LAST UPDATED: MARCH 31, 2018

These Terms of Service (“Terms”) govern your access to and use of all Services offered by The Benner Group, Inc. d/b/a The Benner Group, a Maine corporation (“The Benner Group,” “we” or “us”).

DESCRIPTION OF SERVICES

The Benner Group provides education and information on a variety of real estate and homeownership topics. We do this through:

• Pre-recorded classes (“Webinars”) and live transmissions (“Broadcasts”) of educational or informational events, provided through the website bennergrouprealestate.com, our social media platforms linked to or from the Websites, or Integrated Software Platforms as set forth in the Privacy Policy (the “Websites”);

• Blog posts on our Websites (“Blog Posts”); and

• Group or one-on-one consulting, provided through a virtual platform (skype, Zoom, Facebook groups, and Google Meet by way of example) (“Online Meetings”).

We call all of the above (Webinars, Broadcasts, Websites, Blog Posts and Online Meetings) the “Services.” Sherrie Benner is the primary agent providing the Services, although she may involve third party presenters or vendors from time to time, within her discretion (“Vendors”). Some Services are available to the public, and other Services are available to real estate clients.

YOUR USE OF THE SERVICES

By using, accessing, visiting or attending the Services, you agree to be bound by these Terms. These Terms do not create any commercial, legal or any other relationship between you and any Teacher or other student or client you may interact with through the Services.

You may use the Services only if you are at least eighteen years old and can form a binding contract with us, and only in compliance with these Terms and all applicable laws. Wherever the Services asks you to provide information, you must provide accurate information.

We may invite you to post information, questions or comments or upload content (we call all of these “Member Submissions”) in Social Media or in other ways. We do not guarantee that we or any other person will keep Member Submissions confidential. You represent and warrant that you own or have the necessary licenses and permissions to make any Member Submissions.

You agree that in connection with your use of the Services you will not, as we determine in our sole judgment:

• Threaten, abuse, harass, stalk, defame or otherwise act in an offensive manner toward any person, or disrupt any Services;

• Infringe any person’s intellectual property rights;

• Solicit business or investment from any person;

• Take photograph, video recordings or audio recordings, or otherwise download video footage of any Services, unless specifically authorized by Sherrie Benner; or

• Violate any laws or any rules that we or our Teachers communicate to you, or rules of any Social Media platform that we use.

If you register for a course, or gain access to a client portal or password protected resource of any kind in your access of the Services, you agree not to disclose your password to any other person, and you will take sole responsibility for any activities or actions taken by people using your account. You will immediately notify us of any unauthorized use of your account by contacting sherrie@bennergrouprealestate.com.

These Terms are effective as of the “Last updated” date above. We may update them from time to time. You agree to be bound by the updated Terms as soon as we post them on our website or in any app or software that we may offer.

OUR PROVISION OF THE SERVICES

We reserve the rights to monitor your use of the Services to determine compliance with these Terms. We reserve the right to deny the use of the Services to any person who we believe in our sole discretion to be in violation of these Terms, and this includes the right to ask people to leave online or in-person events, exclude people from Social Media communities or conversations, and terminate access to password protected course materials or programs.

We reserve the right to suspend or terminate the Services to any person for any lawful reason at any time.

We neither endorse nor assume liability for Members’ conduct. We generally do not pre-screen, monitor, or edit Member Submissions. We do, however, reserve the right in our sole discretion to remove any Member Submission or other content that, in our sole judgment, does not comply with these Terms or which we otherwise find objectionable. You consent to such removal and waive any claim against us arising out of such removal of any Member Submission.

REGISTRATION FOR SERVICES

You may register for Services through our website. Unless a particular Event page or advertisement says otherwise, your registration for a live event, call, or program is non-transferable.

TERMINATION

If you violate any of these Terms or any other rules or policies that we may establish in connection with the Services, we reserve the right to terminate your participation in the Services immediately and without providing you any refund. You also agree to additional termination policies that we may establish in connection with particular Services.

INTELLECTUAL PROPERTY

The Services provide you with access to various materials that are subject to the protection of intellectual property laws (“Intellectual Property”). All Intellectual Property is the property of its respective owners, which may include us, Teachers and/or various third parties. Your use of the Services gives you no ownership rights and no licenses with respect to Intellectual Property except as provided herein.

You may print or download copies of any Intellectual Property for your own personal, non-commercial use and reference. You may not modify, copy, reproduce, record (via photograph, video, screen-capture or any other technology), resell or otherwise distribute any Intellectual Property to any person in any manner. You may not use any robots, spiders or other data mining or extraction tools to copy any Intellectual Property.

All trademarks, service marks, logos, trade names and any other proprietary designations of The Benner Group used herein are trademarks or registered trademarks of The Benner Group. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

LIMITATION OF LIABILITY; NO WARRANTIES

WE AND OUR TEACHERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS: (A) WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER, IN AN ACTION OF CONTRACT, TORT OR OTHERWISE) ARISING FROM THE SERVICES; AND (B) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO OR ARISING FROM THE SERVICES. WE DO NOT GUARANTEE THAT INFORMATION OR ADVICE PROVIDED IN THE SERVICES WILL YIELD ANY PARTICULAR OUTCOME.

THE LIMITATIONS AND WARRANTY PROVISIONS IN THESE TERMS ARE EFFECTIVE TO THE FULL EXTENT PERMITTED BY LAW, AND THEY WILL CONTINUE IN EFFECT AFTER THE TERMINATION OF YOUR PARTICIPATION IN THE SERVICES.

INDEMNIFICATION

You will indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms or your use of the Services. You will bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information and access to you as we deem necessary.

THIRD-PARTY MATERIALS

The Services may contain references to or links to to third-party websites and resources. We are not responsible or liable for any content appearing on third-party websites or resources and do not endorse them, and you access or act on them at your own risk and subject to any terms of use that the third parties may impose on them.

HOW WE MAY USE INFORMATION YOU PROVIDE US

We will use information that you provide us as stated in our the Terms and/or our Privacy Policy.

GENERAL TERMS

These Terms will be governed by the laws of the State of Maine. Before taking any legal action against us, you will contact us in a good faith effort to resolve your dispute. If you do later take legal action, any such action will be resolved by binding arbitration conducted by a mutually agreed service in Maine. If we fail to reach agreement as to an arbitrator, either we or you may bring an action against the other in a court of competent jurisdiction in Maine.

The failure of either party to enforce any provisions of these Terms is not a waiver of the provisions or of the right of that party to subsequently enforce that provision or any other provision. Should any provision of these Terms be or become unenforceable under applicable law, the other provisions shall remain in effect.

These Terms inure to the benefit of the parties’ successors and assigns. You may not assign or delegate any rights or duties that these Terms impose on you.

These Terms constitute the entire agreement between us and you about the topics set forth in relation to the Services. They replace any other prior oral or written understandings or agreements between us and you about the Services. Additional terms & conditions may apply to specific Services, and those additional terms & conditions will be set forth more specifically at the time of checkout or scheduling.

CONTACT INFORMATION

If there are any questions regarding this privacy policy you may contact us using the information below.

sherrie@bennergrouprealestate.com

Last Updated: 2018