Terms of Use



Welcome to www.ebensite.com.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:

1. Accessing the Website.

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.

2. Copyrights; Limiting License to Information.

All words, pictures, graphs, charts and other matters presented or made available on the Website are Copyrighted by 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.

3. No License to Trademarks.

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.

4. Misuse of the 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.

5. Available Remedies.

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.

6. Disclaimer as to Information.

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.

7. Linking to the Domains; "No Framing."

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.

8. Indemnity.

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.

9. Software.

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 compliance@benelogic.com and we will direct you accordingly.

10. Privacy Statement.

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.

11. Acceptance; Changes to These Terms of Use.

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 compliance@benelogic.com.
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