Terms of Use

This Terms of Use Agreement (“TOU”) sets forth the terms, conditions and guidelines for use of the Bensecurities.com websites (collectively, the “Site”) and the services offered on it. This TOU constitutes a legally binding contract between the user (“you” or “your”), on the one hand, and AltAccess Securities Company, LP (“AltAccess Securities” or “BSC”), a subsidiary of Beneficient, a Nevada corporation (together with its affiliates, including BSC, and/or successor entities, “Beneficient,” “we,” “us” or “our”), on the other hand. Please read this TOU carefully before using the Site. By accessing and using the Site in any way, you acknowledge that you have read this TOU, understand it and agree to be bound by its terms, conditions and guidelines, as we may amend from time to time by posting any revised TOU on the Site.

1. Privacy

Our use of your personal information collected on the Site is governed by the terms of the Site’s privacy policy (the “Privacy Policy”). The Privacy Policy is posted on the Site and sets forth our sole obligations with respect to user data and privacy.

2. Children

You must be 18 years of age or older to use the Site.  The Site is not directed at children, and we do not knowingly collect the personal information from anyone under the age of 13.

3. Intellectual Property

Trademarks. This Site contains logos, service marks, and trademarks owned by Beneficient (the “Marks”). The Marks may not be used for any purpose without our express written permission.

Copyrights. We retain all right, title and interest in and to all Content (and all compilations thereof), including without limitation, any text, music, sound, photographs, video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases or software, that appears on the Site (the “Content”). The Content is protected by U.S. and international copyright law. No right, title or interest to any of the Content is transferred to you by your use of the Site. You may access and view the Content solely for personal, noncommercial purposes. You may copy limited portions of the Content solely by page caching or printing and solely for personal, noncommercial use, provided that (i) you do not make such Content available to any third party and (ii) you do not remove any proprietary notice from such Content, or alter the Content in any way. You may not: modify, delete, add to, or create derivative works of the Content. You may not publish, distribute, transmit, broadcast or frame the Content in any manner; copy or post the Content for public display; collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Site or its Content. In addition, you agree not to rely on any Content created or posted by us.

4. Content of Site

We do not guarantee the accuracy, completeness or reliability of any information appearing on the Site and such information is subject to change without warning. The Site may contain errors and omissions relating to service and product descriptions, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our complete discretion without prior notice. By using the Site, you agree to hold us harmless from any claims relating to errors or omission on our Site. Furthermore, there may be information and links to the third-party entities and websites that are not affiliated with us. Any trademarks or other intellectual property rights associated with those entities are solely owned by such third party and use of such site is governed by the Terms and Conditions of that site. We expressly disclaim any liability for any information contained on any third-party site, and do not guarantee the accuracy, completeness, or reliability of such third-party information.

5. Prohibited Uses

You agree to use the Site and all related services only for lawful purposes. You further agree to abide by the terms and conditions of any third-party assisting with the hosting or administration of this Site in addition to these TOU.

Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. We expressly prohibit any unauthorized third party linking to the Site, including links to the home page or any other page on the Site domain.

6. Indemnity

You agree to indemnify and hold us and our affiliated entities, partners, telecommunications providers, service providers, officers, employees, and agents harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Site or any related services, your violation of the TOU, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of an account you may have with us, of any intellectual property rights, privacy rights, or other rights of any person or entity.

7. Limitation of Liability

In no event will we, our affiliated entities, service providers, or other third parties affiliated with us be liable for any indirect, incidental, extraordinary, exemplary, punitive or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use or inability to use the Site or related services, the results of such services, or any information contained on the Site, or in such services, whether such damages are based on warranty, contract, tort or other any other legal theory and whether or not such party is advised of the possibility of such damages. Our aggregate liability and the aggregate liability of any of our affiliated entities, service providers, or other third parties affiliated with us arising from or relating to this TOU (regardless of the form of action or claim, e.g., contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to one-hundred dollars ($100). Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Site Use and Disclaimer of Warranties

The Site and all related services are provided on an “as is” and “as available” basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. Except for the express warranties explicitly provided herein, neither we nor our affiliated entities, partners, or service providers make any representations or warranties of any kind, express or implied as to the operation of the Site, the Content, any information made available through the Site, or any transactions entered into by use or through the Site. To the extent permitted by law, we and our affiliated entities, partners, and service providers disclaim all warranties, express or implied, including by not limited to, implied warranties of merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither we nor our affiliated entities, partners, or service providers warrant that use of the Site or any related services will be uninterrupted, available at any time or from any location, secure or error-free, or free of viruses or other harmful components. Neither we nor our affiliated entities, partners, or service providers warrant that the Site will meet your requirements or that any defects will be corrected. Furthermore, neither we nor our affiliated entities, partners, or service providers make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, completeness, reliability or timeliness of any information available on or through the Site.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is at your discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that may result from the downloading of such material and/or data.

No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein.

9. Violation of TOU

Please also note that at any time, if we determine that you have abused or violated any of the provisions of this TOU, or any applicable law, we reserve the right to terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TOU may additionally incur criminal and/or civil liability.

10. Modifications

Please note that we may change this TOU at any time by posting the modified TOU on the Site, or by otherwise notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes.

11. Applicable Law

The TOU shall be governed by and construed in accordance with the laws of the state of Texas as it is applied to contracts entered into by residents of the state of Texas.

This TOU (including the Privacy Policy, incorporated herein by reference) constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

12. Disputes

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this TOU shall be conducted by a single arbitrator under the rules then prevailing under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOU shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.