Terms
The subsequent terms and conditions (the “Terms”) preside over the use of the website www.meetbenson.com and any additional websites managed by Yunit Inc. This also includes any associated mobile applications under Benson (referred to as the “Apps”), as well as any products and services accessible via these websites and apps (jointly referred to as the “Service”).
For clarity in these Terms:
- “Company” means Yunit Inc., doing business as “Benson.” References to “Benson” are to the Company.
- “you” or “your” denotes the individual agreeing to these Terms or the entity they represent.
- “we,” “us,” “our,” or “Benson” signifies Yunit Inc. and its associated entities.
By agreeing to these Terms, you accept the rights and obligations presented within, thereby creating a legally binding contract between you and Benson concerning your use of the Service. To access or use any part of the Service, you must be at least eighteen (18) years old and have thoroughly read, understood, and assented to all these terms and conditions. Should you disagree with any part of these terms and conditions, refrain from using or accessing the Service. Representing a company means you confirm your authority to legally bind the company to these Terms.
We maintain the exclusive right to modify or amend any part of these Terms at our discretion. If you continue to use the Service after changes to the Terms are posted, it implies your acceptance of those changes. Hence, it is your responsibility to periodically review these terms. Certain products or services offered on the Service might come with additional terms and conditions. In the event of any inconsistency between these additional terms and the general Terms, the former will prevail.
IMPORTANT NOTE: Carefully scrutinize these Terms asthey contain significant details concerning your legal rights, solutions, andduties. This includes certain restrictions and exclusions, a clause detailingthe resolution of disputes, and a waiver prohibiting class action suits againstus. If you are not in agreement with all the stipulations of these Terms andmeet the aforementioned eligibility criteria, you are barred from utilizing theService.
No Advisory Relationship. Benson is atechnology provider offering research tools and automation software. Benson isnot a broker, dealer, investment advisor, fiduciary, or tax advisor. Bensondoes not provide recommendations, suitability analysis, or individualizedadvice. All investment decisions are solely yours. You must opt in to everytransaction, and Benson’s role is limited to relaying your self-directedinstructions to third-party brokerage accounts via automation software. At nopoint does Benson exercise discretion over your account or hold customer fundsor securities.
1. Registration, Data, and Account Security
To access certain features of theService, you'll need to set up an account with Benson. This entails choosing ausername and password, and supplying details about yourself, your company, oryour investments (termed "Registration Data").
When registering and maintainingyour account:
- Ensure that the Registration Data you provide is accurate, up-to-date, and comprehensive.
- Safeguard the confidentiality of your username and password.
- Promptly update any changes in your Registration Data.
- Recognize that you are the sole individual responsible for all activities on your account. Only one active account per user is permitted, unless otherwise stated in these Terms.
Confidentiality of your Registration Data is paramount. Should you choose to share your email address with us, anticipate receiving essential notifications electronically, either directly through the Service or to the provided email. It's your duty to keep us updated if your email address or phone number changes. If you suspect any unauthorized activity on your account, inform us without delay.
2. Access to the Service
Upon adherence to these Terms, Benson grants you a restricted, revocable, nonexclusive license to access and use the Service, as well as its Content, strictly for your personal internal purposes.
This permission explicitly excludes:
- Gathering, aggregating, copying, duplicating, scraping, or showcasing of the Service.
- Employing data mining, crawlers, robots, spiders, or any related data collection and extraction tools, unless you've received express written consent from Benson.
A narrow exception is granted to generic internet search engines and non-commercial public archives that utilize such tools, but solely to generate hyperlinks pointing to the Service. Should you wish to utilize the Service or its Content for objectives, including commercial ones, that are not outlined here, you must first secure a written license from Benson.
3. Regulatory Compliance
You commit to ensuring that any information shared through the Service aligns with all pertinent laws, rules, and regulations. This includes, but is not limited to:
- Adherence to both domestic and international jurisdictions.
- Compliance with the Securities Act of 1933 and its subsequent amendments, including associated rules.
- Observance of the Securities and Exchange Act of 1934, its modifications, and Rule 10b-5, alongside its other regulations.
- Abidance by Regulation FD set forth by the Securities and Exchange Commission.
- Following regulations outlined by FINRA.
- Respecting rules from securities exchanges, inclusive of the New York Stock Exchange, the American Stock Exchange, and the NASDAQ.
4. Paid Products or Services
In utilizing the Service, Benson may present to you an array of paid products or services, which can include, but are not limited to, subscriptions, à la carte offerings, merchandise available through Benson's online store, premium content, user-maintained subcommunities on our App or Site, and enhanced Investor Relations features (collectively referred to as "Paid Products or Services"). Should you opt to purchase any of these offerings, it becomes your responsibility to settle the corresponding fees.
