Terms & Conditions

Copyright © Benuvia Operations. LLC 2024. All Rights Reserved.

Welcome to the benuvia.com website (also referred to as the “Site”) owned and operated by Benuvia Operations, LLC (“Benuvia”). These Site Terms and Conditions contain the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (“you”) may access and use the Site. Before accessing the Site, please read the following Terms and Conditions carefully as they govern your use of the Site. By accessing, viewing, or using the Site, you, the user, indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that Benuvia reserves the right to change these Terms and Conditions without notice. Your continued use of the Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not access or otherwise use the Site.

License Grant
These Terms and Conditions provide you with a personal, revocable, nonexclusive, nontransferable, non-sublicensable, limited license to use the Site conditioned on your continued compliance with these Terms and Conditions, until such license may be terminated or suspended by us. You may print and download materials and information on the Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. As a further condition of use of the Site, you warrant to Benuvia that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.

Intellectual Property Rights
All materials contained in the Site are protected by law, including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The contents of the Site, as well as all materials distributed in conjunction with the Site, are owned and are Copyright © 2022 Benuvia Operations, LLC, or its affiliates, licensors or suppliers. All rights are reserved. Benuvia also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Re-publication or citation of any other content generated by the Site without the written consent of Benuvia is expressly prohibited. All product names, whether or not appearing in large print, italics or with the trademark symbol, are trademarks of Benuvia, its affiliates, related companies or its licensors or joint venture partners and any use of such marks without the express written permission of Benuvia is strictly prohibited. Unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. Please be aware that Benuvia actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Restrictions
You agree not to, and not to encourage or permit any third party to, directly or indirectly: (i) copy, modify, adapt, frame, mirror, reproduce, translate, distribute, transmit, reverse engineer, decompile, or disassemble, use, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), or display any aspect of the Site or the content on the Site, except as expressly allowed by these Terms and Conditions; (ii) take any action intended to disrupt servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; or (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Site.

Feedback
Benuvia welcomes your feedback and suggestions about how to improve the Site, its other intellectual property, its products and services, its business or otherwise. If you provide ideas, suggestions, information, know-how, material, or other content (collectively, “Feedback”) you hereby grant a royalty-free, fully paid-up, perpetual, irrevocable, transferable, sublicensable (in multiple tiers) worldwide, nonexclusive right and license for Benuvia to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, make improvements on, display, broadcast, import, export, make, sell, (in whole or part), or act on or otherwise exploit in any manner such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Any communications or information that you send to Benuvia through the internet, electronic mail, post on our Site or otherwise, including questions, comments, suggestions or the like, are deemed to be non-confidential and Benuvia shall have no obligation with respect to such information.

Privacy Policy
To the extent permitted by applicable law, you acknowledge and agree that we may collect and use information relating to you, including information which may personally identify you, pursuant to our Privacy Policy, available at www.benuvia.com.

Termination
You may cease to access and use the Site at any time. We may terminate these Terms and Conditions and terminate or suspend your access and use of the Site (and all permissions or licenses granted to you) immediately, without prior notice or liability, under our sole discretion, for any or no reason whatsoever and without limitation, including but not limited to due to your breach of these Terms and Conditions. Except for the licenses and permissions granted to you in these Terms and Conditions, all provisions of these Terms and Conditions shall survive any termination or expiration of these Terms and Conditions.

Disputes; Jurisdiction and Governing Law
The information provided on the Site is intended for U.S. audiences. These Terms and Conditions of Use and your use of our Site shall be governed by the laws of the State of Texas without regard to conflict of law principles or choice of law rules. By using our Site, you agree that any legal action shall be brought exclusively in a federal or state court of competent jurisdiction sitting in or serving Williamson County, Texas. If any provision of these Terms and Conditions is held to be unlawful or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

Indemnification
By using any of our Site, you agree to indemnify, defend and hold harmless Benuvia, its affiliates and its and their officers, directors, managers, employees, agents, consultants and third-party affiliates from and against any and all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation by you of these Terms AND CONDITIONS.

