Your access to The Benson Table's web site, hereafter The Benson Table, is subject to the following Terms of Use.
These Terms of Use constitute a binding agreement between
The Benson Table and you. Periodically, these Terms of
Use may be updated without notice to you. It is your
responsibility to periodically review these Terms of
Use for applicable changes. Your using the web
site after our posting of any changes to these Terms
of Use will constitute your acceptance of those changes.
Questions about these Terms of Use, should be directed
to info@bensontable.org. Should you disagree with any
changes, you should immediately cease using the The Benson Table web site.
Privacy
Policy: The personally-identifiable
information that you provide us on The Benson Table web site is subject to our Privacy Policy,
which is a part of these Terms of Use. Please
take the time to review the information below.
Information
you provide voluntarily via our online forms is kept
in the strictest confidence
and is intended for use by The Benson Table or The Benson Table suppliers as may be needed.
We ask for
your name, address and contact information so we
can send you your order
or responde to your request for information, and
so we can contact you if we have a question about your
order or request. Credit card information may be
supplied to the company or companies who process your credit
card payment. We may share your name and address
with other companies whose products we think you may be
interested
in. We do not share any other information with third
parties, except in the case of contact or order information
needed to fulfill your order or answer your request.
We do not share or sell email addresses.
Occasionally
we might provide links to other sites we think you will find useful.
These sites are independent of The Benson Table and should have established their own
privacy and security policies. You should review
the privacy policies of
these sites before providing them with your information.
For
questions, comments or assistance with any privacy-related
issues, we invite
you to contact us at info@bensontable.org.
Your
Use of The Benson Table's Web Site: You may not
reproduce, duplicate, copy, sell, or otherwise transfer
or commercially exploit The Benson Table's web site (or any portion of it), unless
you have The Benson Table's express written permission to do so.
You may only use The Benson Table web site in accordance with these Terms
of Use and all applicable laws, rules, and regulations. In
the event The Benson Table believes that you have failed to comply
with all terms applicable to your use of The Benson Table web site, you agree that The Benson Table has the right, in its sole discretion
and without notice, to restrict your access to this
or any
other The Benson Table site. The Benson Table may also, in its sole discretion and at
any time, discontinue any The Benson Table web site, or any part thereof, with or
without notice. You agree that you do not have
any rights in The Benson Table web site and that The Benson Table will have no liability to you if the The Benson Table web site is discontinued or your ability
to access The Benson Table web site is terminated.
Communications
with The Benson Table: You consent to
receipt of electronic communications from The Benson Table, and agree that all agreements, notices,
and other disclosures communicated to you by The Benson Table electronically (whether by electronic
mail, by posting at this web site, or by other electronic
means) satisfy any legal requirement that such communication
be in writing.
Your communications with The Benson Table,
including transmission of order requests, submission
of testimonials, or the uploading of images, constitute
electronic communications. You grant to The Benson Table a perpetual, irrevocable, worldwide,
non-exclusive, transferable, royalty-free right to
use all information
and materials that you submit to us, including the
right to exercise copyright and publicity rights,
in any media,
in connection with The Benson Table web site.
Links:
Through the The Benson Table web site,
you may be able to access links to other World Wide
Web sites. Because The Benson Table has
no control over such sites, you acknowledge and agree
that The Benson Table is not responsible for,
and has no liability with respect to, the availability
(or unavailability) of such sites, for the treatment
of your personally-identifiable information by such
sites, or for the information, products, content or
other materials on or available from such sites or
resources.
If you would like information on any other site’s
privacy policy, you should contact that party directly,
and we encourage you to do so.
Disclaimers – You
acknowledge and agree that:
a. YOUR
USE OF THIS WEB SITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE
THROUGH
OUR WEB SITE ARE PROVIDED TO YOU ON AN “AS IS”
AND “AS AVAILABLE” BASIS. The Benson Table EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Because our web site is provided to you “AS
IS,” you agree that The Benson Tableshall not be liable to you or to any third
party for any delay in delivery of, or failure to deliver,
any of your communications or other information you
submit using our web site. Because our web
site is provided to you “AS AVAILABLE,” you
agree that The Benson Table shall not be liable to you or to any third
party for any modification, suspension, or discontinuance
of the The Benson Table web
site or of your ability to access it.
b.
The Benson Table also disclaims any warranty that (i)
our web site will meet your requirements, (ii) our
web site’s
operation will be uninterrupted, timely, secure, or
error-free, and (iii) any information or communication
that may be obtained from the use of our web site
will
be accurate or reliable (and The Benson Table disclaims any liability for damages that
may arise from your reliance on any such information
or communication)
or are free of viruses or other harmful components.
c. You
assume the full responsibility and risk for any damage
to your computer or other consequences that result
from your downloading any information, software,
or
other materials through our web site. The Benson Table shall have no liability for any damage
to your computer, including loss of data, that results
from your downloading
any such materials.
d.