The pricing details for these Paid Products or Services are conveniently accessible on our App or Site. We reserve the right to modify our pricing structure. While we will keep you informed of any adjustments via postings on our App or Site, we are not obligated to provide advanced notice for short-term promotions or fee reductions.
If there are issues with your payment method or if you accrue overdue charges, we may take measures to collect owed amounts by charging any other payment methods linked to your account.
Occasionally, some Paid Products or Services might feature free trials or special introductory offers. These offers are restricted to one per user, per household, and per contact detail (be it a phone number or email address) at any given instance. Furthermore, a one-year period must elapse before the same user, household, or contact detail can benefit from another trial, unless explicitly specified otherwise in the promotional details.
5. US Short Code Agreement
Kindly review these SMS/Text Messaging Terms & Conditions with care. By completing the SMS/Text Messaging Opt-In Form, you are providing explicit consent to receive both non-marketing and marketing text messages from Benson. This includes messages sent with an auto-dialer to the mobile phone number(s) you've shared.
By agreeing to the US Short code SMS/Text Messaging terms, you're giving your consent to receive texts regarding login codes, trade notifications, in-app alerts, and promotional content.
Should you wish to discontinue the SMS service, simply text "STOP" to the given short code. Upon doing so, we'll send you a confirmation message verifying your unsubscription. Following this, you will no longer receive text messages from us. Should you wish to re-subscribe at a later date, follow the original sign-up process, and our text messages will resume.
If you encounter any challenges with our messaging program, reply with the keyword "HELP" for additional support. Alternatively, you can reach out to us directly at hello@meetbenson.com.
It's important to note that carriers are not responsible for messages that are delayed or fail to be delivered.
As always, applicable message and data rates might apply for any texts sent to or from us. Messages from our end will be infrequent. If you're unsure about the specifics of your text or data plan, we recommend contacting your mobile service provider.
For any privacy-related concerns, please consult our privacy policy at https://www.meetbenson.com/privacy-policy
6. Payment Policies
Our purchase and checkout process is facilitated by third-party payment processors, including but not limited to Plaid (“Payment Processor”). The handling of payments will adhere to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. You commit to paying Benson, through the Payment Processor, all charges within the range of $20 to $30 at the then-current prices for any purchase in line with the relevant payment terms. You consent to make payments via Automated Clearing House (ACH) transfer, using the bank account you've associated with your Account. Benson holds the right to rectify, or to direct our Payment Processor to rectify, any inaccuracies or oversights, even if the payment has been initiated or completed.
For the Paid Products or Services that are available on a subscription basis, users are billed on a recurring monthly basis. The subscription fees, within the range of $20 to $30, will be pre-paid at the commencement of the month and debited to your bank account via ACH transfer. These debits will occur within 7 days of signing up for the subscription, and thereafter, they will recur monthly on the nearest business date. Should there be any alterations to the fees for subscription-based Paid Products or Services, it will come into effect at the start of the subsequent month. Unless otherwise stipulated in these Terms, all fees you've pre-paid are non-refundable.
Cancellation Policy: If you wish to cancel your subscription, you may do so at any time by selecting the cancel option for that specific Paid Product or Service, if available, within your account dashboard or by emailing us directly. Once we process your cancellation request, you will not be charged for future Subscription Periods. However, your access to the specific Paid Product or Service will continue until the end of your current Subscription Period.
You are liable for all taxes, levies, and other governmental evaluations tied to your activity in association with the Service, irrespective of opting for a Paid Product or Service from Benson.
Although you can cancel any Paid Products or Services whenever you desire, refunds will not be provided unless at our sole discretion or if mandated by law.
Benson retains the right to terminate your subscription for Paid Products or Services at any juncture, for any rationale or without providing one. Should we conclude your subscription for any reason other than non-payment or contravention of these Terms, you'll be eligible for a pro-rated refund of your pre-paid fees, if any. This refund will equate to all pre-paid fees for the complete months remaining in your subscription.
7. App or Site Content
The Services also serve as a platform for third parties to publish their investment blogs and products (“Products”). The individuals behind these Products (“Creators”) might have long or short positions in or derivatives of companies discussed in the Products, and they reserve the right to buy or sell these positions as they deem fit. It's possible for Creators to adopt positions that might not align with the views presented in their Products or Content. Products available on the Benson platform reflect the personal opinions of the Creators, and not those of the Company. None of the content therein implies a recommendation that any given security, set of securities, transaction, or investment strategy is apt for any specific individual. Additionally, it's essential to comprehend that the Creators won't offer personal advice on the nature, potential, worth, or appropriateness of any specific security, portfolio of securities, transaction, investment strategy, or other subjects.
