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BEAN SEATTLE TERMS OF USE AND LIABILITY WAIVER

 BEAN VOLUNTEERS AND PARTICIPANTS MEMBERSHIP AGREEMENT,

RELEASE AND WAIVER OF LIABILITY, TERMS OF WEBSITE USE

 

Welcome and thank you for your interest in using the BEAN website, volunteering with BEAN, participating in the BEAN community and supporting the charitable causes we all agree are pressing and important! BEAN has been able to support the surrounding communities in which we live, through volunteerism and charitable giving, because BEAN’s leaders and members have worked hard in developing a strong network of like minded young professionals.  We are excited that you want to become a part of this network, because with each member, we not only create a stronger, healthier society; we create more successful, socially conscious, business leaders.

 

However, without your cooperation, and the cooperation of all members, BEAN would be unable to provide many of the services it currently provides; therefore, as a member of BEAN, we ask you to read this document carefully and agree to incorporate it into your involvement with the BEAN community. PLEASE READ CAREFULLY.  THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.  Our end goal is to establish a system of conduct and expectations necessary in order to make BEAN possible.

 

Therefore, the following are the rules (Rule,” or the “Rules”) that govern your use of the BEAN Website:  http://www.beanonline.org (the “Website”) and your participation in any and all BEAN sponsored events, including but not limited to:  volunteer events, charitable events, fundraising events, social events, promotional events, sporting activities, networking events, any events concerning membership of BEAN, or other such BEAN sponsored activities (collectively, a “BEAN Event, or “BEAN Events”).  By accepting this document (the “Agreement”), using the Website, and/or attending one or more BEAN Events, you are also agreeing to the Rules within this Agreement, and such act constitutes a legal agreement between you and BEAN. BY USING OR VISITING THE WEBSITE AND/OR PARTICIPATING IN ONE OR MORE BEAN EVENTS, YOU EXPRESSLY AGREE TO BE BOUND BY THESE RULES AND TO FOLLOW THESE RULES AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE WEBSITE OR ANY BEAN EVENT.  If you do not agree to these Rules, please do not use the Website and exit the Website immediately.  Also, if you do not agree to these Rules, you must not attend or participate in any BEAN Events.  BEAN reserves the right to change these Rules at any time, effective immediately upon posting on the Website; therefore, it is important that you check the Website periodically for any updates or changes to this Agreement.

 

I.   RELEASE AND WAIVER OF LIABILITY

  

1.   Release and Waiver.  You agree to and hereby release and forever discharge and hold harmless BEAN and its successors and assigns (collectively referred to herein as “BEAN”) from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from any participation in one or more BEAN Events.  You agree and understand that this release discharges BEAN from any liability or claim that you may have against BEAN with respect to any bodily injury, personal injury, illness, death, or property damage that may result from attending or participating in BEAN Events, whether or not caused by the negligence of BEAN, its officers, directors, employees, or agents or otherwise.

 

You agree and understand that BEAN may cooperate or coordinate with other organizations or the officers, directors, employees or agents of such other organizations (“Other Organizations”) in organizing and facilitating some BEAN Events.  You agree and understand that such Other Organizations are not agents of BEAN, take no direction from BEAN officers, directors, employees, or agents or otherwise, and BEAN is not responsible for any liability or claim that you may have against such Other Organizations with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the actions of such Other Organizations, before, during or after any BEAN Event, whether such action is criminal, intentional, willful, reckless, grossly negligent or negligent.

 

You agree and understand that BEAN may invite and allow members of BEAN and other individuals that are not officers, directors, employees or agents or otherwise of BEAN (“Other Individuals”) to participate in BEAN Events.  You agree and understand that such Other Individuals are not agents of BEAN, take no direction from BEAN officers, directors, employees, or agents or otherwise, and BEAN is not responsible for any liability or claim that you may have against such Other Individuals with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the actions of such Other Individuals before, during or after any BEAN Event, whether such action is criminal, intentional, willful, reckless, grossly negligent or negligent.  You agree and understand that BEAN does not conduct criminal, professional, personal or moral investigations into you, Other Individuals or Other Organizations participating in or attending BEAN Events and BEAN expressly denies any obligation to screen, investigate or provide protection from the actions (whether illegal or legal) of such Other Individuals or Other Organizations that you or others may perceive to be dangerous or harmful in any way.

