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TERMS AND CONDITIONS

IMPORTANT INFORMATION

You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions. First person pronouns (such as “we” and “our”) refer collectively to johnbenson.com, Diamond Analytics Corporation, Diamond Library, John Benson, and their employees, agents or representatives, as the seller. Second person pronouns (such as “you” or “your”) and “user” refer to the buyer. In the event that you purport to be the agent of, represent, or otherwise act on behalf of any other person or entity, references to “you” or “your” or “user” shall refer to such entity or person; you represent and warrant that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to these Terms and Conditions, and your acceptance of these Terms and Conditions shall constitute acceptance on behalf of such entity or person. 

LICENSE

Our website order system grants you a license to use the software, content or other products (the "products") sold through our website in accordance with these Terms and Conditions (the "license") issued by our company. You are granted a personal license for your own personal use in one place at one time. You promise not to share your products with others. You promise to pay the same price again for a license for each and every additional person if you share access.

UNAUTHORIZED USE

If you have not purchased the license, you shall not place any of our products on a diskette, CD, website or any other medium. You also shall not offer them for redistribution, resale or sharing of any kind without prior written consent from Diamond Analytics Corporation. The Free Demo and free User Manual are excepted.

ASSIGNABILITY

You shall not sub-license, assign, or transfer any products to any entity without prior written consent from Diamond Analytics Corporation.

OUR REFUND POLICY

All products and services are 100% guaranteed to function as advertised and to perform the same as they do in the Free Demo and as described in the free User Manual.

Since johnbenson.com is offering non-tangible, un-returnable, irrevocable goods, we do not issue refunds except when the actual product does not function as shown in the Free Demo and as described in the free User Manual, and then only on a case-by-case basis at our sole discretion, which you acknowledge prior to purchasing any product from our site. Before ordering you should make sure that you have carefully reviewed and satisfied yourself that the product will meet your needs, using the Free Demo and free User Manual. In the event of an exception, prior to issuing a refund, we may require a Waiver of License signed by you, promising not to use your access information again or to share it with anyone, before we grant any such exception.

BUYER READINESS TO PURCHASE SOFTWARE

Ordering our software implies that you have answered all of your questions and determined that the software meets your needs. Software is not sold on a trial basis. For trial we offer a Free Demo to review and test whether you can download, install, run and access all features. We also provide a free User Manual to support the same purpose. By making a purchase you acknowledge that you are satisfied with the functionality and that you are ready and competent to download, install, run and access all features, and that you pre-verified compatibility of our software with your hardware and your operating system by downloading and installing the Free Demo, or you have waived your opportunity to do so and thereby waived any basis to request a refund at any time after your purchase.

Purchasing a software license and PIN number does not entitle the buyer to free lessons in how to use the software. Similar to the way you use other companies’ software such as Microsoft Word© and Excel© you may need to study, practice and learn to become proficient. This study, practice and learning are your responsibility, not ours. Personal lessons and individual help for those who need it, including help downloading and installing new software and updates, must be purchased separately, by appointment only, and may be unavailable during the months of February, March and April.

If you intend to use our software on a Mac, your placing an order affirms that you have pre-satisfied yourself by running the Free Demo on your Mac with your version of Windows© and in accord with all specifications, necessities, and descriptions at store.apple.com/us/browse/guide/windows and www.apple.com/support/macbasics/windowsmac/ and wherever relevant for your needs.

INSTALLATION OF SOFTWARE

By making a purchase, you affirm that you know how to download files from a web site, how to find files on your computer after you have downloaded them, how to run an install .exe file, and how to activate the software after you have installed it, and that you reconfirmed your knowledge by downloading and installing the Free Demo software. Although we provide free descriptions and “how to” instructions, you agree that the installation is your responsibility.

REGISTRATION/PURCHASE

Purchasing from this site requires you to register. When registering, you agree to provide accurate, complete registration and/or purchase information. Each registration is for your personal use only. We do not permit any other person to use the registration under your name or your access or software being made available to another user.

You are responsible for preventing such unauthorized use.

ERRORS, CORRECTIONS AND CHANGES

Although we follow generally accepted professional standards, we do not guarantee that the information available on or through this site will always be correct, accurate, timely or otherwise reliable for any specific purpose or by any specific measure. We may make changes to the features, functionality or content of the Site at any time. Although we take precautions, we cannot guarantee, and do not represent, that our site will always be error-free, free of viruses or other harmful components, or that defects will always be corrected. We reserve the right in our sole discretion to edit or delete any information or content.

THIRD PARTY CONTENT

Third party content may appear on the site or may be accessible via links from the site. We are not responsible for and assume no liability for any third-party content, acts or omissions. You understand that the information and opinions in any third party content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our beliefs or opinions.

YOUR PRIVACY

We respect your privacy and will never share or disclose any information about you, except as may be required by law and law-enforcement authorities, or with your permission.

LIMITATION OF LIABILITY

We (Diamond Analytics Corporation, John Benson, Diamond Library, johnbenson.com and any employees, agents or representatives) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any errors in or omissions from the site or in any services or products obtained there, the unavailability or interruption of the site or any of its features due to factors beyond our direct and immediate control, including but not limited to power outages, natural disasters, or failures of third party service providers.

Although we use reasonable efforts to maintain the web site, we are not responsible for any defects or failures associated with the web site, any part thereof, any products or content posted using the web site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.  The web site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond oyr control or which are not foreseeable by us. We are not a backup service for storing your content, and we shall have no liability regarding any loss of your content. You are solely responsible for creating backups.

The aggregate liability of us and affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, content and/or services provided herein or hereby shall not exceed the purchase price or $100, whichever is lower, and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.

DISCLAIMERS

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEB SITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE FOR ANY SPECIFIC PURPOSE OR BY ANY SPECIFIC MEASURE OR REFERENCE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

GOVERNING LAW AND JURISDICTION

By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the State of Ohio, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Belmont County, Ohio, with respect to any such matters relating to your access or use of this website and/or our products, services and content.

INFORMATION DISCLOSURE

You may not disclose any order information including, but not limited to, Order Number, download link, Username, Password, PIN, etc.

CHANGES AND AMENDMENTS

We reserve the right to change or modify these Terms and Conditions without prior notice and in our sole discretion from time to time.