AGREEMENT BETWEEN USER AND BENEBONE

The Benebone, LLC (“Benebone”) website located at www.benebone.com is comprised of various Web Pages owned and operated by Benebone (“website”).  These Terms of Use govern your access to and use of the Benebone website .  The Benebone website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of the Benebone website will be deemed to be your agreement and acceptance to these Terms of Use.

MODIFICATION OF THESE TERMS OF USE

Benebone reserves the right, at any time and for any reason, to change the terms, conditions, and notices under which the Benebone website is offered, including but not limited to the charges associated with the use of the Benebone website .  Should you not agree or if you cannot agree to the amended terms, you must cease all use of the Benebone website .

LOCAL COMPLIANCE

Benebone makes no representation that the content on the Benebone website is appropriate pursuant to your local laws or regulations.  If the contents of the Benebone website , including the services and products described in the Benebone website , are contrary to your local laws or regulations, you are not authorized to access or use the website.  If you access the Benebone website from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.

LINKS TO THIRD PARTY SITES

The Benebone website may contain links to third-party website (the “Linked Sites”).  The Linked Sites are not under the control of Benebone and Benebone is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Benebone is not responsible for webcasting or any other form of transmission received from any Linked Site.  Benebone is providing these links to you only as a convenience, and the inclusion of any link does not imply a relationship or endorsement by Benebone of the Linked Site or any association with its operators.

 
NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Benebone website , you warrant to Benebone that you will not use the Benebone website for any purpose that is unlawful or prohibited by these terms, conditions, and notices set forth in this Terms of Use.  You may not use the Benebone website in any manner which could damage, disable, overburden, or impair the Benebone website or interfere with any other party’s use and enjoyment of the Benebone website .  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Benebone website .

 
MATERIALS PROVIDED TO BENEBONE OR POSTED AT ANY BENEBONE WEBSITE

Benebone does not claim ownership of the information, materials, or products that you provide to Benebone (including feedback and suggestions) or post, upload, input or submit to the Benebone website or its associated services (collectively “Submissions”).  However, any Submissions sent to Benebone will be deemed NOT to be confidential.  By posting, uploading, inputting, providing or submitting your Submission, you are granting Benebone, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Benebone is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Benebone’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

BENEBONE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE BENEBONE WEBSITE FOR ANY PURPOSE.  YOUR USE OF THE BENEBONE WEBSITE IS AT YOUR SOLE RISK AND THE BENEBONE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BENEBONE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BENEBONE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BENEBONE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE BENEBONE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BENEBONE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BENEBONE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BENEBONE, A BENEBONE AGENT, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SERVICE CONTACT:

Use to the contact form.

TERMINATION/ACCESS RESTRICTION

Benebone reserves the right, in its sole discretion, to terminate your access to the Benebone website and the related services or any portion thereof at any time, without notice.

ASSIGNABILITY; SEVERABILITY

We may assign these Terms of Use to an affiliated company or, in the event of a merger, sale or acquisition of us or our assets related to the Benebone website, to the surviving or successor entity. You may not assign these Terms of Use or these rights and obligations without our prior written consent.  If any provision of these Terms of Use is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms of Use shall not be affected thereby and shall remain in force and effect.

LAWS GOVERNING

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A.  Should there be any dispute arising out of or relating to the use of the Benebone website, you hereby consent to the exclusive jurisdiction and venue of courts in New York City, New York, U.S.A. and waive all objections thereto.  Use of the Benebone website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

COPYRIGHT AND TRADEMARK NOTICES:

All trademarks on the Benebone website, including our logos, are owned exclusively by Benebone or licensed from third parties.

All contents of the Benebone website are: Copyright 2023 by Benebone, LLC, authorized Benebone affiliates, authorized licensees and/or its suppliers.  Nothing contained on the Benebone website should be construed as granting any license or right to use any of the Benebone website without written consent from Benebone.  All rights reserved.