Website Terms of Use
(Last Updated: November 12, 2020)
Acceptance of Website Terms of Use:
These Terms of Use (these “Terms”) govern the use of Benuck & Rainey’s (“Benuck & Rainey”, “we”, “us”) website and any material made available for download (the “Site”). The Site is operated by us to provide information to visitors and our customers (collectively, “you”, “your”, or “users") about Benuck & Rainey and our services, and other information, which may include customer and consumer access to accounts. Your use of this Site does not grant you ownership rights of any kind in our website.
Please review these Terms carefully, which govern your use of the Site. By accessing the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
Your use of this Site is subject to Benuck & Rainey’s Privacy Policy, which is incorporated herein by reference. A current version of our Privacy Policy is available by selecting the “Privacy Policy” link on our website, www.benuckrainey.com.
1. Governing Law
User access to and use of the Site is subject to all applicable international, federal, state, and local laws and regulations.
2. Copyrights and Trademarks
The Site may contain our service marks or trademarks as well as those of other companies, in the form of text, graphics and images, and logos (collectively “Content”). You are prohibited from using any Content without the written permission of Benuck & Rainey or such third party which may own the Content. All Content is protected by international copyright law. The copying, redistribution, use or publication by you of any portion of our Website for commercial or public purposes is strictly prohibited.
3. Links to Other Websites
OUR SITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES. THE INCLUSION OF LINKS WITHIN OUR SITE DOES NOT CONSTITUTE ANY ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, AFFILIATION, GUARANTEE, OR WARRANTY WITH RESPECT TO SUCH LINKED SITE OR ITS OWNERS. BENUCK & RAINEY HAS NO CONTROL OVER THE TERMS OF USE AND PRIVACY PRACTICES OF THIRD-PARTY WEBSITES. YOU ACKNOWLEDGE AND UNDERSTAND USING OR RETRIEVING ANY INFORMATION ON A LINKED SITE IS AT YOUR OWN RISK.
4. Restriction of Use and Termination
You may not use the Site to transmit unsolicited email. You may not send unsolicited email to the Site or to anyone whose email address includes the domain name used on the Site, if any. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else or spoof their identity when using the Site.
In connection with your use of our Site, you agree you will not provide false, inaccurate or misleading information; take any action that overloads our systems; circumvent our security or privacy controls; attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; use any viruses, Trojan horses, worms, or other harmful computer programs that adversely impact our systems or data; use any robot, spider, other automated software to copy our website without our prior written consent; or interfere with our website or systems. We may limit or terminate your Site access, without prior notice, for your failure to comply with these Terms.
If Benuck & Rainey, in its sole discretion, believes that you have engaged in any activities restricted by these Terms or by law, your use of the Site terminates automatically without notice to you. You agree to destroy any printed or downloaded materials or information you obtained from the Site immediately upon termination of your use the Site.
5. No Warranties
ALL CONTENT, MATERIALS, INFORMATION, OR SERVICES ON THE SITES, OR OBTAINED FROM A LINKED SITE, ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
BENUCK & RAINEY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN BENUCK & RAINEY, FOR ANY CONTENT, MATERIALS, INFORMATION, OR SERVICES PROVIDED ON LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE.
6. Limitation of Liability
YOU AGREE THAT BENUCK & RAINEY, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF ITS SITE, A LINKED SITE, OR SERVICES PROVIDED FOR ON OR BY THE SITE, OR WITH THE DELAY OR INABILITY TO USE ITS SITE OR A LINKED SITE, EVEN IF BENUCK & RAINEY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BENUCK & RAINEY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SITE.
7. Postings
You agree not to post any messages, information or content (“Postings”) that violates or infringes upon our or any third party’s intellectual property rights, that violates U.S. law, or is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable. Benuck & Rainey may decline to accept or remove any Postings that violated these Terms and assumes no responsibility or liability relating to such Postings.
8. Transmission of Personal Data
Important and private information should be protected by you. You acknowledge and agree by providing Benuck & Rainey with any personal information through the Site, you consent to the transmission of such personal information. We are not liable for protection of your privacy information transferred through the Internet or any other network that may be used.
User should be aware that linked sites may contain transmission of personal data provisions that differ from the provisions provided herein and in our Privacy Policy. Benuck & Rainey is not responsible for such linked site provisions, and expressly disclaims any and all liability related to such linked site provisions.
9. Indemnification
You agree to defend, indemnify, and hold harmless Benuck & Rainey and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives, and attorneys, and their respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to your access to, use of, or alleged use of the Site, your violation of these Terms, your violation of any third party right or any disputes or issues between you and any third party. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under these Terms. In such case, you agree to cooperate with any reasonable requests assisting us in the defense of such matter. You agree not to settle any matter without our prior written consent.
10. Communications
By accepting these Terms, you also expressly consent to be contacted by Benuck & Rainey for any purpose arising out of or relating to your access to or use of the Site by text or SMS messages and calls and voice messages delivered using automatic telephone dialing system or an automatic texting system.
You also consent to receive emails, text or SMS messages, calls, and voice messages from us at the specific number(s) or email address you have provided to us. You further represent and warrant that the telephone number you have provided to us is your contact number and that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to alert us promptly if your telephone number changes or is no longer in service. You also agree that any email address you provide to Benuck & Rainey is an active and personal private email address and not a workplace or shared email address. You acknowledge and agree standard message and data rates may apply to all text and SMS messages.
If at any time you wish to stop receiving communication from Benuck & Rainey, you can contact us using the contact information contained in the “Contact Us” tab on the Website.
11. Changes to These Terms
We reserve the right to change or modify this Terms of Use from time to time by posting a changed version of the Terms of Use on this website or a website that replaces this website. When we do so, we will change the “Last Updated” date of the Terms of Use. Your continued use of the Site after that date constitutes your agreement to the revised modified Terms.
You should review the Site frequently for revisions to the Terms. If you do not agree to the modified Terms, you should discontinue your use. In our sole discretion, at any time, and without prior notice, we may suspend or discontinue the services offered through our Site.
12. Violations
We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to limit or block access from a particular Internet address or user to a Site.
13. Access to Password Protected Areas
Access to and use of password protected of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site is strictly prohibited.
14. Use of “Cookies”
Benuck & Rainey reserve the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying our Site to reflect users' preferences. Our Privacy Policy provides additional information regarding Benuck & Rainey’s use of cookies.
15. Jurisdiction / Governing Law
Users of this Site agree to submit to the laws of the State of New Hampshire and applicable federal law without regard to conflicts of laws principles.
If any provision of these Terms is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by Benuck & Rainey to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Benuck & Rainey unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
16. Other Terms
The section headings in these Terms is for convenience only and does not have any impact on the interpretation of a particular section.
These Terms will inure to the benefit of our successors, assigns, licensees, and sublicenses. These Terms do not create any third-party beneficiary rights.
Provisions of the Terms relating to limitation of liability, indemnification, venue, choice of law, and any other provisions that by their nature should survive, will survive the termination of these Terms.
Should you have any questions or concerns in regard to these Terms, please contact us using the contact information contained in the “Contact Us” tab on our website, www.benuckrainey.com.