Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS SITE. 

By using this site, you signify your agreement to the following terms. If you do not agree to these terms of use, please do not use this site. We reserve the right without notice, at our sole discretion, to change, modify, add, or remove portions of the following terms at any time. 

USAGE
This site is owned and operated by Beninati Incorporated. The copyright in all material provided on this site is held by Carlo Beninati or Beninati Incorporated, as the case may be. Except as expressly stated herein, none of such material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, whether now known or hereafter devised, including, without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior express written permission of Beninati Incorporated, whether on behalf of itself or Carlo Beninati. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is an infringement of the rights of Carlo Beninati and/or Beninati Incorporated, as the case may be. For purposes of these terms, the use of any such material on any other web site or networked computer environment is strictly prohibited. All trademarks, service marks, and trade names are proprietary to Carlo Beninati or Beninati Incorporated, as the case may be. If you download software from this site, the software, including, without limitation, any files and images incorporated in or generated by the software and data accompanying the software (collectively, the "Software") are licensed to you by Beninati Incorporated. Beninati Incorporated does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Beninati Incorporated retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form. 

JURISDICTION 
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting Carlo Beninati products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Beninati Incorporated from offices within the State of Illinois, United States of America. Beninati Incorporated makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

TERMINATION 
These terms are effective until terminated by either party. You may terminate these terms at any time by not using this site and by destroying all materials obtained from this site and all related documentation and all copies and installations, whether made under these terms or otherwise. These terms will terminate immediately without prior notice from Beninati Incorporated if in Beninati Incorporated's sole discretion you fail to comply with any term or provision thereof. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under these terms or otherwise.

DISCLAIMER 
EXCEPT AS NOTED, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BENINATI  INCORPORATED  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENINATI INCORPORATED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BENINATI INCORPORATED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BENINATI INCORPORATED OR CARLO BENINATI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF BENINATI INCORPORATED OR CARLO BENINATI OR EITHER OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BENINATI INCORPORATED OR CARLO BENINATI TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, WITHOUT LIMITATION, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

MISCELLANEOUS 
These terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County in the State and of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as posted by Beninati Incorporated on this site or in writing signed by Beninati Incorporated.