(As of December 1, 2016)
Thank you for visiting beanfieldssnacks.com (the "Website"). The terms listed below (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and any related applications whether existing now or in the future (collectively, the "Properties").
By accessing or using the Properties, you agree to be bound by these Terms. These Terms constitute the complete agreement between you and Beanfields PBC ("Beanfields," "we" or "us") regarding the Properties. Beanfields reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms and any other documents incorporated by reference herein (the "Amended Terms") at any time. If the Amended Terms affect your rights, duties, and obligations under these Terms, we will provide reasonable advance notice before the Amended Terms become effective. You agree that we may notify you of the Amended Terms by posting them on the Properties, or communicating the Amended Terms through any method of written contact that Beanfields has established with you, and that your use of the Properties and/or the services after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms. Therefore, you should review these Terms and any Amended Terms before using the Properties and/or the services. The Amended Terms will be effective as of the date specified in the Amended Terms, and will apply to your use of the Properties from that point forward. These Terms will govern any disputes arising before the effective date of the Amended Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
ANY DISPUTE BETWEEN YOU AND BEANFIELDS MUST BE RESOLVED BY MEDIATION OR BINDING ARBITRATION AS DESCRIBED BELOW. PLEASE READ THE MEDIATION AND ARBITRATION PROVISIONS IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THIS AGREEMENT, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Use of the Properties
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
You agree that you will only use the Properties for your own use. You must be at least eighteen (18) years of age to use the Properties. Use of the Properties is void where prohibited.
Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.
2. Account Creation
When you create an account, you agree to only provide true, accurate and correct information. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information.
We may (a) cancel or suspend your access to your account, or the Properties generally; (b) cancel, suspend, or remove your access to certain features associated with your account; and/or (c) change the pricing related to your account; all at our sole and exclusive discretion, with or without prior notice, for any or no reason, and with no liability to you or any third party.
3. Intellectual Property Rights
The Properties are owned and operated by Beanfields and its licensors and the data, text, graphics, designs, logos, images, audio/visual materials, links, and references (as well as any intellectual property and other rights relating thereto) accessible through the Properties (collectively, the “IP Rights”) are and will remain the property of Beanfields and its licensors and suppliers. The IP Rights are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any part of the Properties or IP Rights without our prior written permission. The IP Rights and the Properties may be used solely (a) to the extent permitted in this Agreement, or (b) as expressly authorized in writing by Beanfields or, if so indicated in writing by Beanfields, its licensors or suppliers. Use of the Properties or IP Rights for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Properties or IP Rights.
The trademarks, logos, and service marks displayed on the Properties (collectively, the “Trademarks”) are the registered and unregistered trademarks of Beanfields, our licensors and suppliers, and/or others. Nothing contained in this Agreement or the Properties should be construed as granting, by implication, estoppel, or otherwise, any license, right to use or any other rights in the Trademarks without the express written permission of Beanfields, its licensors or suppliers, or the third party owner of the Trademarks, except as set forth in this Agreement. You agree that the Trademarks are protected by U.S. and international copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. You must abide by all copyright notices, information and restrictions contained in the Trademarks accessed through the Properties.
4. Copyright Infringement
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the "DMCA"). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
a. Identify in writing the copyrighted material that you claim has been infringed upon;
b. Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
c. Include the following statement: "I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.";
d. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf."
e. Provide your contact information including your address, telephone number, and e-mail address (if available);
f. Provide your physical or electronic signature; and
g. Send written communication to:
c/o Encore Law Group PC
8383 Wilshire Boulevard, Suite 660
Beverly Hills, California 90211
5. No Endorsement of Content
Some of the content available through the Properties, such as on our blog, may include materials that belong to third parties. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any content appearing in the Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.
You understand that by using the Properties you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Properties may also provide a link to other sites by allowing you to leave the Properties to access third-party material. We are not responsible for the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of material contained in any linked third-party properties. We do not screen or investigate third-party material before or after including them on our Properties. Third-party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. We assume no responsibility or liability for any third-party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any third-party properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any inaccurate, defamatory, misleading, illegal, invasive, unfair, or infringing content provided by third parties.
