PLEASE READ THE FOLLOWING LEGAL NOTICES CAREFULLY WHILE USING THIS WEBSITE.

By accessing or using this website ("Site"), you are agreeing and do agree to be bound by these Terms and Conditions of Use.  If you do not agree to these Terms and Conditions of Use, please do not continue to use this site. 
Beanstalkkids, may revise these Terms and Conditions of Use at any time by updating this posting.  You agree to be and are bound by the then current Terms and Conditions of Use in effect on the date you access this Site, and agree to visit this page periodically to review the current Terms of Use.
DISCLAIMER.  Beanstalkkids makes no warranties or representations as to the accuracy of content on this Site and assumes no liability or responsibility for any errors or omissions in the content of the Site.  The information provided through Beanstalkkids, including e-mail updates is for informational purposes only.
THIS SITE DOES NOT OFFER PROFESSIONAL ADVICE AND NO CONTENT OF THIS SITE CONSTITUTES PROFESSIONAL ADVICE. INFORMATION RECEIVED FROM THIS SITE SHOULD NOT BE RELIED UPON FOR MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL IN MAKING ANY SUCH DECISIONS
Please direct any Site content questions, comments, or infringement concerns to info@beanstalkkids.com .  Please include a detailed description of the question, comment, error or infringing material as well as your complete name and how you can be contacted.

LICENSE TO USE MATERIALS. 

The design of this Site, together with all text, graphics, interfaces, and the assembly and selection thereof, are owned and operated by Beanstalkkids, Inc. ("Beanstalkkids").  All rights other then those expressly granted herein are reserved.  The content of the Website is derived in whole or in part from material supplied by Beanstalk, its suppliers, and other sources, and is protected by the copyright and trademark laws of the United States.
Subject to these Terms and Conditions of Use, you are granted a personal, non-exclusive, non-transferable license ("License") to view and use this Site.  You may not transfer, assign or sublicense this license.  The information contained in this site is copyrighted and may not be distributed, modified, reproduced or transmitted in whole or in part without the written permission of Beanstalkkids, except that you are hereby granted permission under the terms of this License to electronically copy and/or to print a hard copy of any portions of the Website necessary for the sole purpose of either, (1) placing an order with Beanstalk, or (2) for use as a personal shopping resource;  provided however, that you keep intact all copyright, trademark and other proprietary notices and do not use such material for any commercial or other non-personal purpose whatsoever. 
Copying and/or use of this Website, or any portion thereof, or any of the materials contained herein including, without limitation, any reproduction or copying, in electronic, hard copy or any other form, for purposes other than as expressly provided for herein, or any modification, distribution or republication of any all or any portion of this website or the materials contained therein, without the prior written consent of Beanstalk is strictly prohibited and is a violation of this license as well as of copyright, trademark, and other intellectual property and proprietary rights as applicable.

This Website is intended primarily for use by residents of the United States of America, and for the delivery of the products advertised herein within the contiguous "lower 48 States" of the United States of America.  All orders received from or for delivery outside of the contiguous "lower 48 states" of the United States may be accepted or denied at the sole and absolute discretion of Beanstalk.  Please click here for a more detailed description of our shipping policies and limitations.

INTELLECTUAL PROPERTY/COPYRIGHTS/TRADEMARKS/PATENTS. All title and intellectual property rights in and to the content that may be accessed through use of this Site are our property or belong to the respective content owner and are protected by applicable copyright or other intellectual property laws and treaties. The products and services provided by this Site are protected by copyright patent and trademark laws, international treaties regarding the same, and other applicable laws, regulations and treaties.  We reserve all rights not expressly granted to you herein.
Beanstalkkids, Inc. is the owner of the trademark BEANSTALKKIDS and other related trademarks and service marks ("Marks").  Such Marks cannot be used without the express written consent of Beanstalkkids, Inc.

LIMITATION OF WARRANTIES.

THE SERVICES, PRODUCTS, MATERIAL AND INFORMATION CONTAINED IN THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ALL TEXT, GRAPHICS, AND LINKS TO OTHER WEBSITES, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEANSTALKKIDS, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS, INFORMATION, SERVICES, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  IN ADDITION, BEANSTALKKIDS, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
IN NO EVENT SHALL BEANSTALKKIDS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BEANSTALKKIDS. INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF A LIMITED REMEDY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Beanstalkkids receives information for this Site from many sources, and contains links to other websites that are controlled by other organizations, entities or persons. The linked websites are not under the control of Beanstalkkids and Beanstalkkids is not responsible for the content of any linked website or any link contained in a linked website.  Beanstalkkids reserves the right to terminate any link or linking program at any time.
To the maximum extent permitted by law, Beanstalkkids makes no guarantee or warranty, express or implied, with respect to any products or services sold or provided on this Site, including any warranty of merchantability or fitness for a particular use.  Beanstalkkids shall have no liability as a publisher of information or reseller of any products or vendor services, including, without limitation, any liability for defective products.  Beanstalkkids does not warrant the accuracy of the information or guarantee the claims, benefits or safety of any goods or services sold or discussed on this Site.  The claims made about specific products manufactured by other entities have not been evaluated by Beanstalkkids.

