TERMS OF USE

Welcome to Nested Bean's website, www.nestedbean.com ("Site"). Please review the following terms of use that govern our Site. Please note your use of the Site constitutes your agreement to these terms. Nested Bean Inc. reserves the right to revise these terms and conditions. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically.

Site Content

Except where otherwise expressly noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Nested Bean, Inc. and or its affiliates. The posting of the Contents of this website neither constitutes a waiver of any of Nested Bean's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, servicemarks, patents and other intellectual property, nor a transfer by implication, estoppel or otherwise of any such rights or of any license to the Site user or to any third party. Contents are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents that you obtain from the Site.

The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. The display of trademarks within this Site does not grant you a license of any kind.You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Product & Pricing Information

Nested Bean products displayed on the Site are available in select stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores and prices are subject to change. Nested Bean is not responsible for typographical errors regarding price or any other matter.

Design Protection

No rights in the design of Nested Bean products, or designs incorporated in such products, shall pass to you except as an integral part of products purchased by you. You agree not to copy or reproduce, or cause to be copied or reproduced, either directly or indirectly, Nested Bean products, product designs, designs incorporated in such products, or product packaging. This Design Protection provision shall survive termination of this Agreement.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurately portrayed.

Comments and Submissions

All comments, feedback, suggestions, ideas, and other submissions offered or submitted to Nested Bean in connection with your use of this Site (collectively, "Comments") shall be Nested Bean's property. Such offer or submission of any Comments constitutes an assignment to Nested Bean of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Nested Bean is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments.

1. You agree that Comments submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Privacy Policy

In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. Nested Bean's use of any personal information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Nested Bean's protection of your personal information, please refer to our Privacy Policy page.

Indemnification

You agree to defend, indemnify and hold Nested Bean harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Links to Other Web Sites

To the extent that this Site contains links to services and resources not within Nested Bean's control ("Third-Party Sources"), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that Nested Bean shall not be liable to you for your use of any Third-Party Sources.

Disclaimer

IN NO EVENT SHALL NESTED BEAN OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF NESTED BEAN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, 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 THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY 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 LIMITATIONS MAY NOT APPLY TO YOU.

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Choice of Law and Venue/Jurisdiction

This Site is controlled and operated by Nested Bean Inc. from its office in Hudson, Massachusetts. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws. Any action arising under or relating to this Agreement shall be brought exclusively in the courts of the state of Massachusetts.

Third-Party Trademarks

Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Termination

This Agreement is effective unless and until terminated by either you or Nested Bean. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. Nested Bean may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site. Upon any termination of this Agreement by either you or Nested Bean, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.