|
You are here: Site Terms of Use
|
Site best viewed on Firefox, Chrome, Safari, and Explorer 10+
|
Terms and Conditions of Use
SITE TERMS OF USE AND LEGAL RESTRICTIONS
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, GRAPHICS, OR PHOTOGRAPHS) THAT BENCO CONSTRUCTION, INC. MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY PRODUCTS OR SERVICES THAT BENCO CONSTRUCTION, INC. MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, PRODUCTS AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “BENCO CONSTRUCTION, INC. WEBSITE.”
USE OF OUR WEBSITE
Except as set forth in “Other agreements; services or access”, below, BENCO CONSTRUCTION, INC. authorizes you to use the Benco Construction, Inc. Website only for your own personal, non-commercial purposes. Use of the Benco Construction, Inc. Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Benco Construction, Inc., Benco Construction, Inc. owns the Benco Construction, Inc. Website. The Benco Construction, Inc. Website is protected under United States and international copyright laws. Any unauthorized use of the Benco Construction, Inc. Website may violate copyright, trademark, and other laws.
ACCESSING OUR SITE
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Benco Construction, Inc. Website and for paying all charges related thereto. When you contact us through the Benco Construction, Inc. Website for the purpose of receiving products or services, Benco Construction, Inc. may collect certain personal information about you. Benco Construction, Inc.’s use of such information is governed by the provisions of the Benco Construction, Inc. Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information.
PROHIBITED USES
You agree not to use the Benco Construction, Inc. Website (including, without limitation, any Materials or Services you may obtain through your use of the Benco Construction, Inc. Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Benco Construction, Inc. Website or servers or networks connected to the Benco Construction, Inc. Website. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the Benco Construction, Inc. Website; or (f) attempt to gain unauthorized access to any portion of the Benco Construction, Inc. Website or any other accounts, computer systems, or networks connected to the Benco Construction, Inc. Website, whether through hacking, password mining, or any other means.
TERMINATION
Except as set forth in “Other agreements; software, services or access”, below, Benco Construction, Inc. may terminate, suspend, or modify your registration with, or access to, all or part of the Benco Construction, Inc. Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Benco Construction, Inc. Website at any time. If you breach any of these Terms, your authorization to use the Benco Construction, Inc. Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
DISCLAIMERS
THE BENCO CONSTRUCTION, INC. WEBSITE IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE BENCO CONSTRUCTION, INC. WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT BENCO CONSTRUCTION, INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. BBENCO CONSTRUCTION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE BENCO CONSTRUCTION, INC. WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BENCO CONSTRUCTION, INC. MAKES NO WARRANTY THAT THE BENCO CONSTRUCTION, INC. WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE BENCO CONSTRUCTION, INC. WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE BENCO CONSTRUCTION, INC. WEBSITE WILL BE CORRECTED. BENCO CONSTRUCTION, INC. MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BENCO CONSTRUCTION, INC. WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BENCO CONSTRUCTION, INC. WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE BENCO CONSTRUCTION, INC. WEBSITE OR FROM BENCO CONSTRUCTION, INC., ITS SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “BENCO CONSTRUCTION, INC. PARTIES”) SHALL CREATE ANY WARRANTY. BENCO CONSTRUCTION, INC. DISCLAIMS ALL EQUITABLE INDEMNITIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL ANY OF THE BENCO CONSTRUCTION, INC. PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE BENCO CONSTRUCTION, INC. WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE BENCO CONSTRUCTION, INC. WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY BENCO CONSTRUCTION, INC. PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Benco Construction, Inc. Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Benco Construction, Inc. Party’s liability shall be the minimum permitted under such applicable law.
MODIFICATIONS TO OUR SITE
Benco Construction, Inc. reserves the right to modify, suspend, or discontinue the Benco Construction, Inc. Website at any time without notice to you. For example, Benco Construction, Inc. may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Benco Construction, Inc. makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Contact Benco Construction, Inc. directly for information regarding the products, programs, and services that may be available to you.