 

2.   Assumption of the RiskYou agree and understand that BEAN Events may include, among other things: work, stress, exerted physical or mental effort, heavy lifting, the use of tools, whether manually operated, powered or otherwise, park restoration or clean-up, loading and unloading, various competitive or non-competitive sporting activities, transportation to and from BEAN Events, the consumption of food or beverages containing allergens or other potentially harmful substances, the consumption of beer, wine, spirits or other alcoholic beverages, or other risky activities that may be hazardous to you or your healthYou agree and understand that BEAN never requires you to participate in any activity that you may deem to be hazardous, harmful or dangerous, and you agree and understand that it is you’re responsibility to determine your own limitations in making the decision to participate in or attend any BEAN Events.  You hereby expressly and specifically assume the risk of injury or harm and release BEAN from all liability (whether real or perceived) for bodily injury, personal injury, illness, death, property damage or the violation of any right granted by law to you or any third-party, that may result from participating in, or attending such BEAN Events.

 

3.   First Aid, Treatment, or Service Rendered.  You hereby release and forever discharge BEAN from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered by BEAN, its officers, directors, employees, or agents or otherwise, in connection with a BEAN Event, whether such first aid, treatment, or service rendered is later judged to either be in response to an emergency or not in response to an emergency, by you or any medical or other professional.  You agree and understand that, except as otherwise expressly agreed to by BEAN in writing, BEAN has no obligations to provide such first aid, treatment, or service, whether or not BEAN, its officers, directors, employees, or agents or otherwise chose to do so or have chosen to do so in the past.

 

4.   Insurance or AssistanceYou agree and understand that, except as otherwise expressly agreed to by BEAN in writing, BEAN does not carry or maintain health, medical, or disability insurance coverage for any BEAN Event participant or attendeeIf you feel that there is an unacceptable risk of harm, you are expected and encouraged to either not participate or obtain your own medical or health insurance coverage and BEAN encourages each participant or attendee to do so.  You agree and understand that BEAN does not assume any responsibility or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of any bodily injury, personal injury, illness, death, or property damage.

 

5.   Indemnification against Third-Party Claims – BEAN Events.  You acknowledge and understand that you are responsible and liable for all your actions when attending any BEAN Events and the consequences therefrom that may negatively affect any third-parties. You represent and warrant that, in attending any BEAN Event, before, during or after any BEAN Event, you will behave responsibly and will not violate the rights of any third-parties or cause injury to any person or entity.  Nonetheless, you agree to indemnify, defend, and hold harmless BEAN, its officers, directors, employees, or agents or otherwise, from any and all loss, liability, damage, action, claim, demand, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of, or related to:  (i) any violation of these terms by you or your authorized agents, or in connection with your attendance of any BEAN Event or the attendance of any of your authorized agents; (ii) your violation of any law or the rights of a third party; and (iii) any negligence, willful misconduct, or any breach of any warranty or covenant hereunder by you.  This indemnification includes, but is not limited to, the duty to diligently defend BEAN, its officers, directors, employees, or agents or otherwise, in any action for damages commenced by such third-parties, or if you should fail to make such diligent defense, you agree to reimburse BEAN, its officers, directors, employees, or agents or otherwise, for any and all reasonable attorneys’ fees and costs incurred in making such a defense as well as any damages that may arise from your failure to comply with this indemnification.  See Section II.17. within this Agreement, titled “TERMS OF WEBSITE USE Indemnification against Third-Party Claims - Website” for additional terms of indemnity.

 

6.   Photographic ReleaseYou hereby grant and convey unto BEAN all right, title, and interest in any and all photographic images and video or audio recordings made by BEAN during any BEAN Event.

 

7.   Participation of Minor Individuals Not Allowed; BEAN Events Involving Alcoholic BeveragesYou agree and understand that it is the policy of BEAN that individuals under the age of 18 years (“Minor Individuals”) are not allowed to participate in any BEAN Events without the accompaniment of a responsible guardian, parent or adult.  You hereby represent and warrant that you are not a Minor Individual and you agree and understand that you are not to assist, influence or allow a Minor Individual to participate in any BEAN Event without the accompaniment of a responsible guardian, parent or adult.

