Terms of Use for this Site
Read and understand the terms a user of our site must abide by in order to use the BeneFAQ website and its service.
Terms of Use
AGREEMENT TO TERMS
Welcome to this website (the “Site”) of SchoolRIGHT, LLC (dba BeneFAQ) (the “Company”). Access to, and use of, the Site are subject to these terms and conditions (“Terms”) and all applicable laws. By accessing any areas of the Site, you agree to be bound by these Terms. If you do not agree to all of the Terms, please do not use the Site. The Company may revise these Terms from time to time by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site. The Company may also change, move portions of, delete portions of, or add to the Site from time to time.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:
- Misrepresent yourself, your personal or organizational information.
- Knowingly leave out any requested information.
- Falsify your identity.
- Use the site other than for its intended purpose.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, provided by you to us are non-confidential and shall become our sole property without compensation to you.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your information or any portion thereof; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
WARRANTY DISCLAIMER
THE SITE, ANY SERVICE OFFERED ON OR THROUGH THE SITE, AND THE ENTIRE CONTENTS AND SOFTWARE ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. THE COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE. THE COMPANY IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. We have no obligation to update any information on our Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
GOVERNING LAW
These Terms shall be governed by and defined following the laws of the State of Texas and yourself irrevocably consent that the courts of the State of Texas shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
INDEMNIFICATION
You agree to defend, indemnify and hold the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
LIMITATIONS OF LIABILITY
BY USING THE SITE, YOU AGREE THAT THE COMPANY WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
COPYRIGHT
The Site and all information, documentation, and other content (“Content”) posted in or on the Site are copyright SchoolRIGHT, LLC and its affiliates. All rights reserved. Unless stated to the contrary, all Content is the property of the Company or its third-party licensors. By making this Content available on the Site, the Company is not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. Unauthorized use is prohibited. You agree not to remove copyright, trademark or other notices from any Content or Marks you may get from the Site. You cannot download or copy any content from the Site without the prior written consent of the Company except for your individual use. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Site, or any related software.
EXTERNAL LINKS
To the extent links are provided from the Site to other Websites, the Company does not operate or control any information, products or services on, nor endorse nor approve any products, services or information offered at those sites.
REMEDIES
In the event that the Company determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, the Company may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which the Company deems to be appropriate.
TERMINATION
These Terms are effective unless and until terminated by the Company. The Company may terminate all or part of the Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
USER DATA
If you use this Site in a manner that requires you to set up an account with a username and password, you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, inline messages, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, are necessary. Except as indicated in a secure area of the Site, any information or communication transmitted to the Company via the Site or e-mail (including but not limited to remarks, suggestions, ideas, questions, or comments) is the exclusive property of the Company and is not confidential. THE COMPANY CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO THE COMPANY.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
[email protected]
888.339.7509