8. Feedback
By sharing any questions, comments, suggestions, ideas, or other feedback related to the Service (“Feedback”) with the Company, you agree that such Feedback is not confidential. All Feedback will become the exclusive property of the Company. The Company will possess full intellectual property rights over the Feedback and may use or share it in any manner and for any purpose, without being obliged to credit or compensate you.
9. Copyright Concerns
Benson deeply values the intellectual property rights of others. We do not condone or allow users to upload or transmit materials on our Service that infringe upon another party's intellectual property rights. If you're convinced that your work has been duplicated in a manner that breaches copyright, or if your intellectual property rights have been otherwise violated, you can address your concerns to Benson's copyright agent in line with the Digital Millennium Copyright Act (DMCA). Please provide the following details in your written notice:
- A clear identification of the copyrighted work you believe has been infringed.
- Precise identification of the alleged infringing content, including its location on the Service.
- Your contact details for our copyright agent to reach you – this includes an address, phone number, and email.
- A statement affirming your good faith belief that the disputed use of the material isn’t authorized by the copyright owner, its agent, or by law.
- An attestation, under penalty of perjury, that the information you’ve provided is accurate and that you are either the copyright owner or are authorized to act on their behalf.
- Your physical or electronic signature.
For concerns about intellectual property rights other than copyright, please indicate the specific type of right (e.g., "trademark") in your written communication. It's essential to understand that incomplete or inaccurately provided information may invalidate your DMCA notice.
Direct your copyright infringement notices to: hello@meetbenson.com
For a more comprehensive understanding of the DMCA, please refer to 17 U.S.C. 512 or the United States Copyright Office's official website: US Copyright Office DMCA Information.
10. Third-Party Services & External Links
Benson may offer links or access to other websites, apps, products, or services operated by external parties (“Third-Party Services”) through our App, Site, or Service.
Please note:
- We do not review, control, or endorse any Third-Party Services. Benson isn't responsible for the content, products, advertising, or other materials presented by these services.
- Including links or access to Third-Party Services doesn't signify Benson's endorsement of them or their content.
- Engage with any Third-Party Services at your discretion and risk.
- We don't vouch for the quality or trustworthiness of Third-Party Services, even if they're used alongside our Service.
- Benson doesn't endorse or sponsor any products or services offered by third parties through our platform.
- Engaging with any Third-Party Services provided through our platform requires you to adhere to their terms and conditions, privacy policies, or other agreements.
- Benson isn't accountable for any trading or transactional activities related to your brokerage accounts or those conducted in conjunction with any Third-Party Services.
11. Advertising on the Service
Benson may display advertisements, which could be from Benson itself or from third-party entities. These advertisements might be tailored based on the content, queries made, or other data associated with the Service. The nature and amount of such advertisements can evolve over time.
Your access and use of the Service implicitly acknowledges and consents to Benson and its partners placing these ads within the Service or in relation to content from the Service, regardless of its origin. Advertisers and sponsors bear the responsibility to ensure their materials are accurate and compliant with all applicable laws. Benson is not liable for any inaccuracies, issues, or illegalities in the materials provided by these third-party advertisers or sponsors.
12. Retrieval of Account Information from Third-Party Sites
Users may instruct Benson to fetch their personal data stored by third parties with whom they have established customer relationships or maintain accounts (“Account Information”). By sharing details, credentials, usernames, PINs, and other relevant content with Benson through the Service, you grant Benson the right to utilize this data for the purpose of offering the Service. This content's utilization and storage abide by this Agreement and our Privacy Policy. You confirm and guarantee your right to share this data with Benson without Benson owing any fees or being subject to any third-party terms of service constraints.
Benson collaborates with third parties to access your Account Information but does not assess the Account Information for its legality, accuracy, or any violations. As an example, when utilizing features of the Service to connect to any approved brokerage account, users will connect their brokerage accounts directly to the corresponding websites or application interfaces. Benson will submit details like usernames and passwords you provide for logging into these platforms, and will save details about your portfolio, watchlists, transaction history, and more, ensuring a smooth Service experience.
For the sole purpose of presenting the Account Information through the Service, you provide us with a limited power of attorney, designating us as your representative to retrieve and utilize your data, granting us the authority to perform necessary actions as if you were personally involved.
