Terms of Use: 1. Acceptance of Terms benspost.org provides a service which connects and allows communication between two partes,(homeowners and contractors) via email, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by benspost.org from time to time. benspost.org will provide notice of materially significant changes to the Term by posting notice on the benspost.org site. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular benspost.org services, you agree to abide by any applicable posted guidelines for all benspost.org services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with benspost.org in any way, your only recourse is to immediately discontinue use of benspost.org 2. Content You agree that all postings, homeowner postings, contractor postings including any and all text and images uploaded to the site are the sole responsibility of that individual from whom such Content originated from. You are entirely responsible for all Content that you post, send via email or make available to others on benspost.org. Benspost.org will remove all inappropriate postings once notified of their presense on the site. 3. Privacy benspost.org has set in place a Privacy Policy to explain to users how their information is collected and used, located at http://www.benspost.org/privacy.php . Your use of the benspost.org signifies acknowledgement of and agreement to this Privacy Policy. You acknowledge and agree that benspost.org may or may not, preserve or disclose your Content, as well as any information, inluding email addresses, timestamps, IP addresses or any other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; responding to claims that contact information including phone number, street addresses of a third-party has been posted without their consent or as a form of harassment to protect the rights or property, or personal safety of benspost.org, its users or the public. 5. Spam Policy You agree that
sending unsolicited email advertisements to benspost.org contractor or homeowner email addresses or
through benspost.org computer systems, which is
prohibited by these Terms of use, will use or cause to be used servers located
in violations may subject the sender and his or her agents to civil and criminal penalties. 6. Limitations on benspost.org You understand and acknowledge that benspost.org may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, emails, or and other Content that may or could be transmitted or appear on this site. You agree that benspost.org has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that benspost.org reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that benspost.org shall not be liable to anyone who uses the service or to any third party for any modifying, suspending or discontinuation of the Service. 7. Termination of the service You agree that benspost.org has the right to delete or deactivate your account, block your email or IP address, or otherwise discontinue your access to or use of the Service, this can be done immediately and without any notice, and remove and discard any Content within the from the site for any reason, including, without limitation. You agree that benspost.org shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. 10. Disclaimer of Warranties YOU AGREE THAT USE OF THE BENSPOST.ORG SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BENSPOST.ORG SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BENSPOST.ORG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BENSPOST.ORG SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BENSPOST.ORG DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BENSPOST.ORG SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BENSPOST.ORG SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BENSPOST.ORG DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BENSPOST.ORG SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 11. Limitations of Liability UNDER NO CIRCUMSTANCES SHALL BENSPOST.ORG BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BENSPOST.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BENSPOST.ORG SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BENSPOST.ORG SITE OR THE SERVICE, FROM INABILITY TO USE THE BENSPOST.ORG SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BENSPOST.ORG SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BENSPOST.ORG SITE OR THE SERVICE OR ANY LINKS ON THE BENSPOST.ORG SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BENSPOST.ORG SITE OR THE SERVICE OR ANY LINKS ON THE BENSPOST.ORG SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. 12. Indemnity You agree to indemnify and hold benspost.org, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another. 13. General information The Terms constitute the entire agreement between you and benspost.org and govern your
use of the Service, superceding any prior agreements
between you and benspost.org. The Terms and the relationship between you and
benspost.org shall be governed by the laws of the
State of arose or be forever barred. 14. Violations of Terms and Liquidated Damages Please report any violations of the Terms, by emailing abuse@benspost.org Our failure to act with respect to a breach by you or others does not waive our rights. 15. Feedback We welcome your feedback on this document, please email feedback@benspost.org |