 

You agree and understand that it is the policy of BEAN that individuals under the age of 21 years (“Underage Individuals”) are not allowed to participate in any BEAN Event that involves the promotion, use or distribution for consumption of beer, wine, spirits or other alcoholic beverages, either by (A) BEAN, its officers, directors, employees or agents or otherwise, in compliance with the law of the jurisdiction(s) in which any BEAN Event occurs, or (B) any establishment or Other Organization duly licensed by the jurisdiction(s) in which any BEAN Event occurs.  If you are an Underage Individual, you hereby represent and agree that you will not consume beer, wine, spirits or other alcoholic beverages at any BEAN Event and you will not assist or encourage other Underage Individuals to consume beer, wine, spirits or other alcoholic beverages at any BEAN Event.  If you are not an Underage Individual, you hereby represent and agree that you will not assist or encourage Underage Individuals to consume beer, wine, spirits or other alcoholic beverages at any BEAN Event.  You agree and understand that doing so is illegal or otherwise a criminal violation under the laws of most jurisdictions.

 

If an Underage Individual is found or discovered to have participated in any BEAN Event and to have consumed beer, wine, spirits or other alcoholic beverages, BEAN, its officers, directors, employees, or agents or otherwise, expressly disclaim any responsibility for any bodily injury, personal injury, illness, death, property damage or any legal or criminal violation that may occur as a result.

 

II.   TERMS OF WEBSITE USE

 

1.   Copyright, Ownership, and Permitted UseBEAN retains full ownership, rights, and protection granted by state, federal and international law in all content (including without limitation text, graphics, photographs, images, sound, and illustrations) and software contained on the Website. All elements of the Website, including without limitation the general design and the content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You agree not to modify any documents, graphics, images, or other material found on the Website, or alter or remove any trademark, copyright, or other notice from copies of the content. Except as described in the following paragraph, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the express prior consent of the copyright owner. Except as authorized by copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website.

 

You may, however make single copies of materials displayed on the Website for your own personal and noncommercial use to review community volunteer opportunities and/or BEAN events and promotional information. Except for the sharing of information with other BEAN members, you may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from BEAN or the copyright owner of the copied material. You may not deep-link to the Website for any purpose unless specifically authorized by BEAN to do so.

 

None of the material contained on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of BEAN.

 

2.   Copyright NoticeAll trademarks, service marks, and trade names of BEAN and its partners and licensors used on the Website (including without limitation: BEAN, the BEAN corporate logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of BEAN or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without BEAN’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.

 

Except where specifically noted, all content of the Website is copyright © 2008-2009 BEAN. All rights reserved.

 

3.   User Contributions to the Website.  Opportunities may exist for others to post information on the Website (“Contributions”).  You acknowledge that the third-party Contributions do not necessarily represent the view or opinions of BEAN.  BEAN does not assume any responsibility for the consequences of Contributions on or any communications or results arising from use of the Website.  BEAN does not represent or guarantee the truthfulness, accuracy, or reliability of any Contributions posted by users or endorse any opinions expressed by such users.  ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE WEBSITE IS AT YOUR OWN RISK.

 

If notified of Contributions that allegedly do not to conform to these Rules, BEAN may review the claim and determine in its sole discretion to remove Contributions.  BEAN reserves the right to remove Contributions that are abusive, illegal, disruptive, or that otherwise fail to conform with these Rules.  BEAN reserves the right (but is not obligated) to edit or delete any Contributions posted on the Website, regardless of whether such Contributions violate these standards for Contributions.

 

BEAN reserves the right (but is not obligated) to monitor, edit, disclose, or record any type of Contributions for adherence to these Rules.  BEAN may exercise these rights if required, in the course of normal operations and maintenance of the Website, or by law or in the good faith belief that such action is necessary to (i) comply with the law or with legal process served; (ii) protect and defend the rights of BEAN or others; or (iii) act in an emergency to protect the personal safety of our users or the public.  BEAN HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

 

You are solely responsible for your own Contributions and the consequences of posting those Contributions.  You acknowledge that you have no expectation of privacy in any Contributions you submit to the Website, and that any Contributions posted on the Website is not confidential or private and can be read by anyone.

 

4.   Grant to BEAN.  By providing Contributions, you are granting to BEAN and its licensees a worldwide, royalty-free, perpetual, nonexclusive, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and/or to incorporate it in other works in any form, media, or technology now or hereafter known.  In addition, you warrant that all so-called “moral rights” in those materials have been waived.

