Last Revised: 1 October 2016
1. Binding Agreement
This Terms of Service Agreement (“Terms”) governs your use of the site thehumanbean.com and its subdomains (the “Site”). The Terms are an agreement between you and Casey Hawkins, Inc., d/b/a The Human Bean (“THB”). By accessing the Site as an unregistered user, you agree to these Terms. If you do not agree to these Terms, you may not access the Site. Registration for the Site requires acceptance of these Terms.
3. Acceptable Use of the Site
The following are examples of prohibited uses of the Site:
- Spamming or using the Site to send unsolicited communications about any goods or services;
- Accessing the Site using any automated means such as bots, harvesters, scrapers, or spiders, except by permission of THB;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
- Helping or enabling others to violate these Terms;
- Denial of service attacks or any other act that imposes an undue burden on the infrastructure of the Site; or
- Any use of the Site in violation of applicable law.
We may withdraw permission to use the Site at any time, for any reason, including but not limited to your violation of these Terms. In addition to terminating your access, THB reserves all legal rights and remedies in response to any violation of these Terms.
4. THB Intellectual Property
The Site and its content are protected by copyright, trademark, trade dress and other intellectual property rights. You may use the Site consistently with our rights. You may not reproduce or reuse our content for commercial purposes or otherwise except incidentally to your use of the Site.
Our trademarks or service marks include, without limitation, the following: U.S. Trademark Reg. Nos. 2,493,213, 2,760,822, 2,805,579, and 3,264,873. Any content copied, downloaded or printed from the Site should retain all copyright, trademark and other notices of proprietary rights. The THB logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by THB. You may not copy, display or otherwise use any of the Marks (except incidentally to your use of the Service) without the prior written permission of THB. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by THB.
The entire Site, and all content including without limitation look-and-feel, text, graphics, multimedia content, images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site associated therewith, are copyright 2006-2016, Casey Hawkins, Inc. All rights reserved.
5. Required Notices
You agree to receive exclusively via email, to the address last provided by you to THB, any notice that we are required to send to you. You will keep your contact information current and promptly notify THB if you discover any unauthorized use of your information.
6. Third Party Content and Services
7. Representations and Indemnification
You represent that any personal information you provide through the Site is true and correct; and that, if you act on behalf of a corporation, company or other legal or de facto entity, you have authority to bind that entity.
You agree to defend, indemnify and hold harmless THB and its officers, directors, employees, contractors and affiliates from and against any and all claims, damages, costs, and expenses (collectively “Claims”) arising from or related in any way to (1) your use of the Site, the materials it contains, and any sites linked to it; or (2) your breach of any representation, warranty, or material provision of these Terms.
8. Disclaimer of Warranties
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. THB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that information provided will fulfill any of your particular purposes or needs.
THB does not guarantee or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free.
No information, whether oral or written, obtained by you from THB or through a THB Service will create any warranty not expressly stated in these Terms.
9. Limitations and Exclusions of Liability
THB will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, or the cost of getting substitute goods or services, or the use, inability to use, unauthorized use, performance or non-performance of any third-party account, even if THB has been advised of the possibility of such damages), whether based on contract, tort or any other legal theory, resulting from (i) your use or the inability to use the site; (ii) unauthorized access to or alteration of your transmissions or data; or (iII) any other matter relating to the sites or Services. if you are a california resident, you waive the provisions of Section 1542 of the California Civil Code, which states as follows: ”A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, and any other municipal, local, state, or federal law, common or statutory, which may have arisen, or which may arise, prior to, or at the time of, the execution of this Agreement.”
If you are dissatisfied with the Site, or any of the information contained therein, or if you refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against THB arising out of the use of the Site. Some jurisdictions do not allow the limitation of liability or of indirect damages, so the foregoing limitations may not apply to you. In such cases, our liability is limited to the fullest extent permitted by applicable law.
10. Entire Agreement. These Terms constitute the entire agreement between you and us with respect to their subject matter. THB or its affiliates may offer other sites and services with different terms. In the event of any conflict between these Terms and another written agreement between you and THB, these Terms will be controlling as to your use of the Site.
If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
12. Governing Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its rules respecting the conflicts of laws.
These Terms are deemed made and fully performable in Jackson County, Oregon. Any litigation between the parties may be brought only in the state or federal courts having subject matter jurisdiction in Jackson County, Oregon. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, objection to venue with respect to any such action or proceeding, and objection to jurisdiction based on your place of residence or domicile.