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Terms of Service

Last updated:  June 2021

By using this web site (the “Site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein (“Terms of Use”).  If you do not agree to the Terms of Use, please do not use the Site.  Benderson Development Company, LLC. and its affiliates (collectively, “Benderson Development Company, LLC”) reserve the right, in their discretion, to update or revise the Terms of Use.  Please check periodically for changes.  Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

GENERAL

You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Benderson Development Company, LLC or others.  Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms of Use by reference.  You agree to abide by such other terms and conditions.  If there is a conflict between the Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

THIRD PARTY SITES

The Site may link you to other web sites on the Internet.  Such other web sites may not be under the control of Benderson Development Company, LLC, and you acknowledge that Benderson Development Company, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect(s) of the content of sites that are not under the control of Benderson Development Company, LLC.  The inclusion of such a link does not imply endorsement of the site by Benderson Development Company, LLC or any association between Benderson Development Company, LLC and the operators of such other site.

LINKING TO THE SITE

Generally, Benderson Development Company, LLC does not mind if you have a text link from your web site to the Site.  However, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product.  Links to the Site must clearly identify Benderson Development Company, LLC as the source of information displayed and preserve the integrity of web pages associated with the Site without alteration.  Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

PROPRIETARY RIGHTS

Benderson Development Company, LLC is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content.  You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.

Benderson Development Company, LLC grants you a non-exclusive license to download, print, and make a reasonable number of copies of the content and materials available on the Site solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices and do not copy or post the content and materials on any network computer or broadcast the content and materials in any media.  Except as set forth in the preceding sentence or as separately authorized in writing by Benderson Development Company, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials.  Use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.  You acknowledge and agree that the unauthorized use of the contents and materials on the Site could cause irreparable harm to Benderson Development Company, LLC or its licensors and that in the event of such unauthorized use, Benderson Development Company, LLC or its licensors shall be entitled to injunctive relief in addition to any other remedies available at law or in equity.

Benderson Development Company, LLC cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by Benderson Development Company, LLC).  All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.

If you have any questions about the non-exclusive license granted herein or if you would like to request additional rights, please write to Benderson Development Company, LLC, 7978 Cooper Creek Blvd., University Park, FL 34201 Attn: Webmaster; e-mail address: masterbendersonwebsite@benderson.com.

USER-GENERATED CONTENT

From time to time, some of the content displayed on the Site may be submitted, transmitted, posted, or otherwise provided by you or other users of the Site over whom Benderson Development Company, LLC exercises no control (“User-Generated Content”).  Such users are solely responsible for any User-Generated Content displayed on the Site.  Benderson Development Company, LLC disavows responsibility for User-Generated Content to the extent permitted by law, and has no obligation to screen any User-Generated Content in advance.  Benderson Development Company, LLC may in its sole discretion at any time remove or alter any User-Generated Content or take any other actions with respect to such User-Generated Content.  Benderson Development Company, LLC has no liability or responsibility to users for performance or nonperformance of such activities.  Should you come across any content that you find objectionable, you can bring it to our attention by e-mailing us at masterbendersonwebsite@benderson.com.

Other than with respect to Feedback (which is assigned to Benderson Development Company, LLC as described below), you own and retain the copyright in any original User-Generated Content you post or submit to us for display on the Site.  We do not claim ownership of any copyrights in User-Generated Content.  However, by using this Site you are granting Benderson Development Company, LLC and its subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize User-Generated Content you post or submit in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.  For this reason, we ask that you not post or submit any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas.

It is a condition of these Terms of Use that you do not:

  • upload, post, transmit or otherwise make available
  • any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
  • any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
  • any User-Generated Content that is false, misleading, or fraudulent;
  • any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
  • any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
  • any request for or solicitation of any personal or private information from any individual;
  • any request for or solicitation of money, goods, or services for private gain;
  • 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; or
  • any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content or submitting such User-Generated Content to Benderson Development Company, LLC for display on the Site, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood-and your User-Generated Content fully complies with-these Terms of Use and applicable laws and will not cause injury to any person or entity.

FEEDBACK

From time to time, the Site may provide you an opportunity to communicate with Benderson Development Company, LLC to provide User-Generated Content or other information that specifically concerns how Benderson Development Company, LLC can improve the Site and/or the products and services made available through the Site or advertised on the Site (collectively, “Feedback”).  Please be aware that any Feedback communicated to Benderson Development Company, LLC through the Site or otherwise, whether such Feedback consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary.  Any Feedback you submit, transmit, or post becomes the exclusive property of Benderson Development Company, LLC.  Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without crediting or compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY

In order to access some features of the Site, you may need to create a user account with an e-mail address and/or other personal information.  When creating your account, you must provide accurate and complete information.  You are responsible for maintaining the confidentiality of any user ID and password, and you are fully responsible for all activities that occur under your account.  Benderson Development Company, LLC disclaims any and all liability or responsibility for such use.

DISCLAIMER OF WARRANTIES AND LIABILITY

The information available on the Site is for informational purposes only.  You should not assume that the information provided is always complete, reliable, or up to date.  Nothing on this Site should be interpreted as investment, financial, tax, or legal advice.  You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content.  In exchange for using such data, information, or content, you agree not to hold Benderson Development Company, LLC or any of its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site.

None of the information available on the Site constitutes an offer to sell or a solicitation of an offer to buy any securities, investment products, or investment services.  Past performance is not necessarily indicative of future performance and is not a guarantee of future results.  Information presented on the Site, including any pricing, valuations, or comments on specific properties, if any, reflects the authors’ subjective analyses and other information available as of the publication date indicated.

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY USER-GENERATED CONTENT (COLLECTIVELY, THE “CONTENT”), ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  BENDERSON DEVELOPMENT COMPANY, LLC DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL BENDERSON DEVELOPMENT COMPANY, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BENDERSON DEVELOPMENT COMPANY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES BENDERSON DEVELOPMENT COMPANY, LLC SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Benderson Development Company, LLC, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site.  Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to Benderson Development Company, LLC:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
  • identification of the content that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Benderson Development Company, LLC to locate the content;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

Please send such notice to:

Benderson Development Company, LLC
7978 Cooper Creek Blvd
University Park, FL 34201
Attention:  Legal Department
Email address: masterbendersonwebsite@benderson.com

CHOICE OF LAW AND FORUM

The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be the state or federal courts located in Erie County in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Benderson Development Company, LLC with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Benderson Development Company, LLC with respect to the Site.  If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Benderson Development Company, LLC, and the remaining portions shall remain in full force and effect.

TERMINATION

Benderson Development Company, LLC reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice.  You agree that Benderson Development Company, LLC shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site.

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