TERMS OF SERVICE AND USE FOR BENISONFINANCE.COM

  1. AGREEMENT AND GENERAL TERMS OF USE
    • These Terms of Service and Use (the “Terms”) constitute the agreement between Benison Financial Coaching LLC (“Benison,“ “we,” “us,” or “our”) and you as a user who accesses, subscribes to access, or otherwise establishes a connection (“User,” “you,” or “your”) to the world wide web site known as benisonfinance.com (including any sub-domains) (collectively the “Site”) and any related products and services purchased from the Site or us. Our provision of the Site and related products and services, are collectively called the “Services.”
    • This Site may collect personal information from our users. Please read the benisonfinance.com Privacy Policy (“Privacy Policy”), found at www.bensisonfinance.com/privacy, which is hereby incorporated by reference as if fully set forth herein fully and carefully before accessing and/or using the Cervices. By using these Services and/or agreeing to these Terms, you consent to the collection, storage, and processing of your data in accordance with the Privacy Policy.   
    • Our Services are intended for general audiences over the age of 18 years old. We do not knowingly collect information from children under the age of 18 years old. IF YOU ARE NOT AT LEAST 18 YEARS OLD, DO NOT USE THE SERVICES OR THIS SITE.  By using this Site and/or Services, you represent that you are at least 18 years of age.
    • You must agree to abide by all of the provisions of these Terms in order to remain an authorized user of the Site and your continued use of the Site constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name, username and/or password.
    • We reserve the right, in our sole discretion, to change any or all of the provisions of these Terms at any time. We will notify you of any material changes by posting them on the Site or through other reasonable means of providing notice. Any changes to these Terms will be effective immediately upon notice to you unless we advise otherwise. Your use of the Site after notice of changes to these Terms will be deemed your acceptance of the changes. We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Services.
    • IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES, AS APPLICABLE. YOUR CONTINUED USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. 
  2. USER ACTIVITIES AND INFORMATION ON THE SITE; LINKS
  • You will use the Site, Services and any tools, features, content, material, or information found on the Site solely for lawful, non-commercial purposes. You will not allow any third party to access the Site through your account, upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
  • You warrant that any material or information that you make available through the Site, including, for example, any reviews, postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
  • By making any material or information available through the Site, you automatically grant to BENISON FINANCIAL COACHING LLC a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
  • We have no obligation to, and do not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and we are not responsible for any content of this material or information. However, we reserve the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, we reserve the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
  • We reserve the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
  • The Site and Services may provide links to other sites or resources. Because we do not review nor have control over such sites and resources, we shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by BENISON FINANCIAL COACHING LLC of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third party websites may have certain restrictions on its use or distribution which differ from this agreement. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
  1. RIGHTS IN SITE CONTENT AND THE SITE
  • All content provided on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by BENISON FINANCIAL COACHING LLC. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by BENISON FINANCIAL COACHING LLC. Any and all trademarks appearing on the Site are the property of BENISON FINANCIAL COACHING LLC or their respective owners.
  • You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with us. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of BENISON FINANCIAL COACHING LLC and the copyright owner. You will not make any changes to any content that you are permitted to download under these Terms, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER BENISON FINANCIAL COACHING LLC, NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OR AGENTS (COLLECIVLEY THE “BENISON FINANCIAL COACHING LLC PARTIES”) WARRANT THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE OR PROVIDED BY USE OF THE SERVICES, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THROUGH USE OF THE SERVICES.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE OR BY YOUR USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BENISON FINANCIAL COACHING LLC makes no representations or warranties that the SITE, SEVICES OR materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes.  BENISON FINANCIAL COACHING LLC does not warrant that the website will operate error free or is free from viruses, worms, Trojan horses or other destructive or harmful code.  BENISON FINANCIAL COACHING LLC also assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENISON FINANCIAL COACHING LLC AND/OR THE BENISION LLC PARTIES (AS DEFINED IN SECTION 4.1 ABOVE) SHALL not be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages arising from or relating to YOUR USE OF THE SITE AND/OR the services, whether based in Contract, tort (including gross negligence), or other theory, even if BENISION AND/OR THE BENISON FINANCIAL COACHING LLC Parties haVE been advised of the possibility of such damages.
  • Notwithstanding the foregoing, if Benison Financial Coaching LLC AND/OR THE BENISON FINANCIAL COACHING LLC PARTIES (AS DEFINED IN SECTOIN 4.1 ABOVE) ARE found liable to YOUR or any third party for any damages, whether based in contract, tort (including gross negligence) or other theory, arising from or relating to the services or this SITE, BENISON’S AND/OR THE BENISON FINANCIAL COACHING LLC PARTIES’ LIABILITY AND DAMAGES ARE limited to the total Fees paid by YOU TO BENISON for the  Services IN THE PAST SIX MONTHS.
  1. INDEMNIFICATION. You agree to defend, indemnify and hold harmless BENISON FINANCIAL COACHING LLC and the BENISON FINANCIAL COACHING LLC PARTIES (As defined in Section 4.1 above) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site and/or the Services or your breach of any provision of these Terms.  We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
  2.  If you have any questions about these Terms or wish to contact us, please email us at dstpeter@benisonfinance.com.  We will contact you by the e-mail address you provide to us, or by posting a notice on the Site.
  3. TERMINATION. We may terminate these Terms and your use of the Site and/or Services at any time. We also have the right to immediately terminate your use of the Site in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
  4. CHOICE OF LAW. The Site and these Terms shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts, notwithstanding any conflicts of laws principles that would choose the laws of a different state.
  5. Any controversy, claim or threatened litigation arising out of or relating to the Site, these Terms and/or the Services shall be solely and exclusively determined by arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA“) through its Boston, MA office.  The arbitrator shall be selected by application of the rules of the AAA or by mutual agreement.  You agree not to challenge the jurisdiction or venue provisions as applied to this section.  Judgment upon the award rendered in such arbitration may be entered into any court having jurisdiction thereof.
  6. GENERAL TERMS. These Terms and any posted rules on the Site constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by BENISION, LLC of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.  These Terms are binding upon and inure to the benefit of BENISON FINANCIAL COACHING LLC and its successors, heirs, and permitted assignees. We may assign these Terms or any of our rights or obligations under these Terms with or without notice to you.  If any provision of these Terms is held to be invalid or unenforceable by a valid court of law or an arbitrator, the remaining provisions of these Terms will remain in effect.  

 

 

LAST UPDATED:  NOVEMBER 19, 2020