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Terms of Use

These Terms of Use (“Terms of Use”) explain a contractual agreement between you (“you,” “your”, “visitors”) and Benco Dental Supply Co. (“we,” “us,” “our”, “Benco”), regarding your use of the Web Site and any related applications (benco.com, shop.benco.com, cdn.benco.com, painless.benco.com and other associated Benco Dental web properties), functionality, services, content, and access to the web site or related applications (collectively “Provider Web Site”). These Terms of Use may be updated and amended by us from time to time as provided herein.

AGREEMENT TO TERMS OF USE.
By using the Provider Web Site, you agree to these Terms of Use as amended from time to time. Furthermore, when you access the Provider Web Site and  various other places on or through the Provider Web Site, you specifically acknowledge your agreement with the most current version of these Terms of Use. The failure to include a specific acknowledgment at any point on the Provider Web Site shall not be construed to diminish the applicability or effectiveness of these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

CHANGE TO TERMS.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Provider Web Site after the posting of changes to these Terms of Use will mean you agree to abide by those changes. Any proposed amendment to these Terms of Use by you must be agreed to by us in writing or the same shall not be binding.

GENERAL TERMS OF USE
You are responsible for maintaining the confidentiality of your account credentials, and you are responsible for all activities that occur using your credentials. You also acknowledge that your account and credentials are personal to you and agree not to provide any other person with access to the Provider Web Site or portions of it using your user name, password, or other security information.  You agree not to disclose or share your credentials and will notify us within 24 hours if any of your credentials are lost, stolen, or if you are aware of any unauthorized use of your credentials or account.  You may only use the credentials that were provided to you by Benco. Use  of any other credentials is unauthorized.We have the right to disable any user name, password, or other credential, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Provider Web Site in breach of the Terms of Use, your right to use the Provider Web Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Provider Web Site or any content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Provider Web Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

CONTENT OWNERSHIP.
The Provider Web Site, and all intellectual property rights included in or associated with the Provider Web Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Provider Web Site and Content remains with us. Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of browsing such web site, material from the Provider Web Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Provider Web Site or in the Content.

DISCLAIMER OF WARRANTIES.
The material in this site could include technical inaccuracies or typographical errors. YOU USE PROVIDER WEB SITE AT YOUR OWN RISK. PROVIDER WEB SITES ARE PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROVIDER WEB SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Provider Web Site, that defects will be corrected, or that the Provider Web Site or the servers that make it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY.
We are an online service provider; we are not responsible for any loss or injury whatsoever due to Content or other information published through this Provider Web Site. The Provider Web Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data, old or outdated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Provider Web Site. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

TERMINATION.
We may, in our sole discretion and at any time, discontinue the Provider Web Site, either in part or in whole, with or without notice. You agree that any termination of your access to the Provider Web Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.

PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Provider Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Provider Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique. The use of automated systems or manual processes to extract data from  the Provider Web Site for commercial purposes, (‘screen scraping’) is prohibited.  The use of automated systems to input data into  the Provider Web Site for commercial or other purpose is prohibited without prior written authorization from Benco.

PRODUCT INFORMATION.
Benco attempts to be as accurate as possible with respect to product information. However, Benco does not warrant that product descriptions or other content (including images & shipping estimates) of any  product is accurate, complete, reliable, current, or error-free. If a claim is made that a product on the Provider Web Site is not as described, your sole remedy is to return the product in unused condition and in accordance with Benco’s return policy.

PRICING.
With respect to  products offered for sale on the Provider Web Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Benco is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

LINKING AND THIRD-PARTY CONTENT.
The Provider Web Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Provider Web Site may contain news, information, or pricing published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.

LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Provider Web Site and (ii) release of information to and retrieval of information from the Provider Web Site.

INDEMNIFICATION.
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Provider Web Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to Benco ; and/or (iv) any intentional wrongdoing by you.

ASSIGNMENT.
You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Provider Web Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

CONTACT.
If you have any problems, questions or complaints about these Terms of Use please contact us by email at ithelp@benco.com.

GOVERNING LAW, ARBITRATION AND JURISDICTION.
You recognize that, although the Internet can be accessed from anywhere in the world, the Provider Web Site is located in the Commonwealth of Pennsylvania, United States of America, and that when you access the Provider Web Site, you are doing so in the Commonwealth of Pennsylvania, United States of America. The Provider Web Site is intended for use only by persons located in the United States. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of law  or the federal laws of the United States of America. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PROVIDER WEB SITE SHALL BE FILED ONLY IN LUZERNE COUNTY, PENNSYLVANIA, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN LUZERNE COUNTY, PENNSYLVANIA.

REVIEWS, COMMENTS, AND OTHER USER-GENERATED CONTENT.
Visitors may post reviews, comments, messages, and other content; send e-cards; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Benco reserves the right (but not the obligation) to remove or edit such content,.

If you do post content or submit material, and unless we indicate otherwise, you grant Benco a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Benco and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Benco for all claims resulting from content you supply. Benco has the right but not the obligation to monitor and edit or remove any activity or content. Benco takes no responsibility and assumes no liability for any content posted by you or any third party.

PRIVACY POLICY.
By agreeing to these Terms of Use, you also agree to our Privacy Policy located at https://www.benco.com/privacy-policy/ which is incorporated herein by reference. Like these Terms of Use, the Privacy Policy is subject to change from time to time. Your continued use of the Provider Web Site constitutes your acceptance to any changes to the Privacy Policy. This website uses a cookie that collects anonymous traffic data for purposes of understanding our web site traffic.

MISCELLANEOUS.
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

BY USING THE PROVIDER WEB SITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE AT VARIOUS TIMES ON THE PROVIDER WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

02/13/2019
Version 3.0

Please Note: These Terms of Use contain an exclusive jurisdiction clause, an arbitration clause, indemnification obligations, disclaimers of warranties and limitations of liability. Please review these Terms of Use in their entirety.