IBENNIE TERMS OF USE
Last Updated: May 1st, 2017
 

Welcome, and thank you for your interest in www.iBennie.com ("Site"), a website owned and operated by Valoretek LLC (“dba iBennie”). This website is provided as an exclusive membership for members who are invited to participate.  The services, for example, allow members to access coupons and discounts to certain third-party merchants (“Merchants”) for online or in-store use. The following Terms of Use are a legally binding contract between you and iBennie regarding your use of website, mobile applications, networks, and other related features or services (collectively, the “Service”).

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING "I ACCEPT," REGISTERING FOR AN ACCOUNT, DOWNLOADING AN IBENNIE MOBILE APPLICATION, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE IBENNIE PRIVACY POLICY, ANY APPLICABLE END USER LICENSE AGREEMENT, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").

 

If you are not eligible, or do not agree to all of the Terms, then please do not use the Service.

  1. Eligibility. You must be at least eighteen (18) years old to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years old (ii) that you have not previously been suspended, removed or deactivated from the Service and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
  2. Privacy Policy; End User License Agreement; Additional Terms
    1. Privacy Policy. Please read the iBennie Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. The IBennie Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
    2. End User License Agreement. Your use of any mobile application or other downloadable software we may provide (each, an "App") is subject to an End User License Agreement. The applicable End User License Agreement depends on the platform on which the App is designed to run and the features of the App. The End User License Agreement will be presented to you when you download and/or install the App and will be accessible through the App. Apps are deemed part of the Service, and all such End User License Agreements are hereby incorporated into, and made a part of, the Terms by reference.
    3. Additional Terms. Your use of the Service is subject to any additional terms, rules, or guidelines applicable to certain services and features which we may post from time to time (the "Additional Terms"). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms.
  3. Modification of the Terms. We reserve the right, at our discretion, to change the Terms of Use on a going forward basis at any time. Please check the Terms of Use periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms of Use materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Service when you log in. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms of Use in effect that the time the dispute arose.

4.    Accounts and Registration. To access most features of the iBennie Service you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to notify us immediately at support@iBennie.com

 

5.    Exclusive Membership Benefit. This membership gives you ways to save money while creating donations for your favorite cause:

                      I.        Exclusive Travel Savings – on hotels, rental cars and cruises

                    II.        Optional In-Store discounts – to access local savings and discounts deals which is powered by Entertainment for $20.00 annually

                   III.        Earn Cash Back – from over 2000+ online retailers

                  IV.        Pharmacy discount program – save up to 70% on prescription medications

                    V.        Print grocery coupons for savings

                  VI.        Auto, Home, Life, Health Insurance quotes- use our brokerage network to make insurance companies compete for your business

                 VII.        Donations- IBennie makes a donation on just about every purchase you make. A percentage of the proceeds is donated to a charity of your choice (In-Store offers are excluded)

 

6.    Commitment to Community Philanthropy. As part of iBennie commitment to community philanthropy, IBennie provides any qualifying entity access to the IBennie program at no charge. If you have an interest or know of a worthy charitable organization, please contact us at support@iBennie.com

 

Over thousands of charities, schools, volunteer services, hospitals, political organizations, fraternal organizations, professional associations, youth sports clubs and religious organizations currently utilize our web site and mobile app as a tool in their fundraising efforts.

 

7.    Terms, Conditions and Responsibilities. Set forth are the terms, conditions and responsibilities that apply to both your access to, and your use of, www.iBennie.com, including the information, material, content, products, and services available through www.iBennie.com.

BY YOUR USE OF www.iBennie.com,YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, AND AGREE TO FULLY COMPLY WITH, ALL OF THE TERMS, CONDITIONS AND RESPONSIBILITIES NOTED HERE WHICH FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU, IBENNIE (THE "TERMS OF USE" ) IF YOU DO NOT ACCEPT THESE TERMS, CONDITIONS & RESPONSIBILITIES OF USE OF www.iBennie.com, BY CLICKING "I ACCEPT" WHERE INDICATED, YOU ARE NOT GRANTED ACCESS TO www.iBennie.com, AND YOU ARE PROHIBITED FROM USING www.iBennie.com.