If you send, transmit, or communicate any comments, questions, suggestions, information, or materials to Beanfields, whether by letter, email, telephone, online contact form, or otherwise (collectively, the "Suggestions"), recommending changes or improvements to the Properties, including, without limitation, new designs, features and/or functionality, all the Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign to Beanfields all right, title, and interest in and to: (a) the Suggestions, and Beanfields is free to use Suggestions, without any attribution or compensation to you or any third party, and (b) any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable or fixed in a tangible medium, for any purpose whatsoever, including but not limited to, duplicating, developing, manufacturing, having manufactured, licensing, marketing, distributing, preparing derivative works and selling, directly or indirectly, the Properties using the Suggestions. You understand and agree that Beanfields is not obligated to use the Suggestions, and you have no right to compel such use and no right to compensation for such use.
7. Restrictions on Use
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
a. Use the Properties for illegal or unauthorized uses;
b. Impersonate any person or entity;
c. 'Stalk' or harass other users or persons;
d. Harm minors in any way;
e. Falsely state or misrepresent your affiliation with another person or entity;
f. Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
g. Access or use the account of another user without permission;
h. Solicit, spam or otherwise advertise to users using the Properties or our content made available through the Properties;
i. Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or other messages for any purposes;
j. Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
k. Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
l. Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
m. 'Hack' or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
n. Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
o. Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
p. Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
q. Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
r. Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or our content;
each as determined in our sole discretion.
8. Payment and Delivery
The prices for our products (the “Price”) are determined at our sole and exclusive discretion and may be modified from time to time. When you place an order through our Properties, you will be charged for the products according to the Price at the time the order is placed. In the event a product is listed with an incorrect Price or with incorrect information due to a typographical error, error in pricing, or error in product information received from our suppliers, we have the right to refuse or cancel any orders placed for the incorrectly listed product, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your bank or credit card account in the amount of the charge. The Prices exclude local, state, federal or other taxes and fees (the “Taxes”). The Prices also exclude delivery fees (the “Delivery Fees”). Where applicable, you are responsible for the payment of Taxes and Delivery Fees.
When you submit an order, we, through our third-party payment service providers, will charge your bank or credit card. Payments must be successfully charged before we can process and submit your order for delivery. In the event that your payment method is declined, we may attempt to re-process the charge. Additionally, our third-party payment service providers may request, and we may receive, updated credit card information from your bank or credit card issuer. If this updated information is provided to us and our third-party service providers, we may use such updated information to process the payment. We are not responsible for any fees that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge, we may bill you directly and seek payment by another method.
Although when you place an order we may provide estimates of delivery times, we do not guarantee that you will receive those items from our third-party carrier during that time and are not responsible for late deliveries. The risk of loss and title for products purchased from us by you passes to you once the products are delivered to the third-party carrier.
9. Returns and Refunds
We offer a 30-day return or refund policy in the event that you are not satisfied with the products you receive. In order for the return/refund to be approved, please email us at firstname.lastname@example.org within 30 days of receiving your order. Please provide your name, your order number, and the best by date on any bags with a quality issue.
10. Health and Environmental Policies and Certifications
We are committed to ensuring our customers enjoy the highest quality products. We are proud that our products have been verified as non-GMO by the third party non-profit The Non-GMO Project. For further information about our policies, please see here for environmental, health, and benefit corporation.
