Last revised: February 22, 2022
You agree to use the Website and Services for lawful purposes, and not in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not, without our prior written consent, copy, reproduce, rent, lease, loan or sell content retrieved from the Website or modify, distribute, or re-post any content on the Website for any purpose, other than as allowed by the terms of your agreements with us.
In using the Website, you further agree: (i) not to disrupt or interfere with the security of the Website; (ii) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files; (iii) not to use, frame, or utilize framing techniques to enclose any BeneRē trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page without our express written consent; (iv) not to use meta tags or any other “hidden text” utilizing BeneRē’s name, trademark, or product name without our prior express written consent; (v) not to deeplink to the Website without our prior express written consent; (vi) not to collect or store personal data about others; (vii) not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law; (viii) not to post any copyrighted material unless the copyright is owned by you; (ix) not to reverse engineer, or create derivative works based on the Website or Services or any content (including, without limitation, any software) available through the Website and Services; (x) not to use or launch any automated systems, including without limitation, “robots”, “spiders”, “crawlers”, or offline readers (other than those designed to assist visually impaired persons); and (xi) to comply with all applicable laws regarding your use of the Website and Services.
Protection of Intellectual Property Rights and Ownership
You acknowledge that content available through the Website and Services are protected by copyright, trademark and/or other proprietary rights and laws. You are granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any other license or right. This limited license terminates automatically, without notice to you, if you breach any of these Terms or if we terminate your use of the Website for any reason.
Policies and Enforcement
BeneRē has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas within the Website and Services. We may access information stored in our systems at any time and use the same internally for any lawful purpose. We may disclose such information to any third party, including law enforcement agencies, to protect our rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency. We may investigate any reported violation of our policies or complaints and take any action we deem appropriate, including without limitation, suspension or termination of your access and use of the Website or Services.
Disclaimer of Warranties with Respect to Use of the Website and Services
EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BENERE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OR NON-INFRINGEMENT OF A THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENERE DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECTS. USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK AND BENERE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. YOU AGREE THAT ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE IS USED AT YOUR OWN RISK.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW BENERE IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE WEBSITE, OR SERVICES OBTAINED THROUGH THE WEBSITE. YOU AGREE THAT BENERE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE WEBSITE) ARISING OUT OF USE OR INABILITY TO USE OF THE WEBSITE, SERVICES OR ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, BENERE’S TOTAL LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM USE OF THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SERVICES.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Except where otherwise prohibited by law, you agree to defend, indemnify, and hold harmless BeneRē, including its members, officers, agents, employees, and assigns from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your breach of these terms or misuse of the Website or Services.
Consent to Communication
You verify that the information provided to BeneRē, including your telephone number, email and mailing addresses are true and accurate and that by voluntarily providing such information, you expressly agree to be contacted at the numbers/addresses provided. You consent to receive communications from us (including our vendors) electronically and agree that we (including our vendors) may communicate with you by telephone or email or by posting notices on the Website.
Third-Party Content and Links
Applicable Law, Venue and Class Action Waiver
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM BASED ON YOUR USE OF OR ACCESS TO THE WEBSITE OR SERVICES IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notice for California Residents
Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
Prices of all Services, including but not limited to, monthly subscription pan fees to the Service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Website or within the Service itself.
3150 Republic Blvd. N
Toledo, OH 43615