 

5.   Right to Remove Content or Block Access.  We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including messages, e-mails, or postings that violates the prohibited actions rules in Section II.6. below (the “Prohibited Actions”), according to our sole interpretation. BEAN may also remove all other content by such user, disable the users account, and otherwise prevent that user from using the Website or participating in any BEAN Events. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law.

 

6.   Prohibited ActionsBy using the Website, you agree not to do any of the following:

 

A.   Post, distribute, upload, transmit or otherwise make available material which infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including copyright, trademark, patent, trade secret, or other proprietary rights or rights of publicity or privacy of third parties;

 

B.   Post, distribute, upload, or otherwise make available or transmit material that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be considered to be stalking; (b) bigoted, hateful, racially offensive, or personal attacks of any kind; (c) vulgar (e.g., profanities and expletives), obscene, or sexually explicit or pornographic (language or images); or (d) that encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

 

C.   Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use the Website for commercial purposes of any kind;

 

D.   Use BEAN or the Website to promote any activity that may be found illegal at the local, state, or federal level (including, but not limited to, laws governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising), or any content that is itself illegal in any way, such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items;

 

E.   Post, distribute, upload, transmit, or otherwise make available any executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever;

 

F.   Post, distribute, upload, transmit, or otherwise make available or engage in "junk mail," "chain letters,” unsolicited mass mailing or advertising emailing ("spamming"); "flaming," "flooding," "trolling," or "griefing," as those terms are commonly understood on the internet;

 

G.   Identifiably impersonate another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by using another individual’s account to post, with or without that individual’s knowledge, or allow another person to use your identification to post or view comments or solicit passwords or personal identifying information from other users;

 

H.   Post, distribute, upload, transmit, or otherwise make available: (a) direct links to or descriptions of goods and services that are prohibited under these Rules; (b) multimedia Content of any kind, such as audio and video files; (c) content that is untrue, inaccurate, deliberately misleading, or trade libelous; (d) encrypted content or content that can be demonstrated to contain encoded messages; and/or (e) content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.

 

Any violation of these Rules may result in the termination of your right to use the Website without notice and the termination of your right to attend any BEAN Events.

 

7.   No Commercial UseThe Website may not be used by you for any commercial purposes, including without limitation to conduct sales of merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind on the Website, whether by advertising, solicitations, links, or any other form of communication.

 

8.   Offline ConductAlthough BEAN cannot monitor the conduct of its users off the Website, it is also a violation of these Rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without that user’s prior explicit consent.

 

9.   Account SecurityYou are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of our services and the Website. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.

 

10.   Information ControlUser published content, such as Contributions, does not represent the views of BEAN or any individual associated with BEAN, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, BEAN’s endorsement of user published content. BEAN does not vouch for the accuracy or credibility of any user published content on the Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on the Website. Through your use of the Website and services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using or accessing the Website, you assume all associated risks.

 

11.   Transactional CooperationIn some cases we cooperate with Other Organizations to co-promote, among other things, their services charities or volunteer activities within the Website. In these cases, you are transacting directly with such Other Organizations. When accessing websites or web pages of such Other Organizations, you are bound by the terms of use of such Other Organizations, if any, in addition to remaining bound by the Rules under this Agreement. When there is a conflict between the Rules under this Agreement and Other Organizations’ terms of use, the Rules under this Agreement shall be held as the primary, enforceable terms.

 

12.   Access and InterferenceYou agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Contributions contained thereon or for any other unauthorized purpose without our prior express written permission. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.

 

13.   PrivacyWe believe that your privacy and the privacy of all our users is important and critical to our success. You must have an account registered on the Website (a “BEAN Account”) in order to use the Website and attend BEAN Events. BEAN asks for some personal information when you create a BEAN Account, including your email address and a password, which is used to protect your BEAN Account from unauthorized access. A BEAN Account allows you to access many of our services and to sign up for BEAN Events requiring registration.  As a BEAN member, you can create a profile that includes personal information, such as your gender, age, occupation, hobbies, and interests, plus other content, such as photos. This information may be accessed and viewed by other BEAN members.  When you interact with other members or send messages through BEAN, we may chose to maintain information associated with those messages, including email addresses and content.  For additional information, please review our Privacy Policy located at:

 

http://www.beanonline.org/privacy

 

This policy applies to all personal information you supply to BEAN on the Website, including in your registration form, when providing contact information to receive information from BEAN, or for an event registration fee or donation. Contributions that you provide for posting on the Website, by e-mail, or otherwise, however, are nonconfidential and nonproprietary to you.