It's imperative to recognize that when Benson retrieves account data from third-party platforms, it acts as your representative and not as an agent for the third-party site operator.
Benson doesn't guarantee the accuracy or legality of the Account Information, nor does it hold responsibility for products or services provided by or on third-party platforms. Benson is not accountable for any errors, fees, or issues related to the Service, including those stemming from incorrect account details. Concerning the use of third-party products in tandem with the Service, Benson cannot always predict technical issues that might result in data loss or other disruptions. Benson disclaims any liability regarding the currency, accuracy, or potential loss of user data, communications, or personalized settings. For instance, Account Information displayed through the Services might not be as recent as when directly fetched from the source sites.
By using the Service, you agree to shield Benson from any losses, expenses, or damages arising due to your utilization of third-party products or services, or any breach of a third-party's terms.
13. Ownership of Data and Intellectual Property
Benson values its data and intellectual property rights profoundly. The relationship between you and Benson establishes that Benson possesses, or has licensed, or otherwise retains the rights, title, and interest in the Service and all content on the Service, excluding User Content which remains under the ownership of the respective user. This encompasses Benson's copyrights, trademarks, trade dress rights, and trade secrets. You acknowledge and agree that you hold no rights, title, or interests in the Service or any content owned by Benson.
All software components, including source codes, logos, icons, the visual appearance and user experience of the Service, text, graphics, multimedia elements, and all related content, data, and intellectual property rights will remain exclusively owned by Benson and/or its licensors. This ownership is safeguarded by both the United States and international copyright, trade secret, and other intellectual property legislations and treaties. Every piece of content, software, or other materials provided by Benson on or related to the Service represents the exclusive property of Benson and/or its licensors, abiding by the mentioned protective laws.
Any rights, titles, or interests not expressly granted are reserved by Benson and its licensors. This reservation includes the unique right to formulate derivative works based on the Service and its content.
If you choose to avail the premium services of Benson, you grant permission for Benson to identify and present you as a customer of Benson, utilizing your name and logo. Additionally, Benson might outline the products or services provided to you in its promotional endeavors, pitches, and propositions to its current and potential clientele.
14. Restrictions on Content and Use of the Service
By using the Service, you commit to the following terms and conditions:
1. Illegal and Harmful Usage: You will not utilize the Service in any way that is illegal or could potentially harm, overload, disable, or impair the Service's functionality.
2. Impersonation: You won't impersonate any individual or organization, provide false details, misrepresent your age, or falsely present any affiliations.
3. Privacy Violations: Under no circumstance will you post or disclose private information of a third party on the Service, including but not limited to addresses, phone numbers, email addresses, Social Security numbers, and credit card details.
4. Malicious Software: Ensure not to post or distribute materials that contain viruses or any malicious code intending to damage or disrupt the functionality of any software, hardware, or telecommunications equipment.
5. Unlawful Content: Do not post content that promotes criminal behavior, violates rights, induces legal liabilities, or breaches local, state, national, or international laws.
6. Legal Compliance: Always abide by applicable laws while accessing and using the Service. This includes, but is not limited to, the rules and regulations set forth by the U.S. Securities and Exchange Commission and other securities exchanges. Especially refrain from making misleading or false statements that might manipulate the price of any security.
7. Service Integrity: Avoid interfering with the Service's operation or imposing an unduly large load on the infrastructure.
8. Data Manipulation: Do not forge or alter data to disguise the origin of any information you transmit.
9. Confidentiality: Respect confidentiality agreements and avoid posting information that you're not permitted to share due to legal restrictions, employment agreements, or any other binding contract.
15. Securities Disclaimer
No Advisory Relationship; Self-Directed Trading. Benson is a technology provider offering research tools and automation software. Benson is not a broker, dealer, investment advisor, fiduciary, or tax advisor. Benson does not provide recommendations, suitability analysis, or individualized advice. All investment decisions are solely yours. You must opt in to every transaction, and Benson’s role is limited to relaying your self-directed instructions to third-party brokerage accounts via automation software. At no point does Benson exercise discretion over your account or hold customer funds or securities.
Benson is not a tax advisor, broker, financial advisor, or investment advisor. The service is not intended to provide tax, legal, financial, or investment advice. Nothing on the service should be perceived as an offer to sell, a solicitation of an offer to purchase, or a recommendation for any security.
Engaging in securities trading can lead to immediate and significant capital losses. It's advisable to invest only risk capital, avoiding funds meant for other essential purposes. The responsibility solely lies with you to decide if any investment, security, or strategy, or any other product or service, is apt for you considering your investment goals and personal and financial circumstances. It's recommended to consult with an attorney or tax expert concerning your unique legal or tax situation.