LIMITATION OF LIABILITY.

You visit this Site and use our products and services at your own risk.  In no event, will Beanstalkkids or any related, affiliated companies, suppliers or agents be liable to you or anyone else for any direct, indirect, incidental, special, consequential, or punitive damages that result from the use of, or the inability to use, the Site or material, even if advised of the possibility of such damages. This includes, but is not limited to, injury or damages resulting from any decision made or action taken by you or anyone else in reliance on Site information, as well as damages for loss of revenue; business interruption; loss of business information; or any other pecuniary loss; loss of technology; loss of rights or services; loss of data; interruption or loss of use of any equipment; mental anguish; emotional distress; invasion of privacy; for harm related to being under the influence of drugs, tobacco or liquor; arising out of the use of or inability to use this Site; the provision of or failure to provide support services; or the recognition and acts or failure to act, even if we have been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
You specifically acknowledge and agree that Beanstalkkids and any related, affiliated companies are not liable for any defamatory, offensive or illegal conduct of any visitor to the Site or user of Beanstalkkids material or products. You agree that to the maximum extent permitted by law, Beanstalkkids and any related, affiliated companies, suppliers or agents shall not be liable for any damages (including, without limitation, liability arising out of contract, strict liability, tort (including negligence) or patent, trademark or copyright infringement) under any theory or indemnity.

You understand that Beanstalkkids does not own or control other linked sites outside of this Site, and it is not responsible or liable for performance (or non-performance) within such linked sites or within interconnection points between this Site and other sites that are operated by third parties.  We also make no representation regarding your ability to transmit and receive information from or through this Site and you agree and acknowledge that at times your ability to access this Site may be impaired or disrupted.  Although we will use commercially reasonable efforts to take any action we deem appropriate to remedy and avoid such events, we cannot guarantee they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events.

We assume no liability for any damage to, or loss of your personal computer or other equipment or software resulting from any causes other than our gross negligence or willful misconduct.  To the extent we are liable for any damage to or loss of your equipment for any reason, such liability will be limited solely to the then-current value of the equipment and subject to other limitations set forth in these Terms of Use.

You agree to defend us, our directors, officers, employees, partners and agents ("Covered Entities") from and against any and all claims, actions or demands brought by or against us and/or any of the Covered Entities alleging: (a) with respect to you: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms of Use; (b) any damage or destruction to this Site or to us, or to another person or party which damage is caused by or otherwise results from your acts or omissions; (c) any personal injury or property damage to you or others arising out of your activities related to our Products or Services, unless such injury or property damage is caused solely by our gross negligence or willful misconduct; or (d) any other damage arising from your equipment or you (collectively, the "Covered Claims").  You agree to indemnify us and each Covered Entity from and against all damages, costs, and fees awarded in favor of third parties in each Covered Claim, and you will indemnify and hold harmless us and each Covered Entity from and against any and all claims, demands, liabilities, losses, damages, expenses and costs (including reasonable attorneys fees) (collectively, "Losses") suffered by us and each Covered Entity which Losses result from or arise out of a Covered Claim.  You will provide us with prompt written notice of each Covered Claim of which you become aware, and, at our sole option, we may elect to participate in the defense and settlement of any Covered Claim, provided that such participation shall not relieve you of any of your obligations under these Terms of Use.
Please note you are responsible for all use of this Site, with or without your consent, by yourself and others, which occurs by, through or in connection with access to this Site via your computer.

You agree that use of the material in this site is subject to these terms and conditions, as well as all applicable laws, and such access and use is at your own risk.  In no event shall BEANSTALKKIDS' total liability to you for damages, losses, and claims exceed the amount the amount you paid to BEANSTALKKIDS, if any, in accessing and using this site.

All portions of this site are subject to change without notice, including, but not limited to product pricing, product options, product availability, gift registry, discounts, rebates, coupons, gift certificates, prizes, free gifts, and this page.  Whenever you revisit this site you agree to be bound by any changes in these terms and conditions.

If you are dissatisfied with any portion of this site, or any of these terms and conditions, your sole and exclusive remedy is to immediately discontinue use of this site and destroy all materials obtained from it.  You agree to defend, indemnify and hold BEANSTALKKIDS harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, related to any violation of these terms and conditions by you, or in connection with the use of this site.

BEANSTALKKIDS is not responsible or liable for any material submitted, posted, uploaded, input, or any other form of communication (together referred to as "Communications") to this site or to BEANSTALKKIDS' to use without restriction for any purpose whatsoever, commercial or otherwise and without any obligations of confidence or compensation. BEANSTALKKIDS, in its sole discretion reserves the right to remove, edit, or refuse to post any material submitted by users of this site.

