CHANGE TO TERMS.
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.
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.
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.
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.
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.
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.
GOVERNING LAW, ARBITRATION AND JURISDICTION.
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.