The content is curated for informational and entertainment objectives only. Benson doesn't offer investment advice tailored to any individual. Benson, its affiliates, and partners expressly renounce any liability or loss stemming from actions based on the Content, including but not limited to market value fluctuations or other losses related to the trading or investment in any company, property, product, service, security, instrument, or any other entity.
It's crucial to understand that investments in securities come with inherent risks. Discussions about securities on the Service might not encompass a comprehensive list or description of associated risk factors. Moreover, it's worth noting that some stocks discussed in the Content on the Service might have a low market capitalization and/or inadequate public float. These stocks inherently have higher risks compared to stocks from larger enterprises, encompassing enhanced volatility, reduced liquidity, and limited public information availability.
Portions of the Service may include automatically generated outputs that can be incomplete, incorrect, or outdated. Benson makes no promise of accuracy, completeness, timeliness, or fitness for any purpose, and has no duty to update any content. You must independently verify information before relying on it.
16. Brokerage Account
In order to utilize certain features of the Services, including authorizing Transactions (as defined below), Members must maintain an active account with a participating Third-Party Broker/Exchange (a “Brokerage Account”). Your Brokerage Account is governed by a separate agreement directly between you and the pertinent Third-Party Broker. Benson holds no liability whatsoever for your Brokerage Account. You further acknowledge that Benson has no control over Third-Party Brokers/Exchanges, and you might incur fees from the Third-Party Broker/Exchange. Benson is not liable for any fees imposed by Third-Party Brokers/Exchanges. You bear sole responsibility for your use of the Third-Party Brokers/Exchanges’ services and commit to adhere to all terms and conditions relevant to such services set by the respective Third-Party.
17. Transactions.
No Advisory Relationship; Mechanical Relay Only. Transactions available through the Services are entirely self-directed. Benson is a technology provider and not a broker, dealer, investment advisor, fiduciary, or tax advisor. Benson does not recommend or endorse any transaction, perform suitability analyses, or provide individualized advice. You must expressly opt in to each transaction. Benson’s role is limited to mechanically transmitting your self-directed instructions to your designated Third-Party Broker/Exchange. Benson does not exercise discretion over your account, hold customer funds or securities, or execute any transactions.
The Services enable Members to buy and sell particular Investments through their Brokerage Account (each, a “Transaction”). To facilitate Transactions via the Services, linking your Brokerage Account to the Services is necessary. Benson processes Transaction requests based on instructions from its Members. By initiating a Transaction on the Services, you grant Benson the authority to liaise with the respective Third-Party Broker/Exchange on your behalf and to relay the Transaction message to your Brokerage Account. The discretion of accepting and executing any Transaction lies solely with your Third-Party Broker/Exchange. Once a Transaction is finalized, the Investments will either be added to or deducted from your Brokerage Account and mirrored in your Services account.
Benson does not handle any funds, conduct any Transactions, or act as a broker-dealer, cryptocurrency exchange, money transmitter, money services business, bank, brokerage, or any other financial account. Instead, Benson solely communicates your purchase intentions to the Third-Party Broker/Exchange responsible for concluding the Transactions for you. While you may access information regarding investment opportunities through the Services, Benson is not involved in any Transaction related to such prospects. It is highly advised that Members perform their own due diligence for every Transaction. All messages dispatched via the Services are self-directed by you to your Third-Party Broker/Exchange. Third-Party Brokers/Exchanges, where Members maintain active accounts, are solely responsible for order execution and routing. Benson is exempted from the order routing or the execution of any transaction. Any confirmation for such Transactions will be issued only by the Member’s Third-Party Broker/Exchange. Members are wholly accountable for their orders and recognize that all orders are unsolicited and based on their individual investment choices. Benson and its affiliates, employees, agents, principals, or representatives do not endorse or recommend any transaction or order, offer personalized investment advice, endorse any specific investment, or execute any transactions. Any research or content provided through the Service is generated automatically and made available for general informational and educational purposes only, without regard to the individual circumstances of any user.
All transactions are executed exclusively by your Third-Party Broker/Exchange. Benson’s software transmits your self-directed opt-in instructions but does not initiate, recommend, or endorse any transaction. You understand and agree that Benson is not responsible for: (i) execution quality, (ii) failed, delayed, or rejected trades, or (iii) differences between displayed data and broker data.
