Terms Of Use

Beneplace, LLC, a Texas Corporation (“Beneplace”) provides this Beneplace.com website (“Website”) to you. This agreement is made between you and Beneplace. The Website, all services such as access to on-line tools, information, text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (“Content”) are subject to the following terms and conditions, which may be updated from time to time. YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE SERVICES PROVIDED ON THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE, THE SERVICES, OR ANY INFORMATION CONTAINED ON THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE, TO UPDATE AND/OR REVISE THESE TERMS AND CONDITIONS. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS CONSTITUTES ACCEPTANCE OF THOSE CHANGES. PLEASE CHECK THE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES.

USE OF CONTENT AND SERVICES and INDEMNIFICATION

In consideration of your use of the Content and Services, you agree to provide true, accurate and current information as prompted by this Website. If any information you provide is untrue, inaccurate or not current, or if Beneplace has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Beneplace, at its sole discretion, has the right to suspend or terminate your use and refuse all current or future access to the Content and use of the Services or suspend or terminate any portion thereof. Further, you agree that Beneplace will not be liable to you or any third party if Beneplace suspends or terminates your access to the Content or Services for any reason. You agree to use the site solely for the purposes for which the Services are intended and solely in compliance with the Terms and Conditions and any other agreement between yourself and Beneplace. You agree to defend, indemnify, and hold harmless Beneplace and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this site or a breach of your representations and warranties.

PASSWORDS AND USER ID PROTECTION

To obtain use for the Services, you may be assigned a password and user ID upon completing the registration process. You agree to maintain the confidentiality of your password and user ID and are fully responsible for all activities using your password or user ID. You agree that under no circumstances will you provide your password or user ID to a third party. You agree to immediately notify Beneplace of any unauthorized use of your password or your user ID or any other breach of security, and to log off from your account at the end of each session. Beneplace cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY

You acknowledge and agree that all Content is the copyrighted work of Beneplace or third party content suppliers and is protected by copyright laws. You acknowledge that Beneplace, Beneplace.com, the Beneplace logo, all page headers, custom graphics, and button icons or service marks, or trademarks of Beneplace and that all other trademarks, product names, company names or logos on the Website are the property of their respective owners. In addition to comply with all applicable laws, you agree that you will not use, sell, reproduce, transmit, edit or create derivative works from any such trademarks, service marks or other logos from this Website. You acknowledge that Beneplace has expended substantial time, effort and funds to create and deliver the Services and compile the data contained therein. The Services and data are and will continue to be Beneplace’ exclusive property.

PROPRIETARY SOFTWARE

All software used in connection with this Website (“Software”) is the property of Beneplace or its suppliers and is protected by U.S. patent and copyright laws. Any use of the Software other than as required to navigate and to utilize the functionality offered through this Website is prohibited. You agree not to copy, distribute, publicly display, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software.

DISCLAIMERS

Information contained on this Website has been prepared by Beneplace as a convenience to its users and has been compiled based upon information provided to Beneplace by users of this Website and by third parties. Beneplace has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in this Website. The information contained on this Website does not constitute legal, tax, accounting or other professional advice. Users relying on Content from this Website do so at their own risk and are encouraged to seek professional advice when appropriate. Beneplace suppliers may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report. Beneplace makes no warranty regarding the accuracy of such calculators available for use on this Website. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE, THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. BENEPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. BENEPLACE AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT OR SOFTWARE WILL BE RELIABLE; (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND/OR (iv) THE SERVER THAT MAKES THE SITE AVAILABLE IS SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT BENEPLACE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES EVEN IF BENEPLACE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT OR SOFTWARE, ANY USE OR RELIANCE ON ANY LINKED WEBSITE OR ANY OTHER MATTER RELATED TO THE SERVICES OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIRD PARTY LINKS

This Website may contain links to Websites maintained by third parties. Such links are provided for your convenience and reference only. Beneplace does not operate or control in any respect, and is not responsible for any information, software, products or services available on such Websites.

GENERAL PROVISIONS

Entire Agreement

These Terms and Conditions, the Privacy Policy, and other policies Beneplace may post constitute the entire agreement between Beneplace and you in connection with your use of this Website, the Services, and the Content including prior versions of the terms and conditions, if applicable. Beneplace may update these terms and conditions from time to time by posting revised terms and conditions on this Website, without notice to you, and your subsequent use of the Website is governed by those new terms and conditions. The terms and conditions are effective until terminated by Beneplace. In the event of termination, the copyrights, trademarks, and intellectual property, disclaimers, limitations of liabilities, and jurisdiction provisions set forth in these terms and conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Website, these terms and conditions will control.

Governing Law

These terms and conditions are governed by the laws of the State of Texas without regard to choice or conflicts of law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts in Travis County, Texas in connection with any legal action arising in connection with these terms and conditions and/or the use of this site, and you hereby submit to the jurisdiction of any such court. This agreement constitutes the entire agreement between Beneplace and you concerning the subject matter hereof, and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.