Shopping Cart Software
by Beanbasket eCommerce Web Hosting

Beantree, Inc., henceforth referred to as "Company", is an Internet application service provider. Use of our service is subject to the terms and conditions set forth below.

1. Indemnification
You agree to indemnify, defend, save and hold Beantree, Inc. harmless from any and all demands, liabilities, losses, damages, costs and claims, including attorney's fees asserted against Beantree, Inc., its agents, its customers, servants and officers and employees, that may result or arise from any service provided or performed or agreed to be performed by you, your agents or employees. This indemnification and hold harmless agreement extends to any damages to you, Company, or any other party or parties without limitation or exception. Beantree, Inc. cannot be held responsible for the content or actions of its clients or other people that use Company services.

2. User Responsibilities
You understand that by placing information on Company servers that this information becomes available to all Internet users. You agree not to engage in any unlawful, threatening, destructive, abusive, defamatory, obscene, offensive, pornographic, or otherwise objectionable actions or conduct. Objectionable actions or conduct includes, but is not limited to: unsolicited email, data collection of information without our prior consent, and other illegal uses of our equipment and services as deemed by Company within the bounds of local, state and federal laws.

3. Refusal or Termination of Service
Company reserves the right to refuse or terminate service to anyone at our sole discretion. Activities or conduct that violate this Agreement provide Company with the right to terminate any and all services, without responsibility or consequences resulting from such a termination.

4. No Warranties
Company makes no warranties, whether express, implied or statutory regarding or relating to any services provided by Company. Company specifically disclaims all implied warranties of merchantability and fitness for a particular purposes with respect to the services performed.

5. Limitation of Liability
In no event will Company be liable for any loss of profits, loss of use, business interruption, loss of data, cost of cover or indirect, special, incidental or consequential damages of any kind in connection with or arising out of the furnishing or performance of services hereunder, whether alleged as breach of contract or tortuous conduct, including negligence, even if Beantree, Inc. is advised of the possibility of such damages. In addition, Company will not be liable for any damages caused by the delay in delivery or furnishing services. Company and customer reserve the right to establish additional service level agreements that may supercede the general limitations of liability.

6. Election of Remedy and Liquidated Damages
Company's liability under these Terms and Conditions for direct, indirect, special, incidental and/or consequential damages of any kind, including without limitation, restitution, will not, in any event exceed the amounts paid by Customer to Company under this Agreement. Customer further agrees that in the event that Company is unable to meet its obligations under the parties' agreement, Customer's sole and exclusive remedy for breach of contract of any other cause of action is a return of the fees Customer paid Company.

7. Contractual Limitations Period
No action arising out of or related to this Agreement or transactions or services contemplated by this Agreement, whether alleged as breach of contract or tortuous conduct, may be brought by either party more than one (1) year after the cause of action accrued.

8. Choice of Law
The parties agree that this Agreement and the transactions and services contemplated under this Agreement will be subject to and construed in accordance with the law of the State of Wisconsin, without regard to conflict of laws principles.

9. Non-Assignment
Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by Customer, in whole or in part, whether voluntary or by operation of law, without the prior written consent of Company.

10. Identification
As the person legally responsible for this account, you agree that you are at least 18 years of age and to supply Company with your truthful name and contact information to be held in our records as per our Privacy Statement.

11. Security
You agree that the security of your account is wholly your own responsibility. This Agreement constitutes consent that upon any known or perceived breach or compromise of your account security, you will take any and all necessary steps to dutifully notify Company of this breach. Company reserves the right to suspend or in other way modify the nature of the account pending resolution of investigation. Any use of our services or equipment to engage in unlawful activity will result in account suspension and a notification to the appropriate authorities.

12. Payment
You agree to provide Company with appropriate and accurate payment information, and to keep this information accurate and up-to-date. Charges shall commence to accrue on the date that Company notifies you that the requested service(s) is/are ready. You agree that if you are paying for services of a recurring nature that prepayments may be billed automatically, and that Company may apply the amount due to the provided payment vehicle at any time. Company agrees that prorated refunds for unused services [prepaid hosting time] will be provided upon request, with the exception of any setup fees, upon premature account termination. You agree to reimburse in full Company all expenses incurred by Company in exercising any of its rights under this Agreement or applicable law with respect to the collection of a payment default, including, but not limited to, collection agency and attorney fees.

13. Proprietary Rights
Company grants its clients a non-exclusive, non-transferable license to use the services and products during and under the terms of this Agreement. All rights with respect to the services and products, including, but not limited to, intellectual property or similar rights belong exclusively to Company. Custom development resulting in applications and designs built specifically by Company as contracted by Customer is owned by Customer. Architecturally common components reused by Company remain property of Company.

14. Dispute Resolution
If a dispute or difference of any kind arises between you and Company arising out of this Agreement, including the interpretation, performance, non-performance, or termination hereof, the two parties shall make every attempt to resolve the dispute through mutual discussions. Should the dispute prove to be non-resolvable through these means, the dispute will be taken to mediation under the Mediation Rules of the American Arbitration Association. If the dispute still cannot be settled within 30 days, binding arbitration will be sought within 30 days under the Arbitration Rules of the American Arbitration Association. Any and all mediation and arbitration proceedings pursuant to this Agreement shall take place in Outagamie County, Wisconsin.

15. Severability
If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

16. Entire Agreement
This Agreement constitutes the entire agreement of the parties and supercedes any written, electronic, or oral communication you may have had with Company or any agent thereof.

17. Acknowledgement
By placing, maintaining or otherwise utilizing Company services you are acknowledging that you have read, understood and agree to be bound by the aforementioned terms and conditions.

18. Definition of Terms

• Company - Beantree, Inc. and its subsidiaries.
• Customer - Any person, organization or business entity that has agreed to obtain any services from Beantree, Inc.
• Agreement - The current version of Beantree, Inc.'s Terms and Conditions document.