18. Other Disclaimers
The Service may be temporarilyunavailable from time to time for maintenance or other reasons. The Companyassumes no responsibility for any error, omission, interruption, deletion,defect, delay in operation or transmission, communications line failure, theftor destruction or unauthorized access to, or alteration of, User Content. TheCompany is not responsible for any technical malfunction or other problems ofany telephone network or service, computer systems, servers or providers,computer or mobile phone equipment, or software due to technical problems ortraffic congestion on the Internet or at any site or in relation to the Serviceor combination thereof, including injury or damage to User’s or to any otherperson’s computer, mobile phone, or other hardware or software, related to orresulting from using or downloading Content in connection with the Web and/orin connection with the Service. Under no circumstances will the Company beresponsible for any loss or damage, including any loss or damage to any UserContent or personal injury or death, resulting from anyone’s use of the Serviceor any content posted on or through the Service or transmitted to or by Users,or any interactions between Users, whether online or offline.
The Service may provide informationfrom or links to certain brokerage companies for your convenience only. Bensonis not a registered broker-dealer and does not endorse or recommend theservices of any brokerage company. The brokerage company you select (and notBenson) is solely responsible for its services to you.
Benson, its affiliates, and partnersshall not be liable for any damages or costs of any type arising out of or inany way connected with your use of the services of any brokerage company.
The service and the content areprovided “as-is” and the company, its partners, and affiliates disclaim any andall representations and warranties, whether express or implied, includingimplied warranties of title, merchantability, fitness for a particular purposeor non-infringement. The company cannot guarantee and does not promise anyspecific results from the use of the service. The company does not represent orwarrant that software, content, or materials on the service or elsewhere areaccurate, complete, reliable, current, or error-free or that the service or anyof the servers used to operate the service are free of viruses or other harmfulcomponents. Therefore, you should exercise caution in the use and downloadingof any content or materials and use industry-recognized software to detect anddisinfect viruses. Without limiting the foregoing, you understand and agreethat you download or otherwise obtain content, data, or other material from orthrough the service at your own discretion and risk and that you will be solelyresponsible for your use thereof and any damages to your mobile device orcomputer system, loss of data, or other harm of any kind that may result.
For the avoidance of doubt, thecompany does not disclaim warranties for intentional breach of duty. Thewarranty disclaimer does not affect the limitation of liability as set outbelow.
Because some states or jurisdictionsdo not allow the disclaimer of implied warranties, the foregoing disclaimermay, in whole or in part, not apply to you.
We do not and cannot control theflow of data to or from our network and other portions of the internet,wireless networks, or other third-party networks. Such flow depends largely onthe performance of the internet and wireless services provided or controlled bythird parties. At times, actions or inactions of such third parties can impairor disrupt your connections to the internet, wireless services, or portionsthereof. We cannot guarantee that such events will not occur. Accordingly, wedisclaim any and all liability resulting from or related to third-party actionsor inactions that impair or disrupt your connections to the internet, wirelessservices, or portions thereof or the use of the service.
The Company reserves the right tochange any and all Content, software, and other items used or contained in theService at any time without notice. Reference to any products, services,processes, or other information, by trade name, trademark, manufacturer,supplier, or otherwise does not constitute or imply endorsement, sponsorship,or recommendation thereof, or any affiliation therewith, by the Company.
19. Limitation on Liability
In alignment with the utmost legalstandards, the company and its associates—including affiliates, partners,members, managers, directors, officers, employees, and agents—set a definitiveboundary for liability. Specifically, for any circumstance or cause that mayarise, our liability towards you will never exceed the total amount you'veremitted to the company for services during the six months leading up to theevent causing liability.
The company and its associates willnot be held accountable for indirect, consequential, special, exemplary, orincidental damages. This includes potential lost profits or data stemming fromthe utilization of the service or any related content, irrespective of whetherit was directly accessed or downloaded. This stance remains unchanged even ifthe company or its representatives are informed of potential damages.
It's important to understand that,should you not incur any charges for the service, your only remedy isinjunctive relief, as allowed by law. In such cases, you won't be entitled toclaim any damages from the company, irrespective of the reason.
However, we acknowledge thatspecific state laws may not recognize limits on warranties or the exclusion orcurtailment of certain damages. If you are governed by these laws, some of theaforementioned disclaimers, restrictions, or limitations might not be relevant,and you might possess added rights.
Under no circumstances shall Bensonbe liable for any trading losses, lost investment opportunities, diminution ofportfolio value, tax consequences, or other financial damages arising out of orconnected with your use of the Service.
