Terms of Service
These Terms of Service ("Terms") govern your access to and use of the websites located at www.beenstay.com, along with any features, tools, products, or services provided through them (collectively, the "Services") by Beenstay, Inc. ("Beenstay," "we," "our," or "us"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference.
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SERVICES, YOU ARE AGREEING TO MANDATORY ARBITRATION OF DISPUTES (AS EXPLAINED BELOW), A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, AND OTHER IMPORTANT LIMITATIONS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
1. Updates to These Terms
Beenstay may modify these Terms periodically. If a material change is made, we will attempt to notify you—such as by email, a notice within the Services, or by updating the "Last Updated" date on this page. Unless otherwise noted, changes become effective immediately upon posting. Your continued use of the Services indicates your acceptance of the updated Terms.
By using the Services after any amendment, you agree that the revised Terms apply retroactively to all interactions between you and Beenstay, including disputes that arose before the revised Terms were presented to you.
If you do not agree to updated Terms, you must discontinue use of the Services.
2. Use of Information & Intellectual Property Rights
All copyrightable content appearing on the Services is owned or licensed by Beenstay unless stated otherwise. Subject to applicable rights, Beenstay permits you to download or copy materials from the Services solely for your own internal, non-commercial purposes, provided that:
• You retain all copyright, trademark, and proprietary notices, and
• You do not reproduce or distribute the materials to third parties for commercial gain.
Any quotations or references to Beenstay's content must properly acknowledge Beenstay as the source.
Nothing on the Services grants you any license to Beenstay's or a third party's trademarks, patents, copyrights, or other intellectual property rights, whether by implication, estoppel, or otherwise, unless expressly provided in writing.
Except as authorized in these Terms, you may not modify, copy, distribute, publish, sell, or otherwise exploit any portion of the Services without Beenstay's prior written consent.
3. Trademarks
All Beenstay names, logos, product designations, slogans, and related branding elements are trademarks or service marks owned by Beenstay and may not be used without Beenstay's written approval. Third-party marks referenced on the Services remain the property of their respective owners.
4. Monitoring & Disclosure
Although Beenstay is not obligated to monitor activity on the Services, you agree that we may observe, review, or remove content in order to:
• Comply with legal or regulatory obligations,
• Maintain the proper functioning of the Services, or
• Protect Beenstay, its users, or the public.
Any submissions you provide (including ideas, feedback, comments, or other materials) are considered non-confidential, and Beenstay may freely use, reproduce, display, or distribute them for any purpose without obligation to you. You grant Beenstay a perpetual, royalty-free, worldwide license to use and create derivative works from anything you submit through the Services.
5. Limitation of Liability
Your use of the Services is at your own risk. To the fullest extent permitted by law:
• Beenstay and its affiliates shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages—including loss of data, revenue, or profits—arising from your use of the Services.
• All content is provided "as is," and Beenstay does not guarantee its accuracy, completeness, or timeliness.
• Any reliance on information obtained through the Services is at your sole discretion.
Beenstay may update, correct, or modify the content at any time without notice.
6. Warranty Disclaimer
The Services, including all information, materials, and functionality, are provided without warranties of any kind, express or implied—including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. No advice or information you receive from Beenstay creates any warranty not expressly stated in these Terms.
7. Third-Party Links & Endorsements
The Services may link to websites operated by third parties. Beenstay does not control, endorse, or guarantee the content or practices of any third-party site. You assume all risks associated with accessing any externally linked content.
Before submitting personal information to third-party sites, you should review their privacy policies.
8. Security Obligations
You agree to comply with all security procedures required by Beenstay, including password protections and access controls. You must not attempt to access restricted portions of the Services without express authorization.
9. Changes to the Services
Beenstay may modify, discontinue, or restrict access to any part of the Services at any time. Certain areas of the Services may be subject to additional or separate terms.
10. Violations
Beenstay may suspend, limit, or terminate your access to the Services without notice if you violate these Terms. Beenstay retains all rights and legal remedies available.
11. User Content
By contributing reviews, media, comments, or any other materials ("User Content"), you grant Beenstay a perpetual, sublicensable, royalty-free license to use, publish, modify, distribute, and display such content across any medium.
You represent that your User Content:
• Is accurate and lawfully yours to share,
• Does not infringe third-party intellectual property, privacy, or other rights,
• Does not contain harmful code, and
• Is not unlawful, abusive, harassing, discriminatory, defamatory, or otherwise harmful.
Beenstay may remove or restrict User Content at any time and may cooperate with law-enforcement authorities when necessary.
12. Acceptable Use Restrictions
You agree not to use the Services:
• To gain unauthorized access to systems or features,
• To impersonate others or misrepresent your affiliation,
• For unlawful, fraudulent, harmful, or abusive purposes,
• To promote illegal activities,
• To interfere with or disrupt the Services or Beenstay's infrastructure,
• To collect user information without consent,
• For commercial activities unrelated to legitimate Service transactions, or
• In any way that restricts another user's ability to enjoy the Services.
13. Age Requirements
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By accessing the Services, you confirm that you meet this requirement and can legally enter into these Terms.
14. Governing Law
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles. Any dispute not subject to arbitration must be brought exclusively in state or federal courts located in Colorado, and you consent to that jurisdiction.
15. Dispute Resolution Process
A. Informal Resolution
Before initiating legal action or arbitration, you must attempt to resolve the issue by emailing a detailed notice to team@beenstay.com. If the matter is not resolved within 60 days, you or Beenstay may begin a formal proceeding.
B. Binding Arbitration
Any dispute arising from the Services or these Terms ("Covered Matters") will be resolved by individual arbitration administered by JAMS under its Streamlined Arbitration Rules. Consolidation procedures may apply if multiple related claims are filed.
The arbitrator—not a court—has exclusive authority to determine the enforceability and interpretation of these Terms.
Arbitration awards are final and binding.
C. Exceptions
You may still:
• Seek relief in small claims court where permitted,
• Seek injunctive relief for intellectual property claims.
D. Waiver of Class Actions
BY USING THE SERVICES, YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BEENSTAY.
E. Opt-Out Option
You may opt out of arbitration within 30 days of first accessing the Services by emailing your full contact information to team@beenstay.com with an explicit opt-out request.
16. Electronic Notices
You consent to receiving legal notices electronically, including via email or postings within the Services. If you withdraw consent, you must stop using the Services.
Marketing communication preferences are governed separately by our Privacy Policy.
17. General Provisions
• These Terms constitute the entire agreement between you and Beenstay regarding the Services.
• Failure to enforce any provision does not waive Beenstay's rights.
• If any portion of these Terms is found invalid, the remainder will remain enforceable.
• Headings are for convenience and do not affect interpretation.
• Your rights and obligations cannot be assigned without Beenstay's written approval; Beenstay may freely assign its rights.
If you have questions, contact team@beenstay.com.