Welcome to www.benelogic.com (the
"Website"), owned and operated by Benelogic, LLC ("We" or "Us"). We have
included a wealth of information and functionality for users of Our Website
("You"), all of which is provided subject to the following Terms of
Use:
When You access the Website, You represent and warrant that: (i) You have
read and understand these Terms of Use; (ii) You have and will access the
Website and provide information to Us with the bona fide intent to use or to
evaluate the Website, and not with an ulterior motive, such as to download
portions of the Website to compete with Us or provide information to one of Our
competitors; and (iii) in using the Website, You will comply with all applicable
international, country, federal and state laws, rules and regulations.
All words, pictures, graphs, charts and other matters presented or made
available on the Website are Copyright ©2002 Benelogic, LLC (the "Information").
By accessing and/or making use of the Website, You agree that We are not
offering for sale or selling the Information, but instead are granting You a
limited, royalty free, non-exclusive, revocable license to make use of the
Information presented on this Website for Your own personal or internal business
purposes. Unless otherwise set forth in a separate written agreement signed by
Us, You agree that this license does not permit You to: (i) download any
Information on this Website; (ii) sell the Information downloaded (or copied in
another form) for money, barter, exchange or other consideration; (iii)
redistribute the Information for free to anyone (except to Your bona fide
employees who need the Information for internal business purposes); (iv) make
any more than one print copy of the Information; (v) republish the Information
for any prohibited purpose, including commercial gain; or (vi) make any
alterations, additions or other modifications to the Information. All other
rights are expressly reserved.
All trademarks, service marks, tradenames or other identifying marks
displayed on the Website (the "Marks") are owned by Us and/or Our respective
licensors. Except as applicable law may otherwise provide, or except as agreed
to in writing by Us, We do not consent to any use of the Marks by any person and
do not grant You any right to use the Marks displayed on this Website.
You violate these Terms of Use when
You make any use of the Website to: (i) infringe or misappropriate the
intellectual property rights of others, including copyrights, trademarks,
service marks, trade secrets and patents; (ii) violate others' privacy,
publicity or other personal rights; (iii) advertise, transmit, store, post,
display or otherwise make available pornography or obscene speech or material;
(iv) transmit, display or post defamatory, harassing, abusive or threatening
language; and/or (v) engage in activities, whether lawful or unlawful, that We
determine in our sole and unfettered discretion to be harmful to other users of
the Website, Website operations, or Our reputation, goodwill or customer
relations.
We do not validate, error check or
otherwise confirm the truth or accuracy of Information posted on the Website; or
review, edit, censor or warrant the quality or accuracy of Information that
users may acquire from the Website. By making use of the Website, You agree not
to sue or make any claim of any kind against Us regarding Information posted or
available on the Website. When We become aware of harmful activities, in our
sole and unfettered discretion We may take steps to stop the harmful activity,
such as removing the offending materials, using screening software to block
offending materials, denying the offender access to the Website, or any other
action We deem appropriate. We are required to notify law enforcement when We
become aware of the presence of child pornography on or transmitted through the
Website; and to remove or block access to content or postings upon receipt of a
proper notice of copyright infringement. It is also Our policy to terminate
users who commit repeat violations of copyright laws. All remedies are
non-exclusive.
WHILE EVERY EFFORT IS MADE TO
REPORT ACCURATE AND TRUTHFUL INFORMATION, WE AND OUR SUPPLIERS AND CONTRIBUTORS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION
PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND
NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR
SUPPLIERS AND CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE ON THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION,
CONTENT, COMPUTER PROGRAM, EFFORTS OR ANY SYSTEM PROVIDED BY US WILL FULFILL ANY
OF YOUR PARTICULAR PURPOSES OR NEEDS. WE EXPRESSLY DISCLAIM ANY AND ALL
LIABILITY FOR THE ACCURACY, SUITABILITY AND QUALITY OF INFORMATION PROVIDED
THROUGH THE WEBSITE. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY
CLAIM AGAINST US IN RESPECT OF THE WEBSITE IS FOR US TO REPAIR, REPLACE OR
OTHERWISE CORRECT THE INFORMATION POSTED THEREON.
We permit reasonable,
good faith and non-defamatory links to the Website so long as: (i) it is clear
in the link reference that We have not endorsed the contents of the referring
page, and that any statements made have not been reviewed or approved by Us; and
(ii) no use is made of Our trademarks (though the wordmarks may be used if
proper credit is provided on the page [e.g. "Benelogic®" is a registered
trademark of Benelogic, LLC]. We do not consent to "framing" Our content or
Information inside of any other page.
If You post or provide any Information, images
or content onto the Website, or if You violate any provision of these Terms of
Use or the Privacy Statement, You are liable to Us for Your actions, and in the
event We are threatened with lawsuit or are sued by any person on account of
Your activities, including but not limited to any claim of infringement of
intellectual property rights, You agree to indemnify, defend and hold harmless
Us and Our employees, directors, affiliates, subsidiaries, users and customers,
from and against all claims, demands, damages and losses claimed by such person,
and You agree to and shall pay all related costs and expenses, including
reasonable legal fees, that We incur.
Any software that is made available through login
or for download from Our Website, including and not limited to the Enrollment
System (the "Software"), is the copyrighted work of Us and/or Our licensors. Use
of such Software is licensed under terms of use specific to the Software that
You must agree to upon Your first login to the Software (the "License"). All
Software is made available for use solely by end users in accordance with the
License, and is warranted, if at all, under the terms of the License. Any use,
reproduction or distribution of the Software not in accordance with the License
is prohibited by law. If You wish to review the License prior to making any use
of the Software, contact Us at info@benelogic.com
and we will direct you accordingly.
These Terms of Use co-exist with our
Privacy Statement, and together both policies govern the general practices and
Your usage of this Website. Your use of the Website at any time shall be deemed
conclusive evidence of Your agreement that Your license to access and use the
Website is governed by these Terms of Use and our Privacy Statement. We
encourage You to familiarize yourself with both policies. Our Website Privacy
Statement may found at the Website home page.
We may change
these Terms of Use at any time by posting revisions to Our Website. Your use of
this Website constitutes acceptance of the provisions of these Terms of Use and
Your continued usage after such changes are posted constitutes acceptance of
each revised Terms of Use. If You do not agree to the terms and conditions of
these Terms of Use or any revised policy, please exit this Website
immediately.
Questions or comments regarding these Terms of Use should be directed to
Us at info@benelogic.com.
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