20. Suspension & Termination
The integrity and fair usage of ourServices are paramount to us. If we detect any misuse or abuse of our Servicesfrom your end, we reserve the right to take action that we deem appropriate.This might include limiting, suspending, or terminating your user account(s)and your access to our Services. Additionally, we might delay or remove contenthosted by you, revoke any special status your account(s) might hold, adjust orremove listings associated with your account, curtail or nullify any applicablediscounts, and implement technical or legal measures to bar you from ourServices. Should a situation arise where users of your platform require refundsdue to your suspension or termination, you are obligated to compensate us forthe refunded amounts.
Our Company holds the right toterminate your account and remove your profile, along with any content you'veposted on the Service. We can prohibit you from accessing or using our Servicesfor any given reason or without one, at our absolute discretion. This mightoccur without any prior notice, especially if we suspect that you are below theage of 18.
21. Arbitration, Class Action Waiver, and Governing Law
This section encompasses an arbitration agreement and an assertion that all disputes will be presented solely in individual capacities, excluding class actions or other representative proceedings (known as the "Arbitration Agreement"). Read it thoroughly. Opting out of the Arbitration Agreement is possible by adhering to the procedure detailed subsequently.
Informal Resolution First: Should any disagreement arise between you and Benson, it is expected that you first approach Benson with a genuine, consistent attempt to amicably resolve the issue prior to pursuing more formal avenues, including any legal actions.
Arbitration Agreement: Should the informal resolution not yield results, any persisting dispute, controversy, or claim ("Claim") connected to your utilization of Benson's services/products, including this Service, or in relation to communications amongst you, Benson, or other service users, will be conclusively settled through binding arbitration. This Arbitration Agreement is binding to both you and Benson. Notwithstanding, this Arbitration Agreement doesn't cover (a) any Claim by Benson pertaining to its intellectual property violations or unauthorized Service access beyond the granted authorization as per these terms, or (b) hinder you from availing small claims court mechanisms when suitable. Individuals may opt out of this Arbitration Agreement within 30 days of initially accessing or using this Service by following the specified procedure.
Arbitration is less formal than court trials. Arbitrations lack judges or juries, instead, a neutral arbitrator addresses the dispute. Arbitration awards undergo limited court reviews. Unless there's a mutual agreement stating otherwise, arbitrators can bestow similar damages and remedies as courts. By accepting this, both you and Benson waive the right to a jury trial or participating in class actions. This arbitration provision remains effective post any termination of these terms.
The American Arbitration Association (“AAA”) will administer any arbitration. If you are an individual using the Service for personal use, the AAA Consumer Arbitration Rules apply; otherwise, the AAA Commercial Arbitration Rules apply. (Collectively, the “AAA Rules”.) The seat and legal place of arbitration is San Francisco, California. The proceedings will be conducted in English. The arbitrator’s award may be entered in any court having jurisdiction. See the AAA Rules at www.adr.org
There will be one arbitrator. The arbitration can be conducted over the phone, through written submissions, or personally in your residing county or any mutually agreed-upon venue. The proceedings will be in English, and California laws will be applicable. The arbitrator's award can be validated in any competent court.
The AAA's regulations will dictate all associated fees. If you're an individual not representing an entity, we'll cover fees for claims below $10,000, unless deemed frivolous by the arbitrator. We won't demand attorney fees or costs during arbitration unless claims are determined to be frivolous by the arbitrator.
Only the arbitrator, excluding federal, state, or local courts, holds the exclusive right to interpret, apply, or enforce this Arbitration Agreement, including any disputes regarding its validity or termination. However, the preceding statement doesn't pertain to the "Class Action Waiver" section detailed hereafter.
Scope of Arbitration. To the fullest extent permitted by law, this Arbitration Agreement applies to any and all claims, disputes, or controversies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, arising out of or relating to the Service, these Terms, any marketing or promotional statements, any alleged misstatements or omissions, and any communications between you and Benson.
Venue for Ancillary Proceedings. Any court action to compel arbitration, stay litigation pending arbitration, confirm/vacate/modify an award, or obtain provisional remedies shall be brought exclusively in the state or federal courts located in San Francisco County, California, and each party consents to that jurisdiction and venue.
Survival. This Arbitration Agreement, including the delegation clause and limitations herein, survives termination of the Service, closure or suspension of your account, and any cessation of your use of the Service.
22. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Benson each waive any right to a jury trial.
Survival. This Class Action Waiver is material and fundamental to the arbitration agreement and survives termination of the Service and these Terms.