Your Use of www.iBennie.com and the material or content posted on www.iBennie.com and any associated Interaction Services (such as email, blogs, forums, chat rooms, etc.) is also included in our Terms of Use. We reserve the right to alter the Terms of Use, including its terms, conditions and responsibilities, including our Privacy Policy (available on www.iBennie.com) from time to time. Such modifications shall be effective the 1st day from the date of posting them on www.iBennie.com. You should review this Terms of Use and the separate Privacy Policy on a periodic basis so that you always will know what terms and conditions apply to your access to and use of www.iBennie.com. You will not receive separate notification that any changes have been made to www.iBennie.com, no matter the scope and importance of the changes. Your continued use of www.iBennie.com after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. At any time, the material, content, or functionality on www.iBennie.com may change, and/or we may restrict access to, suspend or discontinue www.iBennie.com or any portion thereof for any reason whatsoever and solely at our discretion. We reserve the right to solely determine to refuse service, terminate accounts, and/or cancel orders at our sole discretion, including, but not limited to, if we believe that the conduct of any member violates applicable law or is harmful to the interests of IBennie, its owners, employees, contractors, users, licensors, licensees, partners, or affiliates. Note that it is your responsibility to protect the confidentiality of your password(s), if applicable. Please see our separate Privacy Policy for the terms applicable to our practices with regard to collection and use of user/customer data.

8.    Permitted Use. All of the content in the Site is made available only for your personal, lawful, non-commercial use in connection with seeking the products and services offered on the Site. Use of the Site by a competitor company or other non-consumer third party is prohibited. Except as expressly mandated by law, you may not, without our prior written permission: (i) link from another website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Site; or (iii) engage in systematic retrieval of data or other content from the Site.

9.    User Content

                      I.        User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, images, folders, data, text, and other types of works (collectively called, "User Content") and to publish User Content on the Service.

                    II.        Limited License Grant to iBennie. By posting User Content, you grant iBennie and a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.

      1. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

a)    You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize iBennie and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you  and in the manner contemplated by iBennie and the Terms

b)    Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) contain any viruses, adware, spyware, worms, or other malicious code; or (d) violate any applicable law or regulation.

2.     User Content Disclaimer. We are under no obligation to edit or control User Content that you and other users post or publish, and will not be in any way responsible or liable for User Content. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iBennie with respect thereto. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, iBennie does not permit copyright infringing activities on the Service.

 

10.  Privacy and Passwords. IBennie values and protects the privacy of your information. Please review the Privacy Policy, as it contains important information relating to your use of the Site. Some portions of the Site are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify IBennie immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if IBennie believes that any unauthorized access may occur or has occurred; IBennie may terminate such access without prior notice to you. You also agree that IBennie is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

 

11.  Privacy and Passwords. IBennie values and protects the privacy of your information. Please review the Privacy Policy, as it contains important information relating to your use of the Site. Some portions of the Site are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify IBennie immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if IBennie believes that any unauthorized access may occur or has occurred; IBennie may terminate such access without prior notice to you. You also agree that IBennie is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

 

12.  Our Products and Services. The information and materials provided in the Site are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to IBennie products and services. All product and services are subject to the terms and conditions of the third party provider of such products and services. Products and services and their availability may vary by state and your individual circumstances, and additional limitations may be required in your state. The products and services offered in the Site are only available in the jurisdictions in which IBennie third party providers are properly licensed or permitted to do business.

 

13.  Third Party Sites. At times, the Site may have links to websites hosted by other parties ("Third-Party Sites"), or such Third-Party Sites may have links to the Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by IBennie of the Third-Party Sites. The Third-Party Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. IBennie does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Third-Party Sites. You should read the privacy policies and terms of use agreements of all Third-Party Sites.

 

The insurance or loan products and options, vehicle financing options, and other services made available by participating insurance companies or brokers, credit institutions and automobile dealerships third parties should be evaluated by you using your own judgment and with the input of your own financial advisor(s) and broad research using multiple sources. www.iBennie.com does not recommend, endorse, or in any way favor any of the products or services of any third party insurance company or broker, credit institution, lender or automotive dealership that may obtain your “Request for Quote” form from us through our web site.

 

IBennie is not an insurance company, a lender or originator of loans or involved in credit decisions in connection with auto financing, nor are we an automotive dealership or brokerage.

 

IBENNIE DISCLAIM ALL LIABILITY WITH REGARD TO YOUR CHOOSING TO ACCESS SUCH LINKED OR REFERENCED WEB SITES. ACCESS TO ANY OTHER INTERNET WEB SITES LINKED TO www.iBennie.com IS SOLELY AT YOUR OWN RISK. BY USING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT IBENNIE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SERVICES OR PRODUCTS OFFERED BY, OR THE CONTENT LOCATED ON, ANY SUCH THIRD-PARTY WEB SITE.

