Terms of Use

The Benjamin Institute, a Massachusetts division of Benjamin Enterprises LLC (referred to as “the Institute”, “Provider” or “us”) located at 175 Richdale Ave., Suite 106, Cambridge, MA 02140, provides the Benjamin Institute Website (www.benjamininstitute.com) (hereinafter the “Website”) to the public subject to compliance with all the terms, conditions and notices contained or referenced herein (the, “Policy”). In addition, when subscribing to certain services from the Website, Users will be subject to additional rules applicable to such services.

BY USING THE WEBSITE, YOU INDICATE YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE PROVIDER, THAT YOU ACCEPT THESE POLICIES, TERMS AND CONDITIONS AND THAT YOU AGREE TO ABIDE BY THEM. IF AT ANY TIME YOU ARE DISSATISFIED WITH US, OR OUR WEBSITE, YOU ARE FREE TO DISCONTINUE USE AT ANY TIME.

The content contained in the Website is offered to you, the “User”, for your personal use and enjoyment, conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Use of the Website constitutes your consent to all such terms, conditions, and notices without modification or alteration thereof.

CONTENT

The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Website may also include content provided by third parties, including materials provided by other users and third-party licensors. The Provider is not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

The information and content provided via the Website is intended for your personal use and enjoyment. We reserve the right to remove and/or alter the Website at any time, and remove and/or alter any information or material provided on the Website, in our sole discretion and without notice to you. The Provider will not be liable if the Website, or any part thereof, is unavailable at any time or for any period.

The Website and its entire contents (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Provider, its agents, successors and assigns, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your personal, non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Provider.

You may not reproduce, distribute, modify, display, perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.

You may not: (i) use any photographs, video or audio element, or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

The Benjamin Institute name, logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Provider, its agents, successors and assigns. You are prohibited from using the same without the prior written permission of the Provider. Any other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

30-DAY SUBSCRIPTIONS

At the end of your prepaid Subscription, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal.

You may cancel a 30-day subscription through the My Account section of the Website or notify us of your intent to cancel at any time. Your cancellation will become effective at the end of your current 30-day billing period. To the extent permitted by the applicable law, payments are not refundable, prorated or otherwise, for the remainder of the 30-day term, including any unwatched content. However, your subscription access and accompanying subscriber benefits will continue for the remainder of the current 30-day billing period.

ANNUAL SUBSCRIPTIONS

At the end of your prepaid Subscription, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal.

You may cancel an annual subscription through the My Account section of the Website or notify us of your intent to cancel at any time. Your cancellation will become effective at the end of your current annual billing period. To the extent permitted by the applicable law, payments are not refundable, prorated or otherwise, for the remainder of the annual term, including any unwatched content. However, your subscription access and accompanying subscriber benefits will continue for the remainder of the current annual billing period.

90-DAY COURSE ACCESS

To the extent permitted by the applicable law, payments are non-refundable and the Institute does not provide refunds or credits for any partial 90-day access periods or unwatched content.

PRODUCTS

DVDs are non-refundable but will be replaced if defective.
Ben's Block is refundable within 30 days if in original packaging. However, used blocks are non-refundable.
Books are refundable within 14 days.
Return shipping is not included for any product returns.

DISCLAIMER OF THIRD PARTY SITES

The Website may contain hyperlinks to other sites and resources provided by third parties, these links are provided for your convenience only. The Provider has no control over the contents of those third party sites or resources, and it accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Provider’s Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not share, distribute, present, or broadcast any materials or information obtained from or through the Website through any means. Any violation of these terms and conditions of use may result in the User being enjoined from further use, and may subject the User to civil and/or criminal liability.

LIABILITY DISCLAIMER

Despite the best efforts of the Provider, the information, software, products, and services included in or available through the Website may include errors and inaccuracies. Corrections, alterations and modifications are periodically added to the Website without your knowledge and/or consent. The Provider may make improvements and/or changes in the Website at any time.

Information provided via the Website is designed for your personal information and enjoyment.

Information provided via the Website should not be relied upon for personal, medical, legal or financial decisions. You should always consult an appropriate professional for specific advice tailored to your situation.

Educational materials on the Website are not intended to be construed as a certification program or endorsement of the User’s mastery of the information or ability to deliver a service.

The Provider and/or its vendors/suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Provider Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. The Provider and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

The User expressly releases and holds the Provider harmless for any liability and for any and all damages, including but not limited to direct, indirect, punitive, incidental, special, and consequential including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Provider or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Provider Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

TERMINATION/ACCESS RESTRICTION

The Provider reserves the right, in its sole discretion, to terminate your access to the Website, or any portion or section thereof, at any time, without notice.

JURISDICTION AND CHOICE OF LAWS

This agreement is governed by the laws of the Commonwealth of Massachusetts. In all disputes arising out of or relating to the use of the Website, you hereby consent to the exclusive jurisdiction and venue of the courts in Middlesex County, Massachusetts. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

LEGAL

You hereby acknowledge and agree that use of the Website has created no joint venture, partnership, employment, or agency relationship between you and the Provider. The Provider's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Provider's right to comply with governmental, judicial and law enforcement requests or requirements relating to your use of the Website or the information provided to or gathered by The Provider with respect to such use.

If any part of this agreement is determined to be void, voidable, invalid or unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and the Provider with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Provider. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All original and exclusive content and material contained in the Website are copyrighted by the Provider and/or its agents, successors or assigns. All rights reserved. Unauthorized use of materials will be prosecuted to the fullest extent of the law.

If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to:

The Benjamin Institute
175 Richdale Ave., Suite 106,
Cambridge, MA 02140

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).

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