23. Indemnity
To the fullest extent permitted by law, you agree to indemnify and hold Benson, its subsidiaries, affiliates, and their respective members, managers, directors, officers, agents, contractors, partners, and employees, harmless from any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, resulting from or related to your use of the Service, any Third-Party Services accessed through the Service, any Content you post or share via the Service, your behavior in relation to the Service or other Users, or any breach of these Terms, any law, or the rights of third parties. This indemnity will remain in effect even after your usage of the Service has ended. This includes holding Benson and its licensors harmless for any unauthorized or improper use of your account, even if it's by someone you granted account access to.
24. Equitable Remedies
You recognize that any breach of these Terms could cause Benson irreparable harm. Therefore, you concur that Benson has the right to seek and obtain immediate injunctive relief, in addition to any other rights and remedies it may possess, without needing to post a bond or demonstrate the insufficiency of a monetary remedy.
25. Apple App Use
If you're using the App from the Apple App Store, the following stipulations apply. In the case of any inconsistency between these Terms and this section, this section will prevail. You understand that these Terms are solely between you and Benson, with Apple having no liability for the App or its content. The App's use must align with the App Store's Terms of Use. Any warranty claims or failures will be managed by Benson and not Apple. If a third party claims the App infringes upon their intellectual property rights, it is Benson's responsibility to handle it. Apple and its subsidiaries are considered third-party beneficiaries concerning this agreement relating to the App.
26. Google Play Store App Use
For those obtaining the App from Google Play or its successors, should there be any discrepancy between the Google Play Terms and these Terms, the Google Play Terms will dominate for the App use acquired from Google Play. Both you and Benson recognize that Google is not held accountable for ensuring compliance with either these Terms or the Google Play Terms.
27. Comprehensive Agreement
This agreement, represented by these Terms, outlines the entire understanding between you and Benson concerning the use of the Service. It takes precedence over any previous agreements or understandings between you and Benson regarding this Service. A failure by Benson to exercise or advocate for any right or clause within these Terms does not equate to a waiver of said right or clause, presently or in the future. If, for any reason, a provision within these Terms is deemed unlawful, void, or unenforceable, that specific provision will be considered separate from the rest. This separation will not impact the validity or enforceability of the remaining provisions, ensuring they remain intact and in effect. These Terms are governed by the laws of the State of California, without regard to its conflicts-of-law rules, except to the extent preempted by federal law.
28. No Reliance; Entire Understanding Regarding Representations
You acknowledge and agree that you are not relying on any statement, representation, warranty, or promise of Benson, its affiliates, or any of their respective officers, directors, employees, or agents except as expressly set forth in these Terms. Without limiting the foregoing, you acknowledge that no oral or written statements outside these Terms— including any marketing materials, FAQs, educational content, “research” summaries, product descriptions, or customer communications—constitute legal, tax, or investment advice, or a representation on which you may rely.
29. Force Majeure
Benson shall not be liable for any delay or failure in performance to the extent caused by circumstances beyond its reasonable control, including without limitation: acts of God; natural disasters; public health events; labor disputes; supply-chain disruptions; utility, telecommunications, internet, cloud-service, or hosting provider failures; cyber attacks; denial-of-service events; changes in law or regulation; orders of courts or governmental authorities; or failures, outages, or actions of Third-Party Brokers/Exchanges or other third-party service providers. Performance shall be excused for the duration of the force-majeure event and for a commercially reasonable period thereafter.
30. Severability; Blue-Pencil
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. To the extent any provision is overbroad, a court may modify (“blue-pencil”) such provision so that it is enforceable to the maximum extent permitted by law while preserving the parties’ original intent.
31. Electronic Communications; E-SIGN Consent.
By creating an account or using the Service, you consent to receive all agreements, disclosures, notices, and other communications electronically (“Communications”). You agree that your electronic consent and signatures have the same legal effect as a handwritten signature. You are responsible for keeping your email address and mobile number current. You may withdraw consent by contacting hello@meetbenson.com, but we may terminate or limit the Service if you do so.
32. Assignment
You may not assign or transfer these Terms or any rights hereunder without Benson’s prior written consent. Benson may assign these Terms without notice to an affiliate, acquirer, or in connection with a merger, sale, or reorganization.
33. Changes to the Service
We may modify, suspend, or discontinue all or part of the Service at any time with or without notice. Where required by law, we will provide advance notice of material changes.
34. Beta/Experimental Features
Certain features may be offered as alpha, beta, or experimental (“Beta Features”). Beta Features are provided as-is, may be changed or discontinued without notice, may not be as reliable as the core Service, and are subject to the same disclaimers and limitations herein.
35. Notices
We may provide notices by posting to theService, emailing the address associated with your account, or by SMS (whereyou’ve consented). Notices are deemed given when sent or posted.