14.  Cancellation Conditions. The following are the cancellation conditions for products and services offered on www.iBennie.com

                      I.        Monthly Subscriptions - Members have the right to cancel any subscription at any time and IBennie will cease collecting the next month’s monthly fee. There are no refunds or pro-rata reimbursement of the periodic charge (monthly) to the Member. Any cancellation during the month is effective on the 1st day of the following month.

                    II.        Charitable Contributions (Donations) – A Member or consumer making a charitable contribution. There is no cancellation or refund for any charitable contribution.

                   III.        Online Products and Services – Members should read the terms and conditions set forth by the third party provider of the product or service purchased online for their return and cancellation policy.

                  IV.        IBennie In-Store Savings Pass –There is no cancellation or refund available on the IBennie In-Store Savings Pass.

 

15.  Earning Cash Back. Earning back a portion of your purchases as cash back ("Cash Back") is straightforward. Go to IBennie Online Shopping Mall and select a store displayed on www.iBennie.com click the accompanying shopping link to be directed to an affiliated store's website ("Affiliate Store"), and complete a purchase to earn Cash Back on your net purchase amount. Specific Cash Back amounts vary by store and product category and are provided in detail at www.iBennie.com. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Certain Affiliate Stores exclude a limited number of products and purchases from the Cash Back Program. IBennie does its best to minimize and maintain an up-to-date list of exclusions on www.iBennie.com. Additionally, to earn Cash Back, you must complete your purchase during the same shopping session you start after clicking on the IBennie link. If you visit other sites before completing your purchase or use coupons not provided by IBennie, your purchase might be associated with a service other than IBennie and you might not earn cash back on your purchase. If you disable 'cookies' on your computer you will not be able to earn Cash Back as cookies are used to authenticate the user and to assigned Cash Back to the Member account.

 

16.  Earning Other Rewards. From time to time, iBennie may introduce special bonuses or incentives for users to refer others to iBennie, using a personal referral code or URL. Users shall not be eligible to earn these bonuses if they invite other users who share the same mobile device or if they create multiple accounts in an effort to earn referral bonuses for inviting themselves. Such actions violate these Terms of Use and shall be grounds for iBennie to terminate a User's account, rescind any referral bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where a user cannot produce examples of how referrals have taken place, including screenshots of where referrals were made, IBennie reserves the right to decline to award Referral Bonuses, rescind bonuses, demand repayment of Rewards credited, or take other remedial actions.

 

17.  Taxes. Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of Rewards

 

18.  Receiving Cash Back Payment. To receive payment of accrued Cash Back amounts listed on your “My Cash Back Account”, you must establish and maintain an active account with IBennie with the information necessary to process your payment as follows:

                      I.        A valid email address at which you are able to receive email, 

                    II.        A valid postal address at which you are able to receive mail

                   III.        Your first and last name, and

                  IV.        A password to protect your account

To maintain your “My Cash Back Account” as an active account, you must update your information if it changes and have shopped via www.iBennie.com or have accrued Cash Back at any time within the last twelve (12) months. Any member with an accrued Cash Back balance under $25.00 and no shopping activity via www.iBennie.com at any time within the last (18) months shall be forfeited by the member and the Cash Back funds shall be retained by IBennie and forwarded to the State of Colorado trustee for unclaimed accounts.  Any member with an accrued balance over $25.00 that is not an active account (invalid information as described above for an active account) and no shopping activity via www.iBennie.com at any time within the last (18) months shall be forfeited by the member and the Cash Back funds shall be retained by IBennie and forwarded to the State of Colorado trustee for unclaimed accounts.

Purchases Posted Between

Checks Sent

January 1 – March 31

May 15

April 1 – June 30

Aug 15

July 1 – September 30

Nov 15

October 1 – December 31

Feb 15

 

IBennie offers several ways to receive payment. Member may select or change their payment options in the My Cash Back Account section of www.iBennie.com. Each payment represents Cash Back earned and accrued during the prior quarter.

1.     Check: We will send a check directly to you.  Simply make sure your account is updated (including your address) before we send out a payment.

2.     Check: We will send a check directly to you.  Simply make sure your account is updated (including your address) before we send out a payment.

3.     Donate to Charity: We all love generosity, thank you for choosing to donate your payment to your favorite charity. 

Note: iBennie does not validate the tax-deductibility of donations that you send to charities.  It is your sole responsibility to document donations and to determine that donations are tax-deductible.

