Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- BenHolmesOnline.com (hereafter “COMPANY”) grants you permission to temporarily download, or otherwise access one copy of the materials on this website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on COMPANY’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by COMPANY at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on COMPANY’s web site are provided “as is”. COMPANY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, COMPANY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall COMPANY or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on COMPANY’s Internet site, even if COMPANY or a COMPANY authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on COMPANY’s web site could include technical, typographical, or photographic errors. COMPANY does not warrant that any of the materials on its web site are accurate, complete, or current. COMPANY may make changes to the materials contained on its web site at any time without notice. COMPANY does not, however, make any commitment to update the materials.
COMPANY has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by COMPANY of the site. Use of any such linked web site is at the user’s own risk.
8. Limitation of Damages
In no event will COMPANY or any of its affiliates be liable for any consequential, indirect, incidental, or special damages whatsoever, including without limitation damages for loss of profits, business interruption, loss of or unauthorized access to information, and the like, even in the event of fault, tort, breach of contract, or breach of warranty, and even if we have been advised of the possibility of such damages.
9. Limitation of Liability; Exclusive Remedy
In no event COMPANY, or any of its affiliates be liable to you and/or any agency for any amount in excess of the total dollar amount actually received by us from you for access to the site and any of the services available at the site during the year prior to your claim.
You agree to indemnify and hold COMPANY harmless, and pay COMPANY’s attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of COMPANY.
11. Governing Law
Any claim relating to COMPANY’s web site shall be governed by the laws of our state of residence without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
12. Subscriber Agreement
Your access to and use of the Site is governed by this Subscriber Agreement (“Agreement”). As used in this Agreement, “we,” “us'” or “our” refers to this website, and “you” or “your” refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site.
13. Access and Passwords
As part of the subscription process for this website, you have selected or been assigned a particular username and password in accordance with our username and password guidelines. You agree that you are the only individual entitled to access the website using the username and password assigned. You agree not to permit others to access the website using your username and password for any reason. You agree that all actions taken by you, or any other user that accesses the website using your username and password, at or through the website will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the website and any services available on it by you or others using your username or password.
14. Affiliate Relationship and Material Connection Disclosure
You should assume that COMPANY has an affiliate relationship or other material connection to the providers of goods and services mentioned by, recommended, hyperlinked to, or otherwise referenced on this website. You should further assume that COMPANY may be compensated financially, or in some other fashion, when you visit, make a purchase of goods or services, or take any other action on a third-party website mentioned by, recommended, or hyperlinked to by COMPANY. You should always perform due diligence before buying any goods or services online or offline.