MAKING SUBMISSIONS TO OUR SITE
Certain areas of the Benco Construction, Inc. Website may permit you to submit feedback, information, data, text, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Benco Construction, Inc. an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Benco Construction, Inc. deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any product, or service). Benco Construction, Inc. reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Benco Construction, Inc. may, but is not obligated to, pre-screen User Submissions or monitor any area of the Benco Construction, Inc. Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Benco Construction, Inc. is not required to host, display, or distribute any User Submissions on or through the Benco Construction, Inc. Website and may remove at any time or refuse any User Submissions for any reason. Benco Construction, Inc. is not responsible for any loss, theft, or damage of any kind to any User Submissions. Benco Construction, Inc. does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Benco Construction, Inc. will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Benco Construction, Inc. does not guarantee that you will have any recourse through Benco Construction, Inc. or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
LINKING TO THIRD-PARTY WEBSITES
Links on the Benco Construction, Inc. Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Benco Construction, Inc. Website. Benco Construction, Inc. is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Benco Construction, Inc. does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to or from the Benco Construction, Inc. Website, you do this entirely at your own risk.
LINKING TO OUR SITE
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent Benco Construction, Inc.’s written authorization otherwise, a website that links to this Site:
TRADEMARKS
Benco Construction, Inc. and any other product or service name or slogan or logo contained in the Benco Construction, Inc. Website are trademarks of Benco Construction, Inc. and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Benco Construction, Inc. or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Benco Construction, Inc. or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of Benco Construction, Inc. without Benco Construction, Inc.’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Benco Construction, Inc. and may not be copied, imitated, or used (in whole or in part) without Benco Construction, Inc.'s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Benco Construction, Inc.
PROCEDURES FOR MAKING INFRINGEMENT CLAIMS
Benco Construction, Inc. respects the intellectual property rights of others. Accordingly, Benco Construction, Inc. has a policy of removing User Submissions that violate copyright law, suspending access to the Benco Construction, Inc. Website (or any portion thereof) to any user who uses the Benco Construction, Inc. Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Benco Construction, Inc. Website in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Benco Construction, Inc. has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Benco Construction, Inc. Website, please provide written notice to the following for notice of claims of infringement:
Attn: Infringement Officer
Benco Construction, Inc.
39 Walnut Grove Court
Suwanee, GA 30024
Tel: 404-925-3001
Fax: 404-549-4651
Email: [email protected]
Your written notice must:
Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement, as they will be deleted upon receipt.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Benco Construction, Inc. Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Benco Construction, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Benco Construction, Inc.’s defense of such claim.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to Benco Construction, Inc., you are communicating with Benco Construction, Inc. electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Benco Construction, Inc. provides to you electronically satisfy any legal requirement that such communications be in writing.
GENERAL
These Terms, together with any additional terms to which you agree when using particular elements of the Benco Construction, Inc. Website, constitute the entire and exclusive and final statement of the agreement between you and Benco Construction, Inc. with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Benco Construction, Inc. with respect to such subject matter. The Benco Construction, Inc. Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Benco Construction, Inc. shall be governed by the laws of the State of Georgia as applied to agreements made, entered into, and performed entirely in Georgia by Georgia residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Benco Construction, Inc. Website shall be brought in the Federal or State courts located in Gwinnett County, Georgia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Benco Construction, Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Benco Construction, Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Benco Construction, Inc. Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Benco Construction, Inc. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Benco Construction, Inc. without restriction.
MODIFICATION TO THESE TERMS
Benco Construction, Inc. may, in its sole and absolute discretion, change these Terms from time to time. Benco Construction, Inc. will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Benco Construction, Inc. Website. Continued use of the Benco Construction, Inc. Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Benco Construction, Inc. Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Last Update: August 1, 2013
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, GRAPHICS, OR PHOTOGRAPHS) THAT BENCO CONSTRUCTION, INC. MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY PRODUCTS OR SERVICES THAT BENCO CONSTRUCTION, INC. MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, PRODUCTS AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “BENCO CONSTRUCTION, INC. WEBSITE.”