Purchases you make from a few Affiliate Stores may be delayed by one pay cycle due to delayed processing and reporting by the stores to IBennie. We do our best to expedite payments and to maintain a listing of stores whose practices might delay our ability to pay Cash Back on your purchase. IBennie reserves the right to delay Cash Back payment for any purchase based on changes to Affiliate Store policies and procedures at any time.

19.  Children. This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.

 

20.  Consent to Email Communication. When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this Website. We do not include details of your personal financial or medical information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the www.iBennie.com site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal financial or medical information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.

 

21.  Emails to Participating Member Addresses. The IBennie e-mail system is a private e-mail system intended only for purposes authorized by IBennie and its licensees.  E-mail marketing will be sent to Members to disseminate product and service information, educational messaging and special offers to its Members. At the time of your registration, you are authorizing IBennie and licensees to send emails to you. If you wish to discontinue receiving email, please contact support@iBennie.com to opt-out of receiving further email from IBennie and its licensees. You are not authorized to send numerous unsolicited commercial e-mail messages to any e-mail addresses at @iBennie.com or its Members. IBennie reserve the right to take actions as may be necessary to prevent misuse of its e-mail system by unauthorized parties.

 

22.  Anti-Spam Policy. This Anti-Spam Policy ("Policy") applies to IBennie e-mail distribution services made available through the IBennie website (the "E-Mail Services").

Why You Received the E-Mail If you received an e-mail through IBennie' E-Mail Service, then you either

                i.                        Have your e-mail address listed as being an account holder, or

               ii.                        Have an existing business relationship with our account holder and have expressly shared this address for the purpose of receiving information in the future ("opted-in").

 

How to Un-Subscribe IBennie has included at the end of each e-mail sent an easy, automated way for you to cease receiving e-mail from the lists your are subscribed to, or to change your expressed interests. If you wish to do this, simply click the "Unsubscribe" button in the bottom of all emails.

Reporting Violations If you suspect any violation of this Policy, then please report the suspected violation to Support@IBennie.com.

ISP and Blacklist Admin Relations IBennie values its relationships with ISPs and Blacklist administrators. We welcome the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or Blacklist administrator and would like to get in touch with us, please e-mail Support@ IBennie.com. And if you have any Spam concerns about any particular e-mail delivered via IBennie' E-Mail Service, please attach the e-mail, in its complete form (including headers).

23.  SMS. You may receive an SMS from iBennie if you are invited by another user to join iBennie. You can stop receiving SMS messages at any time by texting "STOP" to 45987. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

                      I.        If at any time you forget what keywords are supported, text "HELP" to 11111. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

                    II.        As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user's interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@iBennie.com.

 

24.  Third Party Services & Websites. iBennie may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on iBennie with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. iBennie does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Third-Party Sites. These third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should read the privacy policies and terms of use agreements of all Third-Party Sites.

 

25.  Licensing/Ownership. www.iBennie.com and all associated material or content displayed on www.iBennie.com including all text, video, graphics, and images, as well as all software, data and information used to provide www.iBennie.com and any associated services, as well as any and all methods of presentation and display of all information, source code, programs, embedded routines, and other materials, as well as all patents, copyrights, trademarks, and other intellectual property rights therein or thereto, are owned by IBennie, and/or its owners, partners, affiliates, licensors, or licensees, and are protected under trademark, copyright, and other applicable laws and treaties, including all applicable intellectual property laws.

As part of this agreement, we grant you the limited, nonexclusive, revocable, and non-transferable right and license to access, view, or download a single copy of the material or content from www.iBennie.com for informational purposes only. This limited license right is granted solely for your personal use of www.iBennie.com as specifically authorized in this Term of Use. You shall not reproduce, modify, distribute, display, or in any other way use www.iBennie.com or any elements thereof for any purpose without the express written consent of IBennie or as otherwise specified in this Term of Use. IBennie reserves all rights not expressly granted to you by us in this Term of Use. You expressly agree that you will not use www.iBennie.com or any material or information from www.iBennie.com for commercial purposes. You acknowledge and agree that you do not acquire any ownership rights by accessing, viewing, or downloading any material or content, whether or not that material or content is copyrighted. www.iBennie.com contains certain trademarks, copyrighted works, and service marks owned by IBennie, and may also contain trademarks, copyrighted works, and service marks owned by affiliates, partners, and others who are associated with IBennie and www.iBennie.com. You agree that you will not use, copy, or otherwise in any way infringe upon these trademarks, copyrighted works, or service marks. You further agree that you will not remove, copy, or alter any copyrighted work, service mark, trademark or any other notices from any of the material or content on www.iBennie.com. Any use of meta-tags or any other "hidden text" utilizing the names, service marks, copyrights, or trademarks of IBennie, its owners, partners, affiliates, licensors or licensees is strictly prohibited without receiving express written consent from IBennie. You are prohibited from, in any way, disassembling or decompiling, reverse engineering, or otherwise attempting to discover any source code contained in www.iBennie.com or any of the associated Services. In addition, and without limiting the generality of the other restrictions set forth in this Term of Use, you are also prohibited from accessing, copying, or monitoring any information, material or content of www.iBennie.com using any automated means including using scrapers, robots, deep links, spiders, crawlers, or any other algorithm, methodology, or device or any manual process for any purpose whatsoever.

