Terms Of Use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING! ALL USERS ARE BOUND TO THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING ANY WEBSITES OR OTHER SERVICE DEVELOPED, HOSTED AND/OR OPERATED BY Beansprout.net.

Overview: Beansprout.net ("Beansprout" or "we") develops, hosts, licenses and/or operates a variety of websites and other services which provide information relating to the health, development, education and well-being of children and families (collectively "the Services"). Only authorized members ("the Members" "you" or "your") may access the Service.

Beansprout Does Not Practice Medicine And Does Not Recommend Health Care Providers: Beansprout provides the Service in part to help parents and health care providers communicate and investigate issues relating to children's health. Beansprout does not engage in the practice of medicine and under no circumstances recommends treatments, makes diagnoses or offers counseling or any other professional services for specific individuals. Beansprout also does not screen, rank or verify the experience, skill, education, qualifications or training of any health care providers and thus cannot recommend particular providers.

Consult With Your Doctor Or Health Care Provider For The Latest Information: Please remember that medical care is improving constantly and dealing with new challenges. New ideas, practices and research prompt continuous changes in doctors' understanding and recommendations. The possibility of differing opinions and changes in medical science prevents Beansprout from doing anything more than urging you to consult with your doctor or health care provider if you have questions about a medical condition and before you pursue any course of treatment. The Service is provided for educational purposes only with the understanding that neither Beansprout nor its representatives, affiliates, customers, suppliers or Members use it to make diagnoses, recommend treatments or provide medical, counseling or other professional services or advice.

Beansprout Is Not A Child Care Provider And Does Not Recommend Particular Programs and/or Caregivers: Among other resources, Beansprout may offer information relating to child care. Beansprout does not evaluate, screen, rank or verify conditions at any child care provider or program nor does it evaluate, screen, rank or verify the education, experience, training or skill of any caregivers. As a result, Beansprout cannot recommend particular caregivers or programs nor can it recommend particular approaches to or practices concerning child care. The possibility of differing opinions and needs prevents Beansprout from doing anything more than urging parents and/or caregivers to conduct their own investigations concerning child care and related programs.

Beansprout does not endorse or recommend products, services or materials: From time to time, contributors to the Service may refer to or recommend specific products, information, services or materials. Such statements are solely the responsibility of the contributor. Beansprout does not recommend or endorse any products, information, services or materials unless we specifically say so.

Unauthorized Access Is Prohibited: The Service may only be accessed by authorized Members in good standing with valid passwords, where necessary. Accessing the Service without proper authorization is forbidden and shall constitute a trespass. Beansprout reserves the right to pursue any and all remedies available to prevent and recover for harms arising from unauthorized access, including but not limited to equitable relief. Neither Beansprout nor any of its representatives, customers, Members, agents or affiliates shall be liable for any damages, injuries, claims or causes of action brought by anyone who improperly accesses the Service and/or who uses any information, products, materials and/or services referred to in a Service which the claimant was not authorized to access, including any damages, injuries claims or causes of action based in contract, tort or warranty.

Copyright: The Service is protected by copyrights, trademarks, trade secrets and other intellectual property rights. Members must ensure that they do not violate any applicable intellectual property laws or rights of others. Authorized Members in good standing may download copyrighted material from the Service for their own personal, non-commercial use to the extent permitted by Beansprout and/or the sponsor of the particular website or service. Permission may be revoked at any time at the discretion of the Service sponsor or Beansprout. Except as expressly provided by copyright law, Members must obtain permission before editing, copying, publishing, distributing, re-distributing, translating or otherwise using any material from the Service in any medium whether now in existence or hereafter invented.

Trademarks, Tradenames, Service Marks and Logos: Beansprout, Beansprout.net and Beansprout Pediatrics Network are trademarks of Beansprout.net, Inc. All other trademarks, tradenames, service marks and logos are the property of their respective owners. Beansprout does not intend to suggest nor is there an affiliation between Beansprout and the respective owner(s) unless we specifically say so.

Links to other websites: The Service may include links to other Internet websites solely as a convenience to Members. Beansprout does not endorse any information, products or services on other websites and Members use such websites at their own risk.

Members Who Contribute To The Service: Members who post information, material or messages to the Service grant Beansprout the right to edit, copy, publish, distribute, translate and otherwise use or not use in any medium such material. Subject to these grants, a Member retains the right s/he may have in such material. Beansprout is not responsible for the contents or accuracy of any such contributions and shall not be liable for any loss, claim, damage or liability arising from such contributions.

Conduct: Beansprout wants the Service to be a pleasant, informative place to visit! Help us by following certain rules of the road:

* Members who are given passwords to access particular websites or other service should not share the passwords with others or allow others to gain unauthorized access to the Service.