USE OF OUR WEBSITE
Except as set forth in “Other agreements; services or access”, below, BENCO CONSTRUCTION, INC. authorizes you to use the Benco Construction, Inc. Website only for your own personal, non-commercial purposes. Use of the Benco Construction, Inc. Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Benco Construction, Inc., Benco Construction, Inc. owns the Benco Construction, Inc. Website. The Benco Construction, Inc. Website is protected under United States and international copyright laws. Any unauthorized use of the Benco Construction, Inc. Website may violate copyright, trademark, and other laws.
ACCESSING OUR SITE
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Benco Construction, Inc. Website and for paying all charges related thereto. When you contact us through the Benco Construction, Inc. Website for the purpose of receiving products or services, Benco Construction, Inc. may collect certain personal information about you. Benco Construction, Inc.’s use of such information is governed by the provisions of the Benco Construction, Inc. Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information.
PROHIBITED USES
You agree not to use the Benco Construction, Inc. Website (including, without limitation, any Materials or Services you may obtain through your use of the Benco Construction, Inc. Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Benco Construction, Inc. Website or servers or networks connected to the Benco Construction, Inc. Website. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the Benco Construction, Inc. Website; or (f) attempt to gain unauthorized access to any portion of the Benco Construction, Inc. Website or any other accounts, computer systems, or networks connected to the Benco Construction, Inc. Website, whether through hacking, password mining, or any other means.
TERMINATION
Except as set forth in “Other agreements; software, services or access”, below, Benco Construction, Inc. may terminate, suspend, or modify your registration with, or access to, all or part of the Benco Construction, Inc. Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Benco Construction, Inc. Website at any time. If you breach any of these Terms, your authorization to use the Benco Construction, Inc. Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
DISCLAIMERS
THE BENCO CONSTRUCTION, INC. WEBSITE IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE BENCO CONSTRUCTION, INC. WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT BENCO CONSTRUCTION, INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. BBENCO CONSTRUCTION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE BENCO CONSTRUCTION, INC. WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BENCO CONSTRUCTION, INC. MAKES NO WARRANTY THAT THE BENCO CONSTRUCTION, INC. WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE BENCO CONSTRUCTION, INC. WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE BENCO CONSTRUCTION, INC. WEBSITE WILL BE CORRECTED. BENCO CONSTRUCTION, INC. MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BENCO CONSTRUCTION, INC. WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BENCO CONSTRUCTION, INC. WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE BENCO CONSTRUCTION, INC. WEBSITE OR FROM BENCO CONSTRUCTION, INC., ITS SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “BENCO CONSTRUCTION, INC. PARTIES”) SHALL CREATE ANY WARRANTY. BENCO CONSTRUCTION, INC. DISCLAIMS ALL EQUITABLE INDEMNITIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL ANY OF THE BENCO CONSTRUCTION, INC. PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE BENCO CONSTRUCTION, INC. WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE BENCO CONSTRUCTION, INC. WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY BENCO CONSTRUCTION, INC. PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Benco Construction, Inc. Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Benco Construction, Inc. Party’s liability shall be the minimum permitted under such applicable law.
MODIFICATIONS TO OUR SITE
Benco Construction, Inc. reserves the right to modify, suspend, or discontinue the Benco Construction, Inc. Website at any time without notice to you. For example, Benco Construction, Inc. may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Benco Construction, Inc. makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Contact Benco Construction, Inc. directly for information regarding the products, programs, and services that may be available to you.
MAKING SUBMISSIONS TO OUR SITE
Certain areas of the Benco Construction, Inc. Website may permit you to submit feedback, information, data, text, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Benco Construction, Inc. an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Benco Construction, Inc. deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any product, or service). Benco Construction, Inc. reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Benco Construction, Inc. may, but is not obligated to, pre-screen User Submissions or monitor any area of the Benco Construction, Inc. Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Benco Construction, Inc. is not required to host, display, or distribute any User Submissions on or through the Benco Construction, Inc. Website and may remove at any time or refuse any User Submissions for any reason. Benco Construction, Inc. is not responsible for any loss, theft, or damage of any kind to any User Submissions. Benco Construction, Inc. does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Benco Construction, Inc. will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Benco Construction, Inc. does not guarantee that you will have any recourse through Benco Construction, Inc. or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you are at least 13 years old;
- you own all rights in your User Submissions or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Benco Construction, Inc. the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- you are the individual represented in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears in your User Submissions to grant the rights to Benco Construction, Inc. described herein;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
LINKING TO THIRD-PARTY WEBSITES
Links on the Benco Construction, Inc. Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Benco Construction, Inc. Website. Benco Construction, Inc. is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Benco Construction, Inc. does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to or from the Benco Construction, Inc. Website, you do this entirely at your own risk.