 

26.  Use of www.ibennie.com is at Your Own Risk. Before acting on any material or content you have found on www.iBennie.com, you should obtain independent confirmation of any such material or content that is part of your decision. YOU EXPRESSLY AGREE THAT, IF YOU CHOOSE TO RELY ON ANY MATERIAL, CONTENT, OR SERVICE MADE AVAILABLE THROUGH www.iBennie.com, and YOU DO SO SOLELY AND COMPLETELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY AND COMPLETELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR RESULTING FROM YOUR USE OF ANY SUCH MATERIAL, CONTENT, OR SERVICE. www.iBennie.com may allow third parties to advertise products or services offered by third-party vendors, either from third party web sites or using other sales channels. With respect to such third party advertising, IBennie is not involved in the selling of these advertised items and is not involved in any transaction between any seller and buyer. Without limiting the foregoing, IBennie does not warrant, guarantee, or insure any advertised item or the completion of any transaction. In addition, and without limiting the forgoing, IBennie does not collect or process payments, act as an escrow service, or transfer title, nor do we manufacture, warehouse, store, ship or deliver any item that is advertised. YOU EXPRESSLY AGREE THAT, IF YOU CHOOSE TO DO BUSINESS WITH, OR PURCHASE ANY PRODUCT OR SERVICE FROM, ANY ADVERTISER ON www.iBennie.com, YOU DO SO SOLELY AND COMPLETELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY AND COMPLETELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR THAT RESULTS FROM YOUR PURCHASE OR USE OF ANY SUCH PRODUCT OR SERVICE MADE AVAILABLE FROM SUCH ADVERTISERS.

 

27.  Disclaimer of Warranties. ALL INFORMATION, PRODUCTS, CONTENT AND OTHER MATERIALS IN THE SITE, ACCESSIBLE FROM THE SITE, OR IN A THIRD-PARTY SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS MEANS THAT IBENNIE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, IBENNIE DOES NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; (II) DEFECTS WILL BE CORRECTED; (III) THE SITE, ANY EMAILS SENT BY IBENNIE, OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL DEVICES; (IV) THE SITE WILL BE AVAILABLE TO YOU OR THAT YOU WILL QUALIFY FOR PRODUCTS OR SERVICES OFFERED; (V) THE MATERIALS IN THE SITE WILL BE ACCURATE AS OF ANY PARTICULAR DATE; OR (VI) THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE ARE AVAILABLE OUTSIDE OF THE UNITED STATES OR IN JURISDICTIONS IN WHICH THIRD PARTY PROVIDERS IS NOT PROPERLY LICENSED TO DO BUSINESS.

IF YOU ARE IN A STATE THAT DOES NOT ALLOW A DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER OR A PORTION OF IT MAY NOT APPLY TO YOU.

NO MATERIAL, CONTENT OR ANY OTHER INFORMATION, WHETHER VERBAL OR IN WRITING, OBTAINED BY YOU FROM www.iBennie.com OR IBENNIE OR THROUGH OR ANY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.



 

You agree that, as with any online service, content omissions, service interruptions, delays, information inaccuracy, typographical errors, and/or other problems with the content, products and services available through, published on, or promoted via www.iBennie.com are inevitable. This includes material, content, products, and services referred to, advertised, or promoted on, or sold though www.iBennie.com. Neither IBennie, nor any of its owners, employees, contractors, partners, affiliates, licensors, or licensees warrant that www.iBennie.com or the server that makes it available are free of viruses or other harmful elements, will provide uninterrupted service, or are error-free in regard to material or content, nor does IBennie make any warranty as to the results that may be obtained from the use of www.iBennie.com, or as to the completeness, accuracy, or reliability of the information or of any material, content, product or service provided or made available through www.iBennie.com.