PRIVACY POLICY. Please click here for Beanstalkkids Privacy Policy. {Insert a link to the policy here}
TERMINATION.  Beanstalkkids may terminate this License to use the Site at any time if you are in breach of the terms of this agreement. This agreement will terminate immediately without notice from Beanstalkkids if in Beanstalkkids' sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and any and all other Beanstalkkids websites and all copies of such materials, whether made under the terms of this agreement or otherwise.

USE ONLY FOR LAWFUL PURPOSES. You may only use this Site for lawful purposes.  You may not use this Site to post, email, transmit or otherwise distribute unlawful material.  Examples of unlawful material include, but are not limited to, direct threats of physical harm, defamatory statements, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization.  The storage, distribution or transmission of unlawful materials could subject you to criminal and civil liability, in addition to other penalties and damages.  You assume all risks regarding the determination of whether the material is in the public domain.

By posting to this Site, you agree that you will not post material that is harmful, unlawful, harassing, threatening, libelous, defamatory, obscene, pornographic, infringing or that may violate any law. Beanstalkkids reserves the right to refuse information that it determines could be defamatory, infringing or would violate any law.

SUSPECTED VIOLATIONS OF THESE TERMS OF USE. We reserve the right to investigate any suspected violations of this agreement. In the event that we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any customer or user involved and the complaining party, if any, and examination of material on our site or on your personal computer.  During or pursuant to an investigation we may suspend the provision of this Site to you and/or remove the material involved from our services.  We may take such action in our sole discretion.  Such action may include, but is not limited to temporary or permanent removal of material from our servers, warnings to you, and the suspension or termination of your access to this Site.  We will determine what action will be taken in response to a violation on a case-by-case basis.  Violations of this agreement could also subject you to criminal or civil liability.

Beanstalkkids further reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity and to report to law enforcement officials any suspected illegal activity. It is not Beanstalkkids' intention that its services or facilities be used in contravention of the Communications Decency Act of 1996, 47 U.S.C. 223, or any other applicable law.

COMPLIANCE WITH NETIQUETTE. You are prohibited from posting any advertisements in any chat room or newsgroup accessed through this Site and are strictly prohibited from distributing any unsolicited advertising mailings of any type, whether commercial or informational, at, by or through this Site. You are prohibited from posting chain letters, pyramid schemes, encoded binary files, job offers or listings and personal ads.  You may not alter the headers of posts, mailings, or any other communication to conceal an email address or to prevent others from responding to posts, mailings, or any other communication, by through or using this Site  You may not attempt to send SPAM, "flood" or otherwise disrupt this Site or any website accessed through this Site.  Disruption is defined as posting a large number of messages or similar activity such that the operation of the Site is materially hindered.   You may not send email in any way that may be illegal, and may not send, propagate or reply to mailbombs.  Upon receiving a request to stop sending further email, you must immediately cease such mailings.  You may not store or distribute prohibited types of material on our servers or over or through this Site.  Examples of prohibited material include, but are not limited to programs containing viruses or Trojan horses and/or tools to compromise the security of this or other sites. 

You agree you will not export or re-export any information or products obtained from this Site to any country, person, entity or end user subject to export restrictions or economic sanctions imposed by the United States.

AMENDMENT. We may amend the terms and conditions in this agreement at any time by posting a notice on this Site.  If you continue to access this Site at any time after such a change in terms of the agreement is posted at this Site then you are deemed to have accepted and agreed to all of the terms and conditions contained in the change in terms and the revised agreement.

SEVERABILITY.  In the event any provision of this agreement is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision.

ASSIGNMENT. We may assign our rights and delegate our duties under this agreement either in whole or in part at any time, in our sole discretion, and without your consent.

NOTICES. Any notice or communication required or permitted under this agreement may be delivered personally, deposited with an overnight courier, or sent by email.  In addition, we may provide notice to you by posting such notice on this Site. Such notice is deemed to be received as of the date it is delivered.

APPLICABLE LAWS.  Beanstalkkids or its affiliates from its offices in Florida control this Site. Beanstalkkids makes no representation that materials in the Site are appropriate or available for use in other locations.  The internal substantive laws of the State of Florida shall govern any claim relating to the materials.  This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.  If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between Beanstalk and you relating to the use of this Site by you and it may not be modified except by (1) Beanstalk posting revised Terms and Conditions of Use to this Site; or (2) if altering Terms and Condition of Use in effect at a time when you accessed this Site, in a writing signed by both you and Beanstalkkids.  You further agree that any legal action or proceeding concerning or related to this Site between you and Beanstalkkids or its affiliates shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida.  Any cause of action or claim you may have with respect to the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.