* Although Beansprout is not responsible for any content on websites or other services that it may host, Beansprout urges Members to create a respectful, supportive and courteous environment. Members should respect the rights of others, including rights of privacy and the right not to be slandered, libeled or harassed. Members shall not publish information that is profane, abusive, threatening, harmful, harassing, defamatory, vulgar, profane, ethnically or racially hateful or otherwise or gives offense to the average person.

* Members may not use the Service for any activity that is prohibited by the laws of Massachusetts or the United States. Members also are cautioned that the law relating to online systems is unsettled, and may be affected by laws outside Beansprout's and the Member's locality.

Right To Remove/ Delete Information: Although Beansprout is not obligated to review or police any content on the Service, Beansprout reserves the right to remove from view and/or delete any resource or content on the Service at its discretion. Beansprout also reserves the right to terminate any Member's access privileges.

Members Responsible For Fees/ Surcharges That They Incur: Members are responsible for promptly paying all fees and surcharges associated with or resulting from their use of the Service. For example, if a Member purchases a product or service or obtains information for which there is a charge via the Service, the Member is responsible for promptly paying any resulting fees or surcharges directly to the product, service or information provider.

Termination: Beansprout may terminate this Agreement at any time at its discretion. Members may terminate this Agreement by contacting Beansprout customer service at bsncontactus@beansprout.net.

Changes in Terms and Conditions: Beansprout reserves the right to modify this Agreement at its sole discretion at any time and in any manner, effective immediately upon the availability of the Service to any Member or via any other method of delivery. Members agree periodically to review this Agreement and continued access or use of the Service after modification will constitute acceptance of the modified Agreement.

Indemnity: Anyone who contributes to the Service in any form, including opinions, recommendations or referrals, agrees to indemnify and hold Beansprout harmless against any and all claims, losses, costs and liabilities including damages that Beansprout may incur as a result of supplying or being alleged to have supplied any inaccurate, defamatory, infringing, misleading or, unlawful information. Members also agree to indemnify and hold harmless Beansprout and its representatives, affiliates and suppliers from any loss, claim or liability (including attorneys' fees) arising from violations of this Agreement.

DISCLAIMER OF WARRANTIES AND LIMITS ON DAMAGES:

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND.

BEANSPROUT AND ALL OF ITS EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON THE SERVICE. IN ADDITION, BEANSPROUT AND ALL OF ITS EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, AFFILIATES AND SUPPLIERS ASSUME NO LEGAL LIABILITY FOR THE ACCURACY, COMPLETENESS, CURRENCY, TIMELINESS, AVAILABILITY, USEFULNESS OR RELIABILITY OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THE SERVICE, OR FOR ANY ERRORS AND OMISSIONS IN THE CONTENT OR OPERATION OF THE SERVICE.

IN NO EVENT SHALL BEANSPROUT OR ANY OF ITS EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR LOSS OF USE OF THE SERVICE OR ANY INFORMATION, SERVICES OR PRODUCTS REFERRED TO THEREIN, INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT, NEGLIGENCE, OR FOR ALLEGEDLY TORTIOUS CONDUCT, INCLUDING ANY BREACH OF WARRANTY. MEMBERS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT THE SERVICE WOULD NOT BE PROVIDED ABSENT SUCH LIMITATIONS.

Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Miscellaneous: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. All disputes regarding the scope, force and effect of this Agreement, or the relationship, if any, between Beansprout and any Member, including any claims based upon allegedly tortious conduct or breach of warranty, shall be brought in a court of competent jurisdiction in the Commonwealth of Massachusetts.

Beansprout may in its reasonable good faith and discretion and without notice to the Member, provide Member information and records to courts, law enforcement agencies or others involving in prosecuting crimes or investigations for conduct alleged or believed to be illegal or to violate or threaten the rights of any person or entity.

The provisions in this Agreement concerning unauthorized access, choice of law and forum, disclaimer of warranty, indemnity and limits on damages shall survive the termination of this Agreement. If any provision of this Agreement is deemed unenforceable and/or invalid, no other provision shall be affected, and the remaining provisions shall be construed and continue with the same effect as if the unenforceable provision or invalid provision was not a part of the Agreement.

This Agreement may be assigned by Beansprout to a successor of substantially all of the stock or assets of Beansprout and shall inure to the benefit of and be binding upon such successors and assigns.

Notice to Beansprout may be provided by first class mail or overnight courier to Beansprout.net, Inc. 360 Littleton Rd., Suite B9, Chelmsford, MA 01824. Any dispute or controversy surrounding or arising out of this Agreement or any website hosted by Beansprout shall be settled initially by non-binding mediation in Boston, MA, without prejudice to the rights of the parties if that is not successful.