Terms

Welcome to Inthebenches.com Public Beta!

 

Inthebenches has established these policies, terms, provisions, and conditions (collectively, “terms”) to govern your use of the Inthebenches.com Public Beta service and website (collectively referred to as the “Service”). The use of this Service is governed by terms set forth herein. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms and you acknowledge that: 1. You have read and understood these terms and that you agree to be bound by these terms, as same may be amended from time to time, and 2. The disclaimer, limitation of liability, and indemnification provisions set forth in these terms are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use this Service, without which agreement Inthebenches would not enter into this agreement or permit you to use this Service.

 

You may not modify, copy, reproduce, republish, upload, post, transmit, disseminate, reverse engineer, reverse assemble, sell or distribute in any way any material from this Service, including, without limitation, code and software.

Printing of any materials from this Service is strictly limited to personal, non-commercial use. You shall have no rights to the proprietary software and related documentation or any enhancements or modifications thereto (collectively, “Software”) that are accessible through this Service or permit you to access this Service. You represent that you are of legal age to form a binding contract and have full legal authority to enter into this agreement.

 

Public Beta:

 

The Service is provided as a “Public Beta,” on an ‘as is’ and ‘as available’ basis for the purpose of providing Inthebenches with information as to the design and functionality of the Service. The Service may contain errors that could cause corruption or loss of data from your device and from servers, computers, and other peripherals connected to it. Inthebenches recommends that you back up all data on your device and any peripherals before using the Service. You assume all risks and all costs associated with your use of the Service, including without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, interruption of your business, and any damage to any equipment, software or data.

 

Changes to the Service and These Terms:

 

Inthebenches may alter the Service and suspend or discontinue access to the Service (or any part thereof), temporarily or permanently, at any time with or without prior notice to you. Inthebenches shall not be liable to you or any third party for any change or discontinuation of the Service. In addition, Inthebenches is not obligated to provide any maintenance, technical or other support for the Service at any time. Inthebenches reserves the right to update or modify these terms at any time without prior notice. Your use of this Service following any such change constitutes your agreement to follow and be bund by these terms whenever you use this Service.

 

Disclaimer:

 

You expressly acknowledge and agree that Inthebenches accepts no responsibility for the opinions and information posted on this website by others. You acknowledge and agree that Inthebenches does not claim ownership of materials and/or content that other users of the Service submit or make available on the Service. By using this site you acknowledge that material found on the site is for informational purposes only and should not be considered legal advice, which cannot be given without full consideration of all relevant information relating to the visitor’s individual situation. The questions, responses, articles, webinars, and other posted material that appears on the site are not to be construed as legal advice or to be taken as factually accurate. They are merely the views and opinions of the authors of those issues and do not necessarily reflect the views of Inthebenches. The materials is not guaranteed to be accurate, complete or timely. Use of this Service is not intended to create, nor does use of it constitute, an attorney-client relationship between the user and Inthebenches or Inthebenches staff or attorney members.

 

Inthebenches does make efforts to present accurate and reliable information on the site, but Inthebenches does not endorse, approve nor certify such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Inthebenches, including its staff, officers and directors, member attorneys, employees and agents, assume no responsibility for consequences resulting from the use of the information on this website, or from the use of information contained at linked Internet addresses, or in any respect for the content of such information, including, but not limited to, errors or omissions, the accuracy or reasonableness of factual or scientific assertions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. Users acknowledge that any reliance upon any materials found at or through this website is at their own risk.

 

Inthebenches is not responsible for and expressly disclaims all liability for damages of any kind arising out of use, reference to, or reliance on any information on this website or on linked sites. No guarantees or warranties, including but not limited to any express or implied warranties of merchantability or fitness for a particular use or purpose are made by Inthebenches with respect to such information.

This website and its contents and the links to the third party sites and their contents, are provided on a strictly ‘as is’ and ‘as available’ basis and without warranties or representations of any kind, express or implied. To the maximum extent permitted by law, Inthebenches specifically disclaims all representations and warranties, express, implied or otherwise, including without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this site or the third party sites. Inthebenches does not warrant that the functions contained in the materials furnished on this site or any third party site will be uninterrupted, available, or error free, that defects or errors will be corrected or that this website will be available, free from viruses or other harmful components.

 

Inthebenches shall not be responsible for any direct, indirect, consequential, special, punitive or other damages (whether liability is asserted in contract, tort or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of good-will, loss of or damage to property or claims of third parties, arising out of, in connection with, or relating to your use of this site or any third party site. Should you be dissatisfied with this site or the content hereof or a third party site and the content thereof, your sole and exclusive remedy is to discontinue use of this site or such third party site to the extent permitted by applicable law, the foregoing remedy shall apply even if Inthebenches knew or should have known of the possibility of damages to you by use of this site or a third party site. Because some jurisdictions do not allow the exclusion of certain warranties, the above limitations may not apply to you.

 

Limitations on Use:

 

Inthebenches may restrict your use of the Service, including without limitation, by restricting the number of accounts or devices you may register or imposing expiration dates on your access to the service.

 

Inthebenches Account:

 

To access the Service, you must establish an account and password with inthebenches. You are responsible and liable for all activity that takes place on your account, and for keeping your password confidential and secure. Do not post any defamatory, abusive, profane, threatening, offensive or illegal materials.   Do not post any information or other material protected by copyright without the permission of the copyright owner.  By posting material, the posting party warrants and represents that it owns the copyright with respect to such material or has received permission from the copyright owner.

 

Feedback:

 

Inthebenches welcomes and encourages your comments and suggestions concerning the Service, and you agree that Inthebenches will be free to use any feedback you provide for any purpose.

 

Inthebenches’ Access to Your Account and Content:

 

Inthebenches may access, use, preserve and/or disclose your account information and content if in Inthebenches’ judgment such actions are reasonably necessary to: (a) comply with legal process or request; (b) enforce these terms of service; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Inthebenches, its users or the public as required or permitted by law.

 

License from You:

 

Inthebenches does not claim ownership of the materials and/or content you submit or make available on the Service (“Content”). However, by submitting or posting such Content on areas of the Service that are accessible by the public, you grant Inthebenches a worldwide, royalty-free, non-exclusive license to use such Content on the Service solely for any purpose whatsoever.

 

Changes to your Content:

 

You understand that in order to provide the Service and make your Content available, Inthebenches may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Inthebenches to take any such actions.

 

License From Inthebenches:

 

Inthebenches grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provide to you by Inthebenches as part of the Service and in accordance with these terms.

 

Termination:

 

You may terminate your account and/or stop using the Service at any time. Inthebenches may at any time, in its sole discretion and without prior notice, terminate or suspend all or a portion of your account and/or access to the Service. Inthebenches will have no liability to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. Upon termination of your account you lose all access to the Service.

 

Governing law; Severability:

 

This agreement shall be governed by the law of the State of New York, without regard to its conflicts of laws provisions. You agree that venue in any action or proceeding commenced pursuant to this agreement shall lie in the state, city and county of New York and you irrevocably consent to the exclusive jurisdiction of the courts of the State, City and County of New York. If any provision or portion thereof set forth in these terms is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision. To the extent permitted by applicable law, you agree, that, by using this site, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to, your use of this site and/or these terms must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.

 

Indemnity:

 

You agree to indemnify, defend and hold harmless Inthebenches and its affiliates and their respective shareholders, directors, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of this site and/or any third party sites.

 

Copyrights; Use of Content:

 

All of the content included on this site, including all text, graphics, photographs, graphs, sounds, data, images, audio and video clips available on this site (“Content”), is the property of Inthebenches or its content suppliers and protected by U.S. and international copyright laws. All software used to operate this site is the property of Inthebenches and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on this site is the exclusive property of Inthebenches and protected by U.S. and international copyright laws.