LINKING TO OUR SITE
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent Benco Construction, Inc.’s written authorization otherwise, a website that links to this Site:
- may link to, but shall not replicate, any Materials (including any Benco Construction, Inc.'s logo, tagline or advertisement);
- shall not create a browser or border environment around any Materials;
- shall not imply that Benco Construction, Inc. endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with Benco Construction, Inc.;
- shall not present false or misleading information about Benco Construction, Inc., its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- shall contain only content that is appropriate for all age groups.
TRADEMARKS
Benco Construction, Inc. and any other product or service name or slogan or logo contained in the Benco Construction, Inc. Website are trademarks of Benco Construction, Inc. and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Benco Construction, Inc. or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Benco Construction, Inc. or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of Benco Construction, Inc. without Benco Construction, Inc.’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Benco Construction, Inc. and may not be copied, imitated, or used (in whole or in part) without Benco Construction, Inc.'s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Benco Construction, Inc.
PROCEDURES FOR MAKING INFRINGEMENT CLAIMS
Benco Construction, Inc. respects the intellectual property rights of others. Accordingly, Benco Construction, Inc. has a policy of removing User Submissions that violate copyright law, suspending access to the Benco Construction, Inc. Website (or any portion thereof) to any user who uses the Benco Construction, Inc. Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Benco Construction, Inc. Website in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Benco Construction, Inc. has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Benco Construction, Inc. Website, please provide written notice to the following for notice of claims of infringement:
Attn: Infringement Officer
Benco Construction, Inc.
39 Walnut Grove Court
Suwanee, GA 30024
Tel: 404-925-3001
Fax: 404-549-4651
Email: [email protected]
Your written notice must:
- contain your physical or electronic signature;
- identify the copyrighted work or other intellectual property alleged to have been infringed;
- identify the allegedly infringing material in a sufficiently precise manner to allow Benco Construction, Inc. to locate that material;
- contain adequate information by which Benco Construction, Inc. can contact you (including postal address, telephone number, and e-mail address);
- contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- contain a statement that the information in the written notice is accurate; and
- contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement, as they will be deleted upon receipt.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Benco Construction, Inc. Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Benco Construction, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Benco Construction, Inc.’s defense of such claim.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to Benco Construction, Inc., you are communicating with Benco Construction, Inc. electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Benco Construction, Inc. provides to you electronically satisfy any legal requirement that such communications be in writing.
GENERAL
These Terms, together with any additional terms to which you agree when using particular elements of the Benco Construction, Inc. Website, constitute the entire and exclusive and final statement of the agreement between you and Benco Construction, Inc. with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Benco Construction, Inc. with respect to such subject matter. The Benco Construction, Inc. Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Benco Construction, Inc. shall be governed by the laws of the State of Georgia as applied to agreements made, entered into, and performed entirely in Georgia by Georgia residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Benco Construction, Inc. Website shall be brought in the Federal or State courts located in Gwinnett County, Georgia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Benco Construction, Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Benco Construction, Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Benco Construction, Inc. Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Benco Construction, Inc. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Benco Construction, Inc. without restriction.
MODIFICATION TO THESE TERMS
Benco Construction, Inc. may, in its sole and absolute discretion, change these Terms from time to time. Benco Construction, Inc. will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Benco Construction, Inc. Website. Continued use of the Benco Construction, Inc. Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Benco Construction, Inc. Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Last Update: August 1, 2013