Terms of Use

License Grant and Restrictions

This TOU provides to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site solely for your personal, non-commercial, internal use, conditioned on your continued compliance with all provisions of this TOU.

When using the Site, you shall not directly or indirectly (a) use the Site to create any service, software, or documentation that performs substantially the same functionality as the Site; (b) reverse-engineer or attempt to discover any source code, algorithms, or trade secrets underlying the Site; (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Site for the benefit of any third party; (d) adapt, combine, create derivative works of, or otherwise modify the Site; (e) disable, circumvent, or otherwise undermine any security device implemented in the Site; (f) use the Site for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful purpose; (g) remove or alter any proprietary rights notices; or (h) use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any third party’s authorized use.

User Obligations

You represent that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction (whichever is greater), and will, at all times, provide true, accurate, current, and complete information when submitting information through the Site. You are responsible for compliance with all applicable laws, rules, and regulations with respect to your use of the Site. If you access the Site on behalf of any organization, your organization shall be bound to this TOU. The Site is not intended for use or access by any individual under the age of thirteen (13) years.

Your Account

You may be required to enter certain contact information or register an account to use the Site or to access certain content or features. You agree to treat any access credentials as confidential and to notify Ben Wikler LLC immediately if you suspect or become aware of any loss, theft, or unauthorized use of your login credentials. By submitting the requested registration information, you represent and warrant that the information is complete, true, accurate, and current, and you agree to keep it updated. Ben Wikler LLC reserves the right to suspend or terminate your account if it has reasonable grounds to suspect that any information you submitted is untrue or that your use of the Site violates applicable law or this TOU.

Electronic Communications

Ben Wikler LLC may send emails or other electronic messages to you concerning your use of the Site, including alerts or notifications within the Site. You consent to receive such electronic communications and agree that they constitute valid legal notices satisfying any requirement that such notices be in writing.

Feedback and Submissions

“Feedback” means any feedback, recommendations, suggestions, testimonials, endorsements, or ideas for improvement you communicate to Ben Wikler LLC regarding the Site. If you provide Feedback, you grant Ben Wikler LLC a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to use and otherwise exploit such Feedback for any purpose.

Certain features may permit you to upload, post, or transmit content (each a “Submission”). You grant Ben Wikler LLC a perpetual, worldwide, irrevocable, royalty-free, fully transferable, fully sublicensable license to use, display, copy, reproduce, modify, distribute, and create derivative works of Submissions in connection with operating and improving the Site. You agree not to upload Submissions that are illegal, defamatory, deceptive, infringing, harmful, harassing, or that contain malware. Ben Wikler LLC may, but is not obligated to, screen or moderate Submissions, and is not responsible for any user Submissions.

Links to Third-Party Sites and Services

Certain services, features, or products made available or promoted via the Site — including books or other materials made available for purchase via a third-party website — are delivered by third-party providers. By using any such feature, you acknowledge and consent that Ben Wikler LLC may share information you submit with the applicable third-party provider as required to enable the requested product or service, subject to our Privacy Policy.

Ben Wikler LLC expressly disclaims responsibility and liability for any third-party materials, products, and services described on or accessed through the Site, and you agree that Ben Wikler LLC shall not be responsible for any loss or damage incurred as a result of your use of or access to such third-party materials.

Proprietary Rights

All of Ben Wikler LLC’s and/or its third-party licensors’ data, information, content, and other materials included as part of the Site, including any text, graphics, logos, and images, and the compilation thereof, are the property of Ben Wikler LLC or its applicable third-party licensors, and are protected by copyright and other laws. Ben Wikler LLC reserves all rights in the Site not expressly granted herein. You do not acquire any ownership rights in any part of the Site through this TOU or your use of it.

Indemnification

You agree to indemnify, defend, and hold harmless Ben Wikler LLC and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your violation of this TOU, (b) your infringement or violation of any rights of a third party, (c) your violation of applicable laws, or (d) your content or Submissions.

Disclaimers and Excluded Liability

Ben Wikler LLC does not represent or warrant that the Site will operate error-free or on an uninterrupted basis. The Site is provided “as is” and “as available,” and to the maximum extent permitted under applicable law, Ben Wikler LLC disclaims any and all warranties, express or implied, including any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

In no event shall Ben Wikler LLC be liable for any loss or inaccuracy of data, loss or interruption of use, or any indirect, punitive, incidental, special, exemplary, or consequential damages, including damages for loss of business, revenues, profits, or goodwill, even if such damages were reasonably foreseeable. Certain jurisdictions may not permit some or all of these disclaimers, in which case they will apply to the maximum extent permitted under applicable law.

No Professional Advice

The content and information contained in or made available through the Site cannot replace or substitute for the services of qualified professionals in any field, and nothing on the Site should be treated as formal advice on financial, legal, or other professional matters. You are solely responsible for your decisions, actions, and results regarding such matters.

Term, Termination, and Suspension

This TOU takes effect at the moment you first access or use the Site. Ben Wikler LLC reserves the right at any time, including on any reasonable belief of fraudulent or unlawful activity, to deny or suspend your access to the Site. This TOU terminates automatically if you fail to comply with any provision hereof, subject to the survival of certain provisions. Upon termination, all licenses granted hereunder immediately terminate and you must cease all use of the Site.

Governing Law and Venue

This TOU is governed by the laws of the State of Delaware, United States of America, without reference to its principles of conflict of laws. Any claim, suit, or other proceeding arising under or in connection with this TOU shall be brought exclusively before the state and federal courts sitting in the State of New York, and you consent to the exclusive jurisdiction of such courts.

Severability, Waiver, and Changes

If any part of this TOU is determined to be invalid or unenforceable, that provision shall be severed and the remainder shall continue in full force. Failure to insist on strict performance of any provision will not operate as a waiver. Ben Wikler LLC reserves the right to change this TOU by posting a revised set of terms. Your continued use of the Site following any announced change will be deemed acceptance of that change.

Contact Us

If you have any questions or comments regarding this TOU, please contact Ben Wikler LLC at privacy@benwikler.com.