 

28.  Limitations of Liability. NEITHER IBENNIE, NOR ANY OF ITS OWNERS, PARTNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY OR ALL ERRORS, OMISSIONS, INACCURACIES, OR ANY OTHER DEFECTS IN THE MATERIAL, CONTENT OR INFORMATION PROVIDED ON WWW.IBENNIE.COM IN NO EVENT SHALL IBENNIE, ITS OWNERS, PARTNERS, AFFILIATES, LICENSORS OR ITS LICENSEES OR PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, WWW.IBENNIE.COM OR ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH WWW.IBENNIE.Com, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA, EVEN IF IBENNIE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



 

If you are in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you acknowledge and agree that, without limitation to the foregoing, the entire liability, if any, of IBennie, its owners, employees, contractors, partners, affiliates, licensors and licensees arising out of any kind of legal claim, damages, losses, injuries, or claims of any kind or nature, whether in contract, tort or under any other legal theory, arising out of your access to, or use of, or inability to use, www.iBennie.com or any material, content, products or services made available through www.iBennie.com shall not exceed $50.00 or the compensation you paid IBennie, whichever is less.



BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PREVIOUS DISCLAIMER, EXCLUSION, AND LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY ACCORDING TO JURISDICTION. IN NO EVENT WILL DAMAGES PROVIDED BY LAW (IF ANY) APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE, NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT.

29.  Release and Indemnification. You agree to release, defend and hold harmless IBennie, its owners, employees, contractors, partners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney’s fees, arising from or relating to:

                      I.        Your access to or use of www.iBennie.com or your breach of this Terms of Use, or

                    II.        Any dispute between you and any third-party, including, without limitation, any other user, any advertiser, or any party to any actual, prospective or terminated sale or transaction.

 

30.  Collection and Use of Customer Data. Note that any and all personally identifiable information provided to us by you in your electronic communications is governed by the IBennie Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read the Privacy Policy, the terms of which are incorporated in this Terms of Use by reference.

 

31.  Request for Insurance Quotes and Coverage. On-line quotes may not be available for all states or provinces, products, services or coverage selections. For additional information about products, services or coverage selections please contact the third party provider directly at support@iisbrokers.com. All quotes are provided by third party providers to this Site and are estimates based upon the information you provided and do not represent a contract, binder, or agreement to extend insurance coverage. To obtain coverage you must finalize your application with the third party insurance company or broker and your request is subject to underwriting approval. Coverage and availability may vary by state or province; and additional minimum coverage limits may be available in your state.

 

32.  Use of Cookies. As part of your interaction with www.iBennie.com, we may place "cookies" on your computer. "Cookies" are small data identifiers sent from a web server and stored on a computer’s hard drive. They help us to recognize you if you visit www.iBennie.com again in the future. We also use cookies to determine and track how you found www.iBennie.com. The design and intent of cookies is that they are not to be used to obtain data from your hard drive, your email system, or gather any other personal information about you. To protect your privacy we do not use cookies to store or transmit any personal information about you on the Internet. In almost all cases, you can reject cookies by changing your browser settings. Please note, however, that if you reject our cookies it is possible that some web pages from www.iBennie.com may not properly load, you may have to enter information about yourself more than once, or your access to certain information could be denied

 

33.  Data Security Measures. www.iBennie.com uses reasonable electronic, procedural, and physical methodologies to protect, safeguard, and help prevent unauthorized access to user data.

 

WHILE WE BELIEVE THESE EFFORTS TO BE REASONABLE TO HELP ENSURE THE CONFIDENTIALITY OF YOUR PRIVATE AND PERSONAL INFORMATION, IBENNIE DOES NOT WARRANT AND DOES NOT GUARANTEE THE ABSOLUTE SAFETY AND SECURITY OF CONFIDENTIAL DATA.