 

14.   Links to Third Parties and Search ResultsThe Website may automatically produce search results that reference or link to third-party sites throughout the internet. BEAN has no control over these sites or the content within them. BEAN cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. BEAN does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you may not make any claim against BEAN for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site. If you have a problem with a link from the Website, please notify us at info@beanonline.org and we may review your claim and take any actions we deem appropriate in our sole discretion.

 

15.   No WarrantyYour use of, browsing of, and reliance on any information presented on the Website are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, AND OTHER PARTNERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, AND OTHER PARTNERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THE WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE WEBSITE FOR ANY PURPOSE. BEAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEAN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS SITE’S CONTRIBUTIONS, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THIS SITE OR BEAN’s SERVICES. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

16.   Limitation on LiabilityBEAN does not assume any liability for the content of any material provided on the Website. BEAN assumes no liability in the event that legal action is taken against you by a third party as a result of content you publish on the Website, whether for copyright infringement or any other illegal activity related to your content. IN NO EVENT SHALL BEAN OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES, AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE BEAN’s WEBSITE OR THE CONTRIBUTIONS ON THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

If your use of the Website results in the need for servicing or replacing property, material, equipment, or data, BEAN is not responsible for those costs. No agent or representative of BEAN has the authority to create any warranty regarding the Website on behalf of BEAN.

 

BEAN assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website. BEAN is not liable for any lost data resulting from the operation of the Website and/or the enforcement of the Rules. We urge all users to maintain their own backup versions of any Contributions they provide for submission to the Website. BEAN disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Website or otherwise related to your use of the Website and/or BEAN services. BEAN is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of users and/or advertisers or sponsors, referenced on or included in the Website to BEAN at info@beanonline.org. BEAN may review your claim and take any actions it deems appropriate, in its sole discretion.

 

17.   Indemnification against Third-Party Claims - WebsiteYou acknowledge and understand that you are responsible for your use of the Website and any of the consequences therefrom that may negatively affect any third-parties.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. Nonetheless, you agree to indemnify, defend, and hold harmless BEAN, its officers, directors, employees, or agents or otherwise, from any and all loss, liability, damage, action, claim, demand, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of or related to: (i) any violation of these terms by you or your authorized users, or in connection with the use of the Website or the internet or the placement or transmission of any message or information on the Website by you or your authorized users; (ii) your use of, or inability to use, the Website; (iii) your violation of any law or the rights of a third party including, without limitation, misappropriation of any intellectual property rights, privacy rights, or any other rights of any third party by you or any Contributions posted on your behalf; and (iv) any negligence, willful misconduct, or any breach of any warranty or covenant hereunder by you. This indemnification includes, but is not limited to, the duty to diligently defend BEAN, its officers, directors, employees, or agents or otherwise, in any action for damages commenced by such third-parties, or if you should fail to make such diligent defense, you agree to reimburse BEAN, its officers, directors, employees, or agents or otherwise, for any and all reasonable attorneys’ fees and costs incurred in making such a defense as well as any damages that may arise from your failure to comply with this indemnification.  See Section I.5. within this Agreement, titled “RELEASE AND WAIVER OF LIABILITY Indemnification against Third-Party Claims – BEAN Events” for additional terms of indemnity.

 

18.   ReleaseIn the event that you have a dispute with other users of the Website, you release BEAN (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

19.   Remedy of Termination.  You agree and understand that BEAN may terminate your use of the Website, cancel any BEAN Event registration, fee or donation, remove your Contributions, and/or exercise any other remedy available to it, if BEAN reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Rules, or violated the rights of BEAN or any third party, or for any reason with or without notice to you. You agree and understand that BEAN may modify or discontinue any aspect or feature of the Website at any time, with or without notice to you. You agree and understand that BEAN will not be liable to you or any third party as a result of such modification or discontinuation.