The Benson Table shall not be responsible for
any order request if it is received in an unintelligible
or garbled form. However, The Benson Table will make reasonable efforts to notify
the sending party (if the sending party is identifiable
from the received
order request) that the order request was unintelligible
or garbled. Some states do not allow the disclaimer
of implied warranties, so this provision may not
apply
to you.
Limitation
of Liability: YOU
AGREE THAT The Benson Table SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT
LIMITED
TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE,
OR DATA (EVEN IF The Benson Table HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (a)
YOUR USE OF OR INABILITY TO USE The Benson Table WEB SITE; (b) THE COST YOU INCUR TO SUBSTITUTE
FOR ANY GOODS YOU PURCHASED THROUGH The Benson Table WEB SITE; (c) ACCESS TO OR ALTERATION
OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER
INFORMATION IN AN UNAUTHORIZED
MANNER; (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD
PARTY RELATED TO THE The Benson Table WEB SITE,
INCLUDING OUR ADVERTISERS AND BUSINESS PARTNERS; OR
(e) ANY OTHER MATTER RELATING TO THE The Benson Table WEB SITE. Some states do not allow
the limitation of liability, so this provision may
not
apply to you.
Indemnity: You agree to defend,
indemnify, and hold The Benson Table harmless from and against all losses,
costs, damages, liabilities, and expenses (including
reasonable attorneys’
fees, court costs, and other litigation and arbitration
expenses) (“Losses”) related to or arising
from: (a) negligent acts or omissions or intentional
misconduct with respect to your use of the The Benson Table web site or goods purchased from the The Benson Table web site; or (b) claims for infringement
of the proprietary rights of any third party resulting
from
your use of the The Benson Table web site or
goods purchased from the The Benson Table web
site in violation of these Terms of Use.
Term
and Termination: These Terms of Use
are effective upon your acceptance signafied by your
using the site and shall continue until terminated
in
accordance with this Section. Either party may
terminate these Terms of Use at any time upon thirty
(30) days’ prior written notice. The Benson Table also reserves the right to terminate its
relationship with you at any time. Upon termination
of these Terms of Use, you shall immediately cease
accessing
the The Benson Table web site except to the
extent necessary to effectuate any of your obligations
or rights arising under any orders that are intended
to continue beyond such termination. In the event collections
proceedings or legal action become necessary, you agree
to pay all of The Benson Table costs and fees
incurred, including attorney's fees.
Intellectual
Property: The
content that The Benson Table provides on our
web site, including, but not limited to, text, graphics,
images, and logos, is owned by either The Benson Table or the party that has provided the content
to us and is protected by U.S. and international copyright
laws. The Benson Table is the sole and exclusive owner
of its compilation of this content on our web site,
and this compilation is also protected by U.S. and
international
copyright laws. Unpermitted copying of any of
this content could lead to copyright infringement.
The Benson Table, and other logos, slogans, and
product and service names used on this site are trademarks
owned by The Benson Table, its subsidiaries, or
its affiliates. You agree not to display or use
such trademarks, in any manner, without the written
permission of The Benson Table. Trademarks
and trade names of third parties are the property of
those third parties, and are used by The Benson Table subject to license, or subject to the
fair use provisions of U.S. trademark law.
General:
You agree that these Terms of Use describe the
entire agreement between us with respect to its subject
matter. The Benson Table web site was created
and is operated under the laws of the State of Pennsylvania. The laws of the State of Pennsylvania will control the
Terms of Use provided in these Terms and Conditions,
without giving effect to any principles of conflict
of laws. Any cause of action arising out of these
Terms of Use shall be determined in the federal and
state courts sitting in the State of Pennsylvania. If a court of competent jurisdiction
finds that any provision of these Terms of Use are
invalid or unenforceable,
we both agree that the other provisions of these Terms
of Use will remain in full force and effect.
You agree
that regardless of any applicable law to the contrary,
you cannot file a claim or cause of action
arising out of or related to the The Benson Table web site or these Terms of Use more
than one (1) year after such claim or cause of action
arose.
The Benson Table will not be liable to you or
be deemed to be in breach of its obligations hereunder
for any delay or failure in performance caused
by acts beyond The Benson Table reasonable control,
including, without limitation, acts of God, war,
terrorism, accidents, fires, floods, strikes, labor
disputes,
mechanical
breakdown, shortages or delays in obtaining supplies,
materials, labor, or transportation, interruption
of utility services or the Internet, acts of any
unit
of
government or any governmental agency, or any similar
or dissimilar cause.