 

34.  Interaction Services and Posting of Information and Ideas. IBennie may, in the course of ordinary business, provide a wide variety of services on www.iBennie.com. Using some of these services, you may be able to directly interact with other users and customers of www.iBennie.com through the utilization of services such as email, blogs, forums, chat rooms, social media options, communications tools, classifieds and other user-submitted advertising (where allowed), as well as other public posting areas ("Interaction Service(s)"). IBennie cannot and does not review every posting made in our chat rooms, blogs, forums, and other public areas. These areas will include comments, opinions and general information from a diverse group of individuals and organizations. IBennie does not endorse or guarantee the accuracy of any posting, even if that posting was from a member of our staff. IBennie are not responsible or liable for, and do not assume any responsibility with respect to, the views and opinions expressed by any and all individuals posting on any Interaction Service. As a rule, we do not review private electronic messages that are not addressed specifically to IBennie. We do, however, reserve the right to review such messages and to use any other forms of information available to us as a result of your use of www.iBennie.com in order to comply with applicable laws, to enforce our Terms of Use, or to protect the rights, property or safety of visitors to www.iBennie.com, our users and customers, the public at large, or IBennie, and its owners, employees, contractors, partners, affiliates, licensors or licensees. IBennie reserves the right, without assuming any obligation, to review the material or content of www.iBennie.com, including message boards, forums, blogs, chat rooms, and other information posted to www.iBennie.com to determine compliance with this Terms of Use, and to satisfy any law, regulation or authorized request by a government agency. In our sole discretion, IBennie staff shall have the right to deny a post, delete, move, or edit any messages or other postings that come to our attention that we consider vulgar, dangerous, unacceptable, offensive, or in any other way inappropriate. You agree not to submit, post, or in any way transmit through www.iBennie.com or any associated message boards, forums, blogs, chat rooms, or listings, any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, defamatory, invasive of privacy or publicity rights, obscene, profane, misleading, fraudulent or otherwise objectionable, that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or solicitation messaging.

Note that the sender of any communications to www.iBennie.com (or otherwise to the owners, employees, or contractors of www.iBennie.com), or the posting to any associated message boards, forums, blogs, chat rooms, listings, or other Interaction Service shall be solely responsible for the content and information contained therein. By posting material or content, you represent and warrant that you: (i) either own or (ii) otherwise control all rights necessary for you to provide, upload, post, or submit that material or content. Without limitations to the foregoing, you shall be solely liable for any damage resulting from any infringement of trademarks, service marks, copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to www.iBennie.com or any associated Interaction Service. IBennie reserves the right to deny access to www.iBennie.com and any associated Interaction Service to anyone who is in violation of this Term of Use or who infringes on the rights of others or interferes with the ability of others to use and enjoy www.iBennie.com. IBennie will comply with any and all requirements of law regarding message disclosure to other parties, including law enforcement agencies and governmental agencies. As part of your use of or interactions with www.iBennie.com and any associated Interaction Service, you may post or otherwise submit specific material, content, information, ideas, concepts, strategies, techniques, data, or inventions (collectively, "Concepts") to our organization via www.iBennie.com. IBennie makes no claim of ownership of any such Concepts that is posted or communicated to us by customers or users however, by submitting communications, materials or Concepts to any Interaction Service or any public area of www.iBennie.comm, or via email communications to IBennie, you irrevocably grant IBennie, its owners, employees, contractors, partners, affiliates and licensees the royalty-free, perpetual, non-exclusive right and license to use, reproduce, modify and distribute such material and Concepts alone or as incorporated into other works in any form on a worldwide basis. You also permit any other user of www.iBennie.com to access, view, and store or reproduce the material and/or Concepts for that user’s personal use, which may include disclosure to other parties. By posting or submitting such information, you hereby waive any and all claims that IBennie in any way violated or infringed upon or misappropriated any such materials, communications, or Concepts.

 

35.  Violations of this Terms of Usage. You expressly acknowledge and agree that IBennie may keep any communications from you to us or any postings or other communications made by you using www.iBennie.com or any Interaction Service or other services offered on or through www.iBennie.com. We may also disclose such information if we are required to do so by law or if, in our sole judgment, we determine that such disclosure is necessary to enforce this Terms of Use, ensure compliance with any legitimate legal process, respond to any claims that such data in any way violates the rights of others, or to protect IBennie, its owners, employees, contractors, partners, affiliates, licensors and licensees, or its employees, users of, or visitors to www.iBennie.com, and the general public at large.