 

20.   Additional RemediesYou agree and understand that monetary damages may not provide a sufficient remedy to BEAN for your violation of these Rules, and, accordingly, you acknowledge and agree that BEAN is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to BEAN under these Rules, at law or in equity.  BEAN may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

 

III.   GENERAL PROVISIONS

 

1.   Membership Rights.  You agree and understand that by creating an account on the Website and accepting this Agreement you are eligible for membership of BEAN. You understand that, as a member of BEAN, you have the right to use the Website, participate in or attend any BEAN Events (including joining any committees created by BEAN officers, directors, employees, or agents or otherwise) and attend and vote in any regular, special or annual meeting of members, as discussed in Article III of the Bylaws of Business & Engineering Activists Network (BEAN) (the “Bylaws”), last updated July 17, 2006, subject to the terms and conditions herein.  You agree and understand that you may resign your membership at any time or your membership may be revoked and terminated by a majority vote of BEAN officers, subject to the terms and conditions herein.

 

2.   Charitable Solicitations.  You acknowledge that BEAN actively solicits funds from its members for charitable purposes as defined by Section 501(c)(3) of the Internal Revenue Code, as amended.  You agree and understand that executing this Agreement, use of the Website or participating or attending any BEAN Event creates an official relationship between you and BEAN, and you, therefore, do not perceive yourself to be a member of the general public.

 

3.   Consent to Notice by Electronic TransmissionYou consent to receive notices of member meetings by electronic transmission as contemplated and allowed by RCW 24.03.009.  You hereby designate, and allow BEAN to elect, either the Website or the electronic mail address which you provide to BEAN when registering with the Website, as the official address, location, or system for which such notices may be electronically transmittedYou acknowledge and understand that you may revoke this consent by delivering a revocation to BEAN at info@beanonline.org; however, in doing so, you acknowledge and understand that you are no longer entitled to use any features of the Website and you are no longer entitled to attend any BEAN Events.

 

It is BEAN’s policy to communicate any notices of member meetings by posting the notice on the Website and delivering to you by electronic mail a separate record of the posting, together with comprehensible instructions regarding how to obtain access to this posting on the electronic network (usually in the form of a hyperlink).  However, if you elect not to receive electronic mail messages from BEAN, it is your obligation to periodically check the Website for any important notices.

 

4.   BEAN Events, Fee Payment, and Donation Policy.  Many BEAN Events only require a suggested donation or are free to participate.  BEAN may chose to sell tickets to BEAN Events, which may either (i) require check-in at the door for an event where no paper tickets are issued, or (ii) require a physical ticket for a ticketed event.  BEAN may also process event registration fees and donations.  Please allow sufficient time for the delivery and or confirmation of your ticket, event registration fee, and donation.  Occasionally, events are cancelled or postponed by BEAN.  If the event is cancelled, please contact us for information on receiving any refund due.

 

5.   Digital Millennium Copyright Act (“DMCA”) Notice.  In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites.  As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website.  If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA.  We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Howard C. Wu.  In submitting such notice of potential infringement under the DCMA, please provide the following information:

 

A.   Identify the copyrighted work or other intellectual property that you claim has been infringed;

 

B.   Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;

 

C.   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;

 

D.   A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

 

E.   Your address, telephone number, and email address; and

 

F.   Your physical or electronic signature.

 

6.   Governing Law, Jurisdiction and ForumYou expressly agree and understand that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Washington, and that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. You expressly agree that exclusive jurisdiction for any dispute with BEAN, or in any way relating to your use of the Website, any BEAN services or participation in or attendance of any BEAN Event resides in the state and federal courts located in Seattle, Washington, USA, and you consent to the exercise of personal jurisdiction in those courts in connection with any such dispute.

 

7.   SeverabilityYou agree and understand that in the event any clause or provision of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, such clause or provision shall be struck from this Agreement; however, such invalidity or unenforceability shall not otherwise affect the remaining provisions of this Agreement and such remaining provisions shall be enforced.

 

8.   Remedies; Waiver; Limitations.  Except as otherwise provided for herein, no remedy conferred by any of the specific provisions of this Agreement or available to a party is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. No term or condition of these Rules shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. Waiver of any breach of any term or condition of these Rules shall not be deemed a waiver of any prior or subsequent breach. Any cause of action you may have with respect to BEAN must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

 

9.   MiscellaneousYou agree and understand that the Rules of this Agreement and all incorporated agreements may be automatically assigned by BEAN in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements (written or oral).

 

10.   Survival of RulesYou agree and understand that if BEAN terminates your use of the Website or cancels any BEAN Event registration or if you so choose to independently terminate your use of the Website or cancel any BEAN Event registration, the Rules of this Agreement shall survive and you are obligated to comply.

  I accept the BEAN Seattle terms of use and liability waiver.

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