1) Acceptance of Terms
Failure on the part of the visitor to our site or the user of our services to not read or properly understand the TOS here shall in no way absolve them of their responsibility to act in compliance with the TOS stated here. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. 'BENNETT & BUTLER, INC.' may also offer other services that are governed by different Terms of Service agreements.
2) Description of Service
You understand and agree that the Service is provided "AS-IS" and that 'BENNETT & BUTLER, INC.' assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3) Submission of Personal Information
4) Right to Refuse Service
We also reserve the right to refuse service for any reason to anyone who pays for any of the services that we offer. We are not liable for any losses incurred to or by any individual should we refuse to provide service to them, even if they have paid for this service. The amount of liability that 'BENNETT & BUTLER, INC.' or any of its affiliates is responsible for, in the event of denial of any service to anyone, is limited to the fee that said person or third party paid for the denied service to us and not one penny more. If a person or organization uses a third party as a "go between" to acquire services from us, then that third party is responsible for any reimbursements to the person making any claims for denial of services by us.
5) Performance of Service
6) Limits of Liability
If a person or organization uses a third party as a "go between" to acquire services from us, then that third party is responsible for any reimbursements to the person making any claims for denial of service or lack of performance by us. Any person or third party who pays for services from us and is deemed to be in violation of our TOS or causes us injury either economically or otherwise, may be refused any reimbursements of any fees paid to us for any services that they were paying us to perform. Should 'BENNETT & BUTLER, INC.' suffer any damages either economically or otherwise by any person or third party accessing our system either directly or indirectly or should cause us harm through any means whatsoever either directly or indirectly is subject to legal action by 'BENNETT & BUTLER, INC.' and/or its affiliates.
7) Your Registration Obligations
8) Member Account, Password, and Security
9) Member Conduct
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a 'BENNETT & BUTLER, INC.' official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation not in keeping with the intention of the 'BENNETT & BUTLER, INC.' services;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- collect or store personal data about other users.
You acknowledge that 'BENNETT & BUTLER, INC.' may or may not pre-screen Content, but that 'BENNETT & BUTLER, INC.' and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service.
Without limiting the foregoing, 'BENNETT & BUTLER, INC.' and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by 'BENNETT & BUTLER, INC.' or submitted to 'BENNETT & BUTLER, INC.', including without limitation information in 'BENNETT & BUTLER, INC.' Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that 'BENNETT & BUTLER, INC.' may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of 'BENNETT & BUTLER, INC.', its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by 'BENNETT & BUTLER, INC.' and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
10) International Use
11) Content Submitted or Made Available for Inclusion on the Service
- With respect to Content you submit or make available for inclusion on publicly accessible areas of 'BENNETT & BUTLER, INC.', the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific 'BENNETT & BUTLER, INC.' system(s) to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or 'BENNETT & BUTLER, INC.' removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or 'BENNETT & BUTLER, INC.' removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the 'BENNETT & BUTLER, INC.' network of properties that are intended by 'BENNETT & BUTLER, INC.' to be available to the general public. By way of example, publicly accessible areas of the Service would include 'BENNETT & BUTLER, INC.' classified ad listings or promotions and website pages that are open to both members and visitors.