Information we have about you, which may include your identity, may be disclosed by us to others if, in our sole judgment, we determine that such disclosure is necessary in connection with a complaint or investigation with regard to your use of www.iBennie.com. We may also disclose information about you in order to contact you or bring legal action against you, or any other person, who may be causing injury to IBennie, our general rights or property, or the rights or property of visitors, users, or customers of www.iBennie.com. At all times we reserve the right to disclose any information that is deemed necessary when we determine that applicable law requires or permits such disclosure, including exchanging information with other organizations for the purposes of fraud protection and prevention. If we determine that you have, in any way, violated this Terms of Use or any other agreements or terms which may be associated with your use of www.iBennie.com, without limitation to any other portion of this Terms of Use, you acknowledge and agree that we may, without notice, terminate your access to www.iBennie.com. In addition, you also acknowledge and agree that any violation by you of this Terms of Use will cause significant and irreparable harm to us for which monetary damages would be inadequate. Because of this, in any such circumstances, you consent to IBennie obtaining any injunctive or equitable relief (without posting bond or proving actual damages) deemed necessary in addition to any other remedies IBennie may have at law or in equity.

 

36.  Copyright Information. Unless otherwise specified, www.iBennie.com, including Site design, text, graphics, logos, images, icons, interfaces, and the selection, assembly and arrangements thereof are the sole property of Valoretek LLC, dba IBennie, © 2017 IBennie, ALL RIGHTS RESERVED. Permission is granted to electronically copy and/or to print portions of www.iBennie.com for the sole purpose of obtaining information or for placing an order for products or services offered on www.iBennie.com. Any and all other uses of materials provided on this Site, including but not limited to, reproduction for purposes other than those noted above, modification, transmission, display, distribution or republication is strictly prohibited without prior written consent of IBennie. Any trademarks, trade names, or service marks owned by third parties are trademarks, trade names, or service marks of their respective companies.

 

37.  Applicable Law and Venue. The laws of the State of Colorado, United States of America govern this Terms of Use. www.iBennie.com can be accessed from all 50 States and the District of Columbia, as well as from countries around the world. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Because each of these places has laws that may differ from the State of Colorado, by accessing this Site, both you and IBennie hereby consent to the exclusive personal jurisdiction and venue of the federal district and state courts in El Paso County, the State of Colorado, United States of America, in any and all disputes arising from or relating to the use of www.iBennie.com or the material, content, products, or services available through www.iBennie.com. You also agree that the statutes and laws of the State of Colorado, without regard to conflicts of laws and principles thereof, will apply to all matters arising from or relating to the access and use of www.iBennie.com. Use of www.iBennie.com or the material, content, products or services available through www.iBennie.com is not authorized in any jurisdiction that does not give effect to all provisions of Terms of Use, including this paragraph, without limitation. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IBennie as a result of this Terms of Use or your use of www.iBennie.com or the material, content, products or services available through www.iBennie.com.

 

38.  Legal Equivalency – Electronic Documents. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

 

39.  Other Information and Notices. You acknowledge and agree that all electronic communications, including notices, disclosures, and other information that are provided to you by us satisfy any and all legal requirements that such communications be in writing. You acknowledge and agree that any and all causes of action arising out of, or relating to the use of, www.iBennie.com or the Interaction Services, material, content, products or services that are or may be made available through www.iBennie.com shall be resolved on an individual basis, without resorting class action in any form. The section titles and other headings contained in this Terms of Use are included solely for the reader’s convenience and have no contractual or legal effect. Failure on the part of IBennie to enforce individually any right or provision of this Terms of Use will not be deemed a waiver of future enforcement of that provision or any other provision of this Terms of Use. In the event that a court of competent jurisdiction finds any portion or provision of this Terms of Use to be unenforceable, that portion or provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. You agree and acknowledge that this Terms of Use constitutes the entire agreement between you and IBennie regarding the subject matter hereof.

 

40.  Security. To ensure that information entered on www.iBennie.com is secure, we have implemented a security protocol called SSL. (Secure Socket Layer) SSL encrypts all information entered on our site before it is sent over the Internet. SSL prevents eavesdropping and ensures data integrity during communications. For further information please view our privacy statement. Encryption is the process of taking the characters you enter at your computer keyboard and scrambling them into bits of code before transmission. The bits are securely transmitted over the Internet to be deciphered when received by IBennie. To anyone else, the information would be unreadable.

 

41.  Changes to Terms of Use. We may change these Terms of Use at any time, but will alert you by indicating at the top of the Terms of Use the date it was last updated.

 

42.  Questions or Concerns. Thank you for reviewing our Terms of Use. Should you have any questions about this agreement, or are experiencing difficulties in using this Site, please contact us:

1.    Call our customer service representatives at (877) 775-0546

2.    Email us at support@iBennie.com

3.    Write us at:

IBennie / Customer Service

9249 S. Broadway #200-443

            Highlands Ranch, CO 80129

            Please print and retain a copy of this document for your records