11. Privacy and Security
We make efforts to maintain the security of our Properties. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
12. Notice for California Users
Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
13. Jurisdictional Issues
Beanfields makes no representation that the Properties operate (or are legally permitted to operate) in all geographic areas or that the IP Rights or the Properties are appropriate or available for use in all locations. Accessing the Properties from territories where the Properties or any portion thereof, is illegal is expressly prohibited. If you choose to access the Properties, you agree and acknowledge that you do so upon your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
14. Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE PROPERTIES, THE PRODUCTS AND THE SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEANFIELDS AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE PROPERTIES, PRODUCTS, AND/OR SERVICES OFFERED ON OR THROUGH THE PROPERTIES OR BY BEANFIELDS, ANY DATA, INFORMATION AND/OR MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PROPERTIES, THE PRODUCTS AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, DATA, INFORMATION AND IP RIGHTS OF THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROPERTIES, PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THIS PROPERTIES, DATA, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PROPERTIES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WHERE IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BEANFIELDS DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PROPERTIES OR CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PROPERTIES BY ANY THIRD PARTY (INCLUDING USERS), ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROPERTIES, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PROPERTIES. BEANFIELDS DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY US AND/OR A THIRD PARTY THROUGH THE PROPERTIES OR ANY THIRD-PARTY SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. BEANFIELDS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL BEANFIELDS, OR ITS RESPECTIVE OFFICERS, MANAGERS, USERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS OR LOSS OF DATA OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OR WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PROPERTIES OR ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD PARTY VIA THE PROPERTIES, INCLUDING PRODUCTS OR SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PROPERTIES, WHETHER OR NOT AN AGREEMENT FOR PRODUCTS OR SERVICES FORMED VIA THE PROPERTIES IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, TRADEMARKS, CONTENT, INFORMATION, IP RIGHTS, MATERIALS OR SUBSTANCE OF THE PROPERTIES; (III) ANY PRODUCTS AND/OR SERVICES PURCHASED ON OR THROUGH THE PROPERTIES OR FROM BEANFIELDS; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN OR TRANSFERRED THROUGH THEM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PROPERTIES BY ANY THIRD PARTY; (VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROPERTIES; (VII) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PROPERTIES; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (IX) ANY ERRORS, MISTAKES, OR INACCURATE STATEMENTS OR INFORMATION BY BEANFIELDS OR OTHERS REGARDING THE HEALTH, ENVIRONMENTAL AND/OR OTHER BENEFITS OF OUR PRODUCTS OR SERVICES; AND/OR (X) ANY USE OF ANY DATA, TRADEMARKS, CONTENT, INFORMATION, IP RIGHTS, MATERIALS OR SUBSTANCE OF THE PROPERTIES, AND THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON US, THEN OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF OURS WILL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE PROVIDED FOR HEREIN.
15. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU ONLY TO THE EXTENT SUCH EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY IS NOT ALLOWED IN THAT JURISDICTION.
IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD PARTY, YOU FOREVER RELEASE BEANFIELDS, AND ITS LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PROPERTIES, IP RIGHTS, AND CONTENT, OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE MARKETED OR PROVIDED ON OR THROUGH THE PROPERTIES OR BY BEANFIELDS.
If you are a California resident, you waive California Civil Code Section 1542, which states the following: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you waive your rights under any statute similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.
b. Data Fees Data, messaging, or other ISP and carrier fees may apply in your use of the Properties through a mobile device.
c. Interpretation The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms. Nothing contained in this Agreement will be deemed to constitute Beanfields or you as the agent or representative of the other or as joint venturers or partners
d. Governing Law/Dispute Resolution This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, will be settled, first, by mediation to take place within 30 days of the written notice of such dispute and, second, if the parties are unable to settle such dispute by mediation in such 30-day period, then by binding arbitration by a single arbitrator in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration will be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles, California, and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award in an arbitration arising out of or related to this Agreement. For the sake of clarity, nothing in this paragraph will affect our ability to seek from a court injunctive or equitable relief at any time. In no event will the arbitrator have the authority to award punitive damages or any other damages expressly limited by this Agreement. Neither Beanfields nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
f. Third-Party Beneficiaries This Agreement does not confer any third-party beneficiary rights.
g. Force Majeure Neither Beanfields nor you shall be liable to the other for any delay or failure in performance under this Agreement, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
h. No Assignment Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable or sub-licensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense will be null and void. Beanfields may assign, transfer, or delegate this Agreement or any right, obligation or remedy hereunder in its sole discretion.
i. Severability If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
j. Waiver Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. No waiver of any term or condition of this Agreement will be deemed a further or continuing waiver of such term or condition or any other term or condition. Nothing in this Agreement waives or limits extra-contractual rights or remedies available to us to protect our rights or property, including, but not limited to, those available under U.S. copyright law, international treaties or copyright or intellectual property laws of the countries in which the Properties is used.
k. Notices You agree that Beanfields may provide you with notices, including those regarding changes to this Agreement, by email, regular or expedited mail, text communication, website postings or other means of communication.