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(Last Modified: November 21, 2016)
Your Access to and Use of the Beneplace Services
The Beneplace Services are intended for use only by Authorized Users. If you are not an Authorized User, then you are not authorized to access or use the Beneplace Services.
We reserve the right to withdraw or amend the Beneplace Services (in whole or in part), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Beneplace Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Beneplace Services, or the entire Beneplace Services, to users, including you. You are responsible for making all arrangements necessary for you to have access to the Beneplace Services.
Additionally, you agree not to: (a) use the Beneplace Services in any manner that could disable, overburden, damage, or impair the Beneplace Services or interfere with the authorized use of the Beneplace Services; (b) use any robot, spider or other automatic device, process or means to access the Beneplace Services for any purpose, including to monitor or copy any of the content on the Beneplace Services; (c) use any manual process to monitor or copy any of the content on the Beneplace Services or for any other unauthorized purpose without our prior written consent; (d) use any device, software or routine that interferes with the proper working of the Beneplace Services; (e) introduce any viruses, trojan horses, worms, logic bombs or other item which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Beneplace Services, the server on which the Beneplace Services are stored, or any server, computer or database connected to the Beneplace Services; (g) attack the Beneplace Services via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Beneplace Services.
Intellectual Property Rights
The Beneplace Services and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Beneplace, its licensors or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on the Beneplace Services, except to: (a) store copies of such content temporarily in RAM; (b) store files that are automatically cached by your Web browser for display enhancement purposes; and (c) print a reasonable number of pages displayed by the Beneplace Services for your personal, permitted use.
You must not: (a) modify copies of any content from the Beneplace Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of content displayed by the Beneplace Services.
You must not reproduce, sell or exploit for any commercial purposes: (a) any part of the Beneplace Services, (b) any access to the Beneplace Services or (c) any use of the Beneplace Services (including any discounts, rebates and special offers made available by Vendors).
The Beneplace name, Beneplace.com, and all related names, logos, product and service names, designs and slogans are trademarks of Beneplace or its affiliates or licensors. You must not use such marks without the prior written permission of Beneplace. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
Reliance on Information Contained in the Beneplace Services; Disclaimers
Any and all information presented on or through the Beneplace Services is made available solely for general information purposes. In particular, you acknowledge and agree that any information regarding a Vendor, including any discounts, rebates or special offers relating to the products, services or other offerings of a Vendor, is solely the responsibility of such Vendor.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) ALL INFORMATION PRESENTED ON OR THROUGH THE BENEPLACE SERVICES (INCLUDING ANY INFORMATION REGARDING ANY DISCOUNTS, REBATES OR SPECIAL OFFERS RELATING TO THE PRODUCTS, SERVICES OR OTHER OFFERINGS OF A VENDOR) IS PROVIDED ON “AS IS” BASIS WITH “ALL FAULTS”; (B) BENEPLACE, ITS AFFILIATES, AND THE SPONSOR DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, EFFECTIVENESS, USE, OR RESULTS OF USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE BENEPLACE SERVICES (INCLUDING ANY INFORMATION REGARDING ANY DISCOUNTS, REBATES OR SPECIAL OFFERS RELATING TO THE PRODUCTS, SERVICES OR OTHER OFFERINGS OF A VENDOR), OR (II) THE BUSINESS, PRODUCTS, SERVICES, OR OTHER OFFERINGS OF ANY VENDOR, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) ANY RELIANCE ON OR USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE BENEPLACE SERVICES (INCLUDING ANY INFORMATION REGARDING ANY DISCOUNTS, REBATES OR SPECIAL OFFERS RELATING TO THE PRODUCTS, SERVICES OR OTHER OFFERINGS OF A VENDOR) BY YOU IS DONE SO AT YOUR OWN RISK.
Links to Vendor and Other Third Party Sites; Disclaimers
YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) BENEPLACE, ITS AFFILIATES, AND THE SPONSOR ARE NOT RESPONSIBLE FOR (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, OR VENDOR, OR (IV) ANY LOSS OR DAMAGE THAT MAY ARISE FROM ANY OF THE FOREGOING; (B) BENEPLACE, ITS AFFILIATES AND THE SPONSOR, DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF). OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR OWN RISK.
Additional Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE BENEPLACE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
BENEPLACE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BENEPLACE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY SITE LINKED TO IT.
YOUR USE OF THE BENEPLACE SERVICES IS AT YOUR OWN RISK. THE BENEPLACE SERVICES OR ITEMS OBTAINED THROUGH THE BENEPLACE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, “WITH ALL FAULTS”. BENEPLACE, ITS AFFILIATES AND THE SPONSOR DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE BENEPLACE SERVICES OR ITEMS OBTAINED THROUGH THE BENEPLACE SERVICES, INCLUDING (I) ANY WARRANTIES REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, OR (II) THAT THE BENEPLACE SERVICES OR ITEMS OBTAINED THROUGH THE BENEPLACE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE BENEPLACE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE BENEPLACE SERVICES OR ANY ITEMS OBTAINED THROUGH THE BENEPLACE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR (III) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL BENEPLACE, ITS AFFILIATES OR THE SPONSOR BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO (I) YOUR USE, OR INABILITY TO USE, THE BENEPLACE SERVICES OR ANY THIRD PARTY SITES, (II) ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF YOUR USE OF THE BENEPLACE SERVICES OR ANY THIRD PARTY SITE, OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED TO YOU BY ANY THIRD PARTY SITE OR ANY VENDOR, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We (directly or through our third party service providers) host the Beneplace Platform and other online portions of the Beneplace Services in the United States of America, and the Beneplace Services are intended for use by, and directed to, users located in the United States of America. We make no claims that the Beneplace Services or any of its content is accessible or appropriate outside of the United States of America. Access to and use of the Beneplace Services may not be legal by certain persons or in certain countries. If you are a consumer accessing the Beneplace Services from the European Union or other regions with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States of America, please be advised that (i) you do so on your own initiative and are responsible for compliance with local laws and (ii) you are transferring your personally identifiable information to the United States of America and you consent to that transfer.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns