine whether a web page on this Site has been viewed and, if so, how many times. For example, any electronic image on this Site, such as an ad banner, can function as a web beacon.
(d) Log Files. When you visit the Site, web servers collect information “traffic data” (such as, for example, time and date, the address of the website from which you entered the Site) about your visit, which is stored as anonymous, aggregate data. Collecting such data may entail the use of IP addresses or other numeric codes used to identify a computer. Beanpatch & Co. uses “traffic data” to help diagnose problems with its server, analyze trends and administer the Site. Your IP address is not linked to personally identifiable information, but is used to gather broad demographic data and to monitor statistics to improve the Service. Beanpatch & Co. may also use your IP address to help diagnose problems with its server. IP addresses are also used to provide an audit trail in the case of any attempted illegal or unauthorized use of the Site.
Sharing of Information.
We will not share your personal information with other individuals or non-affiliated companies except in the following circumstances:
Consent: Beanpatch & Co. may disclose or share information with our Beanpatch & Co. Partners when you have provided consent to do so.
Protection of Beanpatch & Co. and Others: Beanpatch & Co. may disclose personally identifiable data if it is required to do so by law or if Beanpatch & Co. has a good faith belief that such action is necessary to conform to applicable laws or comply with any legal, regulatory or similar requirement or investigation, to protect or defend the rights or property of Beanpatch & Co. or another user or to enforce the Terms of Use.
Business Transfers: Beanpatch & Co. may transfer personally identifiable information to any successor to all or substantially all of its business or assets.
Aggregation: Beanpatch & Co. may share aggregated usage and demographic information collected via our Site. However, no personally identifiable information will be included in these aggregations.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service.
Security.
Our Site incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions we process. We use SSL encryption to protect your personal information online. Information collected by Beanpatch & Co. is stored in secure operating environments that are not made generally available to the public. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Beanpatch & Co. cannot ensure the security of any information you provide, and you do so at your own risk. Once Beanpatch & Co. receives your transmission, we will make reasonable efforts and comply with industry practices to ensure its security on its systems.
Third Party Sites.
This site may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Beanpatch & Co.’s control. The privacy and security practices of websites linked to or from the Site are not covered by this Privacy Statement, and Beanpatch & Co. is not responsible for the privacy or security practices or the content of such websites.
Offline Collection, Use & Disclosure of Information.
The majority of information that we collect is obtained through our Site, and this Privacy Policy applies only to that online collection of personal information. We also collect information offline, where we also try to protect the privacy of your personal information. The primary collection of offline information is done through our stores during a product purchase or a registry creation. When we need to store information (such as order information), we will enter it into our database through SSL encryption. We make every effort to treat offline collection, uses, and disclosures consistently with our relevant online practices.
Changes.
Beanpatch & Co. reserves the right to change or update this Privacy Statement at any time by posting a notice at the Site. Information collected by the Service is subject to the Privacy Statement in effect at the time of use. Last updated May 1, 2012.
Contact.
If you have any questions regarding this Privacy Statement or your dealings at this Site, please contact Beanpatch & Co., LLC at info@beanpatchandco.com
Terms of Use
Acceptance of Terms.
Welcome to Beanpatchandco.com. Please take a few minutes to review our Terms and Conditions. The use of the Beanpatchandco.com website (the Website) and the sale of products and use of the services and information offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale and/or use appearing on this Website (collectively, the Terms of Use). Your use of this Website in any manner, whether browsing, creating a registry or account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms of Use and that you agree to follow and be bound by them. You also acknowledge and agree that any disputes that may arise under these Terms of Use will be governed by the laws of the State of California, without giving effect to any conflict of laws principles.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE WEBSITE. BY VIEWING OR USING ALL OR ANY PART OF THE WEBSITE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
Changes.
Beanpatch & Co reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy.
Beanpatch & Co.’s use of personal information that you may submit to us through this Website is governed by the Beanpatch & Co’s Privacy Policy, which is posted for your review separately on this Website.
Rules and Conduct.
The Website (including without limitation, any content, documents or other information made available via the Website) is provided only for your personal, non-commercial use. Any unauthorized use of the Website is expressly prohibited.
As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Beanpatch & Co. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Website, that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, profane or which otherwise violates the Terms of Use;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- imposes an unreasonable or disproportionately large load on Beanpatch & Co’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Beanpatch & Co or any third party; or
- harvests or collects any information from the Website; or
- impersonates any person or entity, including any employee or representative of Beanpatch & Co.
Beanpatch & Co. may, at its sole discretion, immediately terminate your access to the Website should your conduct fail to conform strictly with any provision of this section.
Content.
Beanpatch & Co. has no obligation to monitor the Website or any use thereof. However, Beanpatch & Co. reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
Third Party Websites.
This Website may contain links to other sites that are neither owned nor operated by Beanpatch & Co., although some such sites may have an affiliation with Beanpatch & Co. (collectively, Third Party Websites). Such links are provided for your convenience only. Beanpatch & Co. makes no representations whatsoever about any Third Party Websites which you may access through this Website, as Beanpatch & Co. has no control over the content appearing on such Third Party Websites. Moreover, a link to a Third Party Website does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Website. No rights to use or copy the information on this Website or the Third Party Website is granted or implied. Please Note: The Terms of Use and Privacy Policies applicable to Third-party Websites may differ significantly from those of Beanpatch & Co. You are encouraged to review the applicable privacy policies of such Third Party Websites.
Proprietary Rights.
You agree that all content and materials made available by Beanpatch & Co. at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Beanpatch & Co. in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from Beanpatch & Co is prohibited.
Reproducing, copying or distributing any content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of Beanpatch & Co. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.
No Warranties.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability.
IN NO EVENT SHALL COMPANY (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Indemnification.
You agree to defend, indemnify, and hold harmless Beanpatch & Co., its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Website. Beanpatch & Co. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Beanpatch & Co. in asserting any available defenses.
International Use.
Beanpatch & Co. makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such Content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Dispute Resolution.
A printed version of these Terms of Use 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. You and Beanpatch & Co. agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in California, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
Integration and Severability
These Terms of Use are the entire agreement between you and Beanpatch & Co. with respect use of this Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Beanpatch & Co. with respect to this Website (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
Miscellaneous.
These Terms of Use contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Beanpatch & Co.’s prior written consent. Beanpatch & Co. may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, these Terms of Use and all Content provided by Beanpatch & Co. are copyright © 2012 Beanpatch & Co, LLC. All rights reserved. Beanpatch & Co. and all products and services referenced herein are either trademarks or registered trademarks of Beanpatch & Co. The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners.