Date of Last Revision: January 21, 2014
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the Web site of Bentley Mills, Inc. (“Bentley Mills”), located at www.bentleymills.com and any other, mobile sites, mobile applications and other online products and services that link to these Site Terms (collectively the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Bentley Mills, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Bentley Mills for violations of these Terms.
All questions or comments about the Sites or its contents should be directed to email@example.com.
2. Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the Bentley Mills logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, content and materials and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Bentley Mills or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites solely for your personal use or your internal business use in conducting business with Bentley Mills. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the collection, reproduction or imitation of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose or in violation of any restrictions contained in the Sites or otherwise communicated to you by Bentley Mills. In addition, you many not use the Sites in manner that is intended to interrupt, disrupt or interfere with the operation or availability of the Sites or the business of Bentley Mills. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Bentley Mills, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein,nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
BENTLEY, BENTLEY MILLS , the Bentley Mills logo and any other Bentley Mills product or service name or slogan contained in the Sites are trademarks of Bentley Mills, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bentley Mills or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Bentley Mills” or any other name, trademark or product or service name of Bentley Mills without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bentley Mills and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. 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 by us.
4. Statement on Colors
Actual product colors may vary from colors shown on your monitor. Colors can be verified by ordering a sample from our Sites. If you have any questions, please send an e-mail to firstname.lastname@example.org. or telephone our Customer Concierge at 800.423.4709, extension 3.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Bentley Mills or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use a Bentley Mills logo or other proprietary graphic of Bentley Mills to link to the Sites without the express written permission of Bentley Mills. Further, you may not use, frame or utilize framing techniques to enclose the Sites or any Bentley Mills trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Bentley Mills’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Bentley Mills or any third party.
Bentley Mills makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Bentley Mills and Bentley Mills is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Bentley Mills provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Bentley Mills of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
6. Third Party Content
Bentley Mills may provide third party content on the Sites and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Bentley Mills does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Bentley Mills is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
7. Third-Party Products and Services
Bentley Mills may provide information about or links to third-party products or services on the Sites (“Third-Party Products and Services”) Sites. Bentley Mills does not endorse or make any representations or warranties regarding any Third-Party Products and Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Bentley Mills is not responsible or liable in any manner for any Third-Party Products and Services or for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions.
You acknowledge and agree that any questions, comments, suggestions, ideas, concepts, know-how, plans, drawings, creative materials, or other information, feedback or submissions regarding the Bentley Mills, Bentley Mills’ products or services, or the Sites (collectively the “Submissions”) that are provided by you to Bentley Mills in any manner are non-confidential and shall become the sole property of Company. By submitting any Submissions, you (a) assign all rights therein to Bentley Mills, (b) you agree that Bentley Mills shall have the exclusive rights in and to such Submissions; and (c) you represent and warrant to Bentley Mills that you own all rights in the Submissions and have the right to submit the Submissions and grant the rights granted herein. Without limiting the foregoing, you acknowledge and agree that Bentley Mills shall be entitled to the perpetual, irrevocable, and unrestricted use and exploitation of any Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. User Content
The Sites may include the ability to create project folders or other interactive areas or services in which you or other users may upload, create, post or store images, text messages, comments, materials, information, photos, video, or other items or content (“User Content”). You are solely responsible for any User Content you post. You agree not to upload, post, transmit or store any User Content that (a) infringes or violates the rights of any third party; (b) violates any applicable law, rule or regulation; (c) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, harmful, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable; or (d) contains any viruses, corrupted data or other harmful, disruptive or destructive files. Any violation of these rules violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Sites. Enforcement of these User Content rules is solely at Bentley Mills’ discretion, and these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content or conduct that is prohibited by such rules. Bentley Mills takes no responsibility and assumes no liability for any User Content posted, stored, transmitted or uploaded by you or any third party, or for any loss or damage thereto. Although Bentley Mills has no obligation to do so, it has absolute discretion to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you create, post or store on the Sites at your sole cost and expense.
10. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Bentley Mills has adopted a policy of terminating, in appropriate circumstances and at Bentley Mills’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Bentley Mills may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Copyright Complaints
If you believe that anything on the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Bentley HelpDesk
Full Address of Designated Agent to Which Notification Should be Sent: 14641 E. Don Julian Rd., City of Industry, CA 91746
Telephone Number of Designated Agent: (800) 423-4709
Facsimile Number of Designated Agent: (626) 333-3103
E-Mail Address of Designated Agent: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
12. Registration Data; Account Security
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Bentley Mills, to keep it accurate, current and complete; and (d) accept responsibility for all activities undertaken through your account and accept all risks of unauthorized access thereto.
You agree to defend, indemnify and hold harmless Bentley Mills, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your violation of these Site Terms, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BENTLEY MILLS, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BENTLEY MILLS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. BENTLEY MILLS DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
BENTLEY MILLS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE BENTLEY MILLS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, BENTLEY MILLS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Bentley Mills reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or any Services offered through the Sites or any features or functionality of the Sites or the Services at any time without notice and without obligation or liability to you. 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 Bentley Mills.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL BENTLEY MILLS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BENTLEY MILLS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BENTLEY MILLS’ RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BENTLEY MILLS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES OR TO THESE SITE TERMS EXCEED $50.
16. Applicable Law and Venue
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Bentley Mills reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Questions & Contact Information
Questions or comments about the Sites may be directed to Bentley Mills at the email address firstname.lastname@example.org or by calling us at 800.423.4709.