Disclaimer
THE SITE, AND ALL CONTENT, MATERIALS AND INFORMATION WE MAKE AVAILABLE TO YOU (COLLECTIVELY, INCLUDING THE SITE, THE “MATERIALS”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE MATERIALS OR OTHERWISE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, WARRANTIES WHICH MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE, WARRANTIES AS TO THE OPERATION OF THE SITE, OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENTNESS, OR AVAILABILITY OF THE MATERIALS, ALL OF WHICH ARE HEREBY DISCLAIMED. YOU EXPRESSLY AGREE THAT YOUR ACCESS AND USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK.

Medical information that appears on this Site is for informational purposes only and is not, nor is intended to be, a medical diagnosis or a replacement for advice given by a physician or other medical professional. Any reliance on the information provided on this Site is at your sole risk and responsibility. Benuvia may make changes to these materials at any time without notice and makes no commitment to update the information contained herein.

This Site may link you to other websites that are not owned or controlled by Benuvia. These links are provided for your convenience only. These sites are maintained by entities over which Benuvia exercises no control. Accordingly, Benuvia expressly disclaims any responsibility for websites linked, the content, the accuracy of the information, and/or products or services, or quality thereof, provided by or advertised on these third-party websites. If you choose to access hyperlinks to another website, you do so at your own risk.

THE FOREGOING IN THIS SECTION DOES NOT LIMIT OR EXCLUDE ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, (A) BENUVIA, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY, OR INDIRECT DAMAGES OR LOSSES OF ANY KIND, OR LOST PROFITS, BUSINESS, REVENUES OR SAVINGS, LOST DATA, DAMAGE OR LOSSES TO GOODWILL, REPUTATION OR BUSINESS, OF USE OR INTERRUPTION THEREOF, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, ARISING OUT, IN CONNECTION WITH, OR RELATED TO, THESE TERMS AND CONDITIONS, THE SITE, THE MATERIALS OR YOUR ABILITY TO ACCESS OR USE THE SITE OR ANY PORTION THEREOF OR THE MATERIALS; AND (B) THE TOTAL CUMULATIVE LIABILITY OF BENUVIA, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SITE, THE MATERIALS OR YOUR ABILITY TO ACCESS AND USE THE SITE OR ANY PORTION THEREOF OR THE MATERIALS SHALL IN NO EVENT EXCEED THE GREATER OF US$100.00, OR THE FEES ACTUALLY PAID TO US BY YOU IN CONNECTION WITH ANY OF THE FOREGIONG DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND REGARDLESS OF THE FORESEEABILITY OR WHETHER ANY PERSON OR ENTITY WAS ADVISED OR AWARE OF THE POSSIBILITY OF THE DAMAGES OR LOSSES, AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (WHETHER IN TORT, BREACH OF CONTRACT OR OTHERWISE).

Miscellaneous
Benuvia reserves the right to modify the Site at any time. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Benuvia without restriction or notification to you. These Terms and conditions constitute the entire agreement between you and Benuvia regarding the subject matter thereof, including the Site and the Materials, and supersede and replace any prior agreements with respect to such subject matter. These Terms and Conditions may not be amended except by Benuvia. No approval, consent, waiver, or other writing by Benuvia in connection with these Terms and Conditions shall be valid unless signed in writing by an authorized representative of Benuvia. No waiver of any breach of these Terms and Conditions or any portion thereof will be deemed a continuing waiver or effective as to any other breach, whether of the same or any other term or condition. In the event that any of these covenants or provisions is for any reason adjudged, decreed or ordered by any court of competent jurisdiction to be unenforceable, illegal or invalid in any respect, such covenants or provisions will be deemed modified to the extent necessary to render all of them enforceable and such judgment, decree or order will not affect, impair or invalidate any of the remaining covenants or provisions of these Terms and Conditions. Headings are for convenience only and are not intended, and shall not be used for the purposes of